PFAS Playbook

Last Friday, the House of Representatives approved the bipartisan Infrastructure Investment and Jobs Act. The Act sets aside over $1.2 trillion in spending, $10 billion of which will be dedicated to addressing per- and polyfluoroalkyl (PFAS) contamination in water. Through the establishment of three new grant programs, $5 billion will go to assisting rural and disadvantaged communities address PFAS in drinking water, $4 billion is pledged to removing PFAS from drinking water supplies, and the remaining $1 billion will be used to help address the presence of PFAS in wastewater ...

In an August 5^th letter to the food packaging industry, the U.S. Food and Drug Administration (FDA) issued a reminder to manufacturers, distributors, and users of fluorinated polyethene food packaging of the limitations of fluorinated polyethylene containers that are authorized for food contact use. The FDA also reminded the food packaging industry that the manufacturing of such packaging must be made under specific conditions and in compliance with existing FDA regulations.

The FDA’s letter comes in the wake of recent testing performed by the Environmental Protection ...

On August 6, 2021, Gov. J.B. Pritzker signed into law S.B. 561, known as the PFAS Reduction Act. The new law focuses on Class B firefighting foams, commonly referred to as aqueous film forming foams, which have been widely recognized as a source of per and polyfluoroalkyl substances (PFAS). Among other provisions, the PFAS Reduction Act directs the following:

• Prohibits any person (including local governments and fire departments) from discharging Class B firefighting foams containing PFAS during training exercises or testing, except under certain conditions.
• After January 1 ...

Last month, the Environmental Protection Agency (EPA) released a proposed rule that would require more data from manufacturers on per- and polyfluoroalkyl substances (PFAS) made since 2011. In the proposed rule, which can be read here, EPA announced their intention to gather certain information going back to January 1, 2011 in accordance with revisions to the Toxic Substances Control Act (TSCA) mandated by the FY 2020 National Defense Authorization Act (NDAA). This one-time reporting obligation would apply to both chemical manufacturers and processors, as well as ...

On July 22, the state of California unveiled for public review its draft public health goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), two of the most widely studied types of PFAS. As noted in the goals, these two particular compounds have been used in consumer products and industrial settings for the last half-century. Because of their prevalence, California now proposes establishing a limit of PFOA at 7 parts per quadrillion in drinking water, and 1 part per trillion for PFOS. Even if finalized, California’s PHGs are not directly ...

Three northeastern states are among those that have recently taken legislative action to address PFAS in consumer products and the environment. Maryland recently banned 13 different PFAS and their salts from being sold in cosmetic products within the state. Vermont recently passed an even stricter law prohibiting the sale of several categories of commercial products containing PFAS. Finally, Maine has established a limit of 20 parts per trillion for six types of PFAS found in drinking water, well below EPA’s 70 parts per trillion advisory level for PFOS and PFOA, while also ...

Lathrop GPM Environmental & Tort Partner Ally Cunningham, along with Insurance Recovery attorneys Sarah Lintecum and Alana McMullin, recently co-authored the article “Cos. Should Review Insurance Policies for PFAS Coverage” in Law360.

The article addresses recent changes by the EPA and other governing bodies to regulate PFAS, including the proposal of an EPA Council on PFAS. The article also discusses the impact these changes may have on companies with PFAS responsibilities, how companies should prepare, and the role insurance coverage may play when found liable ...

Join us on June 9 at 1:00pm CT for a virtual presentation on “PFAS Environmental and Insurance Considerations: What You Need to Know.” This is part of our annual State of Litigation three-part webinar series, beginning June 9 and concluding June 23. We will kick things off with our PFAS presentation. Register for one or all three sessions at https://bit.ly/2Sd8oBd.

On April 27, 2021, new EPA Administrator Michael Regan issued a memorandum calling for the creation of a council composed of senior EPA officials dedicated to addressing nationwide impacts from Per- and Polyfluoroalkyl Substances (PFAS). In the memo, which can be read here, Administrator Regan directs the newly formed EPA Council on PFAS (“ECP”) to:

• Develop “PFAS 2021-2025 — Safeguarding America's Waters, Air and Land,” a multi-year strategy to deliver critical public health protections to the American public based on EPA’s review of all ongoing actions and ...

Members of Congress are renewing legislative efforts to impose new limitations on per- and polyfluoroalkyl substances (“PFAS”). Announced by lawmakers from Michigan on April 13, the PFAS Action Act of 2021 would impose several significant restrictions upon the use, disposal, and clean-up of PFAS. Among other items, the Act would:

1. Create nationwide drinking water standards for two of the most widely studied types of PFAS, PFOA and PFOS
2. Require EPA to designate PFOA and PFOS as “hazardous substances” under CERCLA within one year, and determine whether to list all other PFAS ...