Law360 Quotes Counsel Jessica Rosell on Implications & Impacts of EPA's Newly Proposed Limits on 'Forever Chemicals'


Law360 quoted Lathrop GPM Counsel Jessica Rosell on the recently released U.S. Environmental Protection Agency's proposed rule to limit 'forever chemicals' in drinking water. These chemicals, also known as PFAS, have been used in industry as well as consumer products since the 1940s, according to the EPA’s 398-page release detailing the proposed rule, which will be open for public comment.

Public water systems would have to monitor for the chemicals and notify the public and reduce levels of per- and polyfluoroalkyl substances, or PFAS, if they're found to exceed the standards. The proposal could also result in new permit conditions for businesses whose waste ends up in water treatment facilities.

"I think private parties that have industrial discharge permits will likely see monitoring requirements as permits are renewed," Rosell said. "So you'll see that impact for a variety of industries, if they haven't seen that already. Then I think you'll also start to see state environmental agencies referencing these standards both in terms of potable water, and even though it doesn't specifically apply, in terms of evaluating health impacts for other environmental media."

The regulatory community has long been awaiting this rule, particularly since EPA issued its non-enforceable lifetime health advisories (LHAs) last June that many found were shockingly low, which you can read more about here.

There are several important differences between last June’s guidance and the rule issued today, and we have identified several immediate issues to consider. We will provide more information regarding how this affects public and private entities across various industries in the coming hours and days. We encourage you to contact your Lathrop GPM team to discuss your specific circumstances.

Read the full article here [SUBSCRIPTION REQUIRED]: PFAS Rule Could Strengthen Regulators', Plaintiffs' Hands.