A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by the Northeast Waste Management Officials’ Association, Inc. (NEWMOA)
Continue Reading Draft Model State PFAS Legislation: A More Holistic Approach To Regulating “Forever Chemicals” in Consumer ProductsMaine Readies Proposed Rule on PFAS in Food Packaging
By Joseph J. Green & Zachary Lee on
The Maine Department of the Environment (DEP) plans to propose a long-awaited rule later this year aimed at eliminating per- and polyfluoroalkyl substances (PFAS) in food packaging. The proposed rulemaking was announced to state lawmakers by a DEP representative at…
Continue Reading Maine Readies Proposed Rule on PFAS in Food PackagingMinnesota Considering Extensive Reporting Requirements and Ban on PFAS in Consumer Products
By Joseph J. Green & Zachary Lee on
Last week, the Minnesota House passed the state’s largest-ever environmental and natural resources funding bill, including a ban on per- and polyfluoroalkyl substances (“PFAS”) in many consumer products beginning in 2025, with a ban on most such applications in 2032.
Continue Reading Minnesota Considering Extensive Reporting Requirements and Ban on PFAS in Consumer ProductsMaine Reexamines PFAS Ban and Reporting Regulations
By Joseph J. Green & Zachary Lee on
“First movers” in a regulatory field often need to recalibrate their approach. Maine is no exception as it seeks to implement the broadest reporting and use ban in the country addressing per- and polyfluoroalkyl substances (“PFAS”) chemicals in consumer products. …
Continue Reading Maine Reexamines PFAS Ban and Reporting RegulationsNew York Expands PFAS Apparel Ban
By Joseph J. Green & Zachary Lee on
The New York state legislature has passed a bill (S.1322/A.994) to modify previous legislation that largely bans per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel by 2025 that was signed into law by Governor Kathy Hochul in…
Continue Reading New York Expands PFAS Apparel BanLatest TRI Data Show Modest Increase in PFAS Reporting
By Joseph J. Green & Zachary Lee on
Last week, EPA released the Agency’s 2021 Toxic Release Inventory (“TRI”) Analysis showing that only 44 facilities submitted 89 forms on their per- and polyfluoroalkyl (“PFAS”) releases and waste management, a marginal increase over the 38 facilities that submitted such…
Continue Reading Latest TRI Data Show Modest Increase in PFAS ReportingEPA Proposes First National Drinking Water Standard for PFAS
Yesterday, the United States Environmental Protection Agency (EPA) released proposed national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) pursuant to the federal Safe Drinking Water Act (SDWA)—a key step towards establishing the first enforceable federal standard for…
Continue Reading EPA Proposes First National Drinking Water Standard for PFASNew York Joins the Growing List of States with Bans on PFAS in Apparel
By Joseph J. Green & Zachary Lee on
Following in California’s footsteps, New York has recently joined a litany of States banning per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel.
New York Governor Kathy Hochul signed the bill into law on December 30, 2022, which will…
Continue Reading New York Joins the Growing List of States with Bans on PFAS in ApparelEU Proposes Ban on PFAS in Most Products
By Joseph J. Green & Zachary Lee on
The European Union (“EU”) is preparing to adopt the world’s most sweeping ban on per- and poly-fluoroalkyl substances (“PFAS”), including with respect to the presence of the so-called “forever substances” in practically all consumer and commercial products.
On February 7…
Continue Reading EU Proposes Ban on PFAS in Most ProductsThe California Prop 65 Acrylamide Saga Continues
By Joseph J. Green & Zachary Lee on
Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years in the making, OEHHA issued its final “Exposures to…
Continue Reading The California Prop 65 Acrylamide Saga ContinuesComments Due Soon on EPA Proposed Rule to Eliminate De Minimis Exemption for PFAS Reporting under the Toxic Release Inventory Program
By Joseph J. Green & Zachary Lee on
Comments are due February 3rd on EPA’s proposed (and much anticipated) rule to eliminate use of the de minimis exemption for reporting on per- and poly-fluoroalkyl substances (“PFAS”) under the Toxic Release Inventory (“TRI”) program.
When the 2021…
Continue Reading Comments Due Soon on EPA Proposed Rule to Eliminate De Minimis Exemption for PFAS Reporting under the Toxic Release Inventory Program