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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 Reporting

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 PFAS

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

A new paper from Northeastern University’s PFAS Project Lab and researchers from the National Institute of Environmental Health Sciences (NIEHS) reaches the sobering conclusion that over 57,000 sites in the U.S. have “presumptive contamination” from per- and polyfluoroalkyl substances (“PFAS”). …
Continue Reading New Study Identifies Over 57,000 Sites “Presumptively Contaminated” with PFAS

Earlier this week, on July 18, 2022, U.S. EPA issued a final rule that subjects five new per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know…
Continue Reading EPA Expands List of PFAS Subject to Toxic Release Inventory Reporting

Original Kelley Drye Client Advisory posted on June 30, 2022.

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s”…
Continue Reading The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

Earlier this week, U.S. EPA released the agency’s 2020 TRI National Assessment Report, which includes data from first-time reports filed for per- and polyfluoroalkyl substances (PFAS).  In releasing the report, EPA indicated that it was concerned by “the seemingly limited…
Continue Reading EPA Releases 2020 Toxic Release Inventory (TRI) Data, Plans to Eliminate De Minimis Exemption for PFAS

As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five “persistent, bioaccumulative and toxic” (PBT) substances, the agency already is proposing to extend until 2024 the compliance date with the existing…
Continue Reading EPA Proposes Extension Until 2024 for Compliance with Problematic PBT Rule