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PFAS Year-End Review: EPA Lays Groundwork for Tighter Regulatory Scrutiny

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2022 was a foundational year for the Environmental Protection Agency’s (EPA) planned actions to regulate per- and poly-fluoroalkyl substances (PFAS) under its PFAS Strategic Roadmap (Roadmap). Since issuing its Roadmap in October 2021, EPA has set out to lay the groundwork for its cradle to grave regulation of PFAS through proposed rules, advisory documents, memoranda, and guidance addressing PFAS cleanup, PFAS in drinking water and aquatic environments, PFAS in manufacturing and consumer products, PFAS research, and PFAS enforcement actions.

Miller Nash is pleased to share a technical article that outlines the four key actions that impact federal and state regulators, businesses, investors, and consumers. These four actions include:

  • EPA initiated the rulemaking process to designate two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
  • EPA’s interim PFOS and PFOA health advisories have caused significant debate and resistance;
  • EPA added risk-based screening levels to its Regional Screening Level and Removal Management Level lists; and
  • EPA issued its proposed rule to eliminate the Trump-era rule exempting de minimis releases of certain PFAS from the Toxic Release Inventory reporting requirement.

Collectively, EPA’s actions over the last year—as well as actions prior to 2022—create an environment of increased regulatory scrutiny and compliance costs. We invite you to read the comprehensive article with more specific details here.