Month: July 2023

EPA Requires Reporting for Nine Additional PFAS

Paint Square

Washington, DC – EPA issued a final rule to update the Toxics Release Inventory (TRI) chemical list to identify nine additional per- and polyfluoroalkyl substances (PFAS) subject to reporting requirements. This final rule comes as a follow-up to the EPA’s January announcement of the automatic addition of those nine additional PFAS to the TRI list. The EPA says that reporting forms for these PFAS will be due to the Agency by July 1, 2024, for calendar year 2023 data. For the text of the rule update, click here. For the full text of the article, click here.

PFAS Liability: Congressional Letter Requesting Enforcement Discretion for Privately Owned/Operated Municipal Solid Waste Landfills

JD Supra by Walter Wright, Jr

Washington, DC – EPA has proposed to designate certain PFAS as Comprehensive Environmental, Response, and Liability Act (“CERCLA”) hazardous substances. Designation of PFAS as a CERCLA hazardous substance would trigger corresponding requirements such as application of the potentially responsible liability categories (i.e., current owner or operator, former owner or operator [in certain circumstances], transporter [in certain circumstances], and generators) and hazardous substance release reporting requirements (if reportable quantities are released). Concerns have been expressed by various interest groups, including landfills, that they would be unfairly encompassed and subject to Superfund liability/reporting requirements. For the full text, click here.

State of Washington Offering Free Training in Identifying and Managing PCB-containing Building Materials With EPA Grant

WA Dept of Ecology Washington

Through a grant from EPA, the Washington State Department of Ecology is providing training to help business owners, consultants, and contractors safely maintain and abate buildings that contain polychlorinated biphenyls, or PCBs. These manmade chemicals were widely used in building materials to add flexibility, adhesion, and durability. But they can also pose health risks and contaminate stormwater, soils, sediments, and affect indoor air quality.  For the full text, click here.

Chemical Companies Paying $1B PFAS Settlement

Paint Square National

Chemical solutions company Chemours, alongside manufacturer DuPont de Nemours and agricultural chemical company Corteva, Inc., recently reached an agreement to resolve all per- and polyfluoroalkyl substances-related drinking water claims. According to the release, the companies will collectively establish and contribute a total of $1.185 billion to a settlement fund for United States water systems. The three chemical manufacturers are reportedly facing thousands of lawsuits across the country alleging that PFAS were utilized in their manufacturing processes. For the full text, click here.

Biden Administration Invests in Brownfields Cleanup

Paint Square Washington, DC

EPA announced funding to expedite the assessment and cleanup of brownfield sites in the country. The investments, which total $315 million from President Joe Biden’s Investing in America Agenda, are expected to aid in the advancement of environmental justice. EPA selected 262 communities to receive 267 grants that total more than $215 million in competitive EPA Brownfields funding through the Multipurpose, Assessment, Revolving Loan Fund and Cleanup (MARC) Grant programs. This is reportedly the highest funding level ever announced in the history of the Brownfields Program. For the full text, click here.