EPA today released updated interim drinking water health advisories for PFOA and PFOS.  The health advisory level was previously 70 ppt (parts per trillion) for the total of PFOA and PFOS.  The updated interim health advisory levels are now 0.004 ppt for PFOA and 0.020 ppt for PFOS, three orders of magnitude lower.  EPA’s health advisories are not enforceable or regulatory, but are painful in civil litigation because they have the look of a standard.  These interim health advisories will be in place until EPA passes its PFAS National Primary Drinking Water regulation.  ..read more

Earlier this week, the U.S. EPA published the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). Pursuant to the rule, all public water systems serving more than 10,000 people, as well as  public water systems serving between 3,300 and 10,000 people (but only if sufficient funding and lab capacity is available), will be required to conduct a 12-month long sampling program for 29 specified PFAS chemicals.  The rule will also require the same testing from 800 randomly selected systems that serve less than 3,300 people. Nothing about the rule comes as a surprise.  Congress spe ..read more

Per- and polyfluoroalkyl substances (“PFAS”) are a group of man-made chemicals that contain nearly 5,000 different compounds. PFAS are ubiquitous and can be found in a variety of everyday products, including stain- and water-resistant fabrics and carpeting, cleaning products, cookware, paints, and fire-fighting foams. While PFAS compounds remain largely unregulated at the federal level, the United States Environmental Protection Agency (“EPA”) has taken some steps to develop guidelines with respect to two PFAS compounds. In 2016, EPA issued drinking-water health advisories for the sum of PFOA ..read more

The U.S. EPA recently released the 15th installment of its Preliminary Effluent Guidelines Program Plan[1]. In addition to announcing the initiation of new rulemakings for certain categories of industrial dischargers, the report provides a window into where the agency is focusing its attention for potential future clean water act regulations. This year, landfills were among the categories of sources that EPA has been studying, and will continue to study as it continues to look for ways of reducing per- and polyfluoroalkyl substances (PFAS) in the environment. Previously received public comment ..read more

The Vermont Department of Environmental Conservation (VDEC) is currently in the process of reviewing and reauthorizing its Hazardous Waste Management Regulations. Mixed among the updates is a proposed provision that should be of great concern to generators of used oil wastewater. Section 7-805 of VDEC’s hazardous waste regulations delineates the requirements for wastewater to be considered used oil, which currently is not subject to the Department’s regulations for disposal of hazardous waste. However, the proposed regulations add §7-805(g) to its section on used oil determination. This sectio ..read more

Developers, ranchers, farmers and others who fill or alter bodies of water have seen a never-ending carousel of regulatory changes to the federal rules that apply to such activities.  Earlier this week, an Arizona federal court made one more change while new rules are being written. On August 30, 2021, the U.S. District Court for the District of Arizona vacated a 2020 rulemaking that had pared back protections to certain bodies of water (see attached August 30, 2021 Opinion).  The 2020 rulemaking replaced a 2015 rule defining “waters of the United States” more broadly under the Clean ..read more

EPA recently issued an Enforcement Alert to owners and operators of metal recycling facilities about high levels of VOC emissions that have been identified at a number of large shredders.  The issue of VOC emissions from metal shredders has not previously been well known or understood.  EPA is now publicly acknowledging the issue and, finally, alerting facilities and state environmental agencies. These scrap metal recycling facilities have routinely been permitted and operated without any VOC emission limitations or controls.  Emissions testing had not previously been done becau ..read more

On July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2011, requiring EPA to establish nationwide drinking water standards for PFOA and PFOS, two of the thousands of PFAS compounds.  EPA has previously established non-enforceable drinking water health advisories for PFOA and PFOS of 70 ppt. The bill also requires EPA to designate PFOA and PFOS as “hazardous substances” under CERCLA within a year and determine whether the remaining PFAS compounds should be designated as hazardous substances within 5 years.  The bill further requires EPA to list PFOA and PFO ..read more

Illinois has become the latest state to issue formal Health Advisories for a number of Per- and Polyfluoroalkyl Substances (PFAS). The Health Advisories are for four compounds—Perfluorobutanesulfonic (PFBS) (140,000 parts per trillion “ppt”); Perfluorohexanesulfonic acid (PFHxS) (140 ppt); Perfluorooctanoic acid (PFOA) (2 ppt); and Perfluorohexanoic acid (PFHxA) (560,000 ppt)—and the Illinois Environmental Protection Agency (EPA) was required to issue them after each chemical was detected in at least one public water system in the state. Notable among the four Health Advisories is the 2 ppt le ..read more

EPA is accepting comments on an information collection request (ICR), NSPS for Municipal Solid Waste Landfills, submitted to the Office of Management and Budget (OMB). Comments will be accepted until March 1, 2021 and should be submitted online using www.regulations.gov or by email to docket.oeaca@epa.gov referencing Docket ID Number EPA=HQ-OECA-2020-0203 ..read more