Environmental Law and Science, PLLC

40 DAYS UNTIL … PFAS PRODUCT BANS IN EIGHT STATES As you are busy counting down the days until Christmas or other holidays, please be aware that on January 1, 2025. PFAS product bans take effect in eight states: California (textile articles, cosmetics); Colorado (indoor textile furnishings and upholstered furniture); Maryland (cosmetics); Minnesota (carpets and rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax and upholstered furniture); New York (carpets and rugs, apparel); Oregon (food packaging) and Washington (cosmetics). This is the first big wave of bans on the sale of product with intentionally added PFAS (with more to come in 2026, 2027 and 2028). There will be big compliance challenges for businesses, as well enforcement challenges for the state environmental agencies that will implement and enforce these bans. There are virtually no off ramps or exceptions. Online selling will not be immune, with supply chain headaches guaranteed. Inventory rundown is explicitly or implicitly not allowed. By and large the bans apply not only to the enumerated product categories, but also product components. Agency guidance across these states has been sparse. Good luck and happy holidays. #PFAS #STATEBANS #SUPPLYCHAIN #PFASPRODUCTS

In follow up to my post yesterday, today EPA published in the Federal Register a proposed and direct final rule changing the beginning date for reporting under the TSCA 8(a)(7) from November 11, 2024 to July 11, 2025. The deadline for reporting shifts for most reporters to January 11, 2026. The revised rule now states: § 705.20 When to report All information reported to EPA in response to the requirements of this part must be submitted during the applicable submission period. For all reporters submitting information pursuant to §§ 705.15 and 705.18(b) (research and development), the submission period shall begin on July 11, 2025, and last for six months: July 11, 2025, through January 11, 2026. For any reporter who is reporting under this part exclusively pursuant to § 705.18(a) (article importers), and is also considered a small manufacturer under the definition at 40 CFR 704.3, the submission period shall begin on July 11, 2025, and last for 12 months: July 11, 2025, through July 11, 2026. There is one technical correction. EPA says it "is also taking action to correct an inadvertent error in the rulemaking by revising the text ‘‘published study reports’’ under the requirement to submit Organization for the Economic Cooperation and Development’s (OECD) Harmonised Templates (OHTs) to the correct requirement of submitting OHTs for ‘‘unpublished study reports.’’ EPA intended to require OHTs only for unpublished study reports and is correcting the text accordingly.” Opps! This correction occurs at 40 CFR 705.15(f)(1). #PFAS #EPA #TSCA8a7 https://lnkd.in/gPb6m4ds

HOT OFF TOMORROW'S PRESSES - EPA DELAYS TSCA 8(a)(7) PFAS REPORTING RULE DEADLINE (date correction from previous post) Not surprisingly, EPA has announced that in tomorrow’s Federal Register that it will issue a proposed and direct final rule delaying the start of the TSCA 8(a)(7) reporting period from November 1,, 2024 to July 11, 2025. For most reporters, including Agio, the final deadline will be six months thereafter. This does not change any other reporting obligations. Basically, EPA did not have the time, resources and money to meet the original deadline. I am shocked (shocked I say) that the amount of work for EPA to prepare for the reporting and develop a CDX reporting tool came as a surprise. Actually, the blame should fall on Congress for drafting TSCA 8(a)(7) so expansively. While this provides more breathing room, it does not reduce the level of work to meet the requirements. To all those potentially happy reporters hearing this news, I would advise them not to slacken their efforts. hashtag #PFAS #EPA #TSCA8a7 https://lnkd.in/gtM6fE2d

HOT OFF TOMORROW'S PRESSES - EPA DELAYS TSCA 8(a)(7) PFAS REPORTING RULE DEADLINE Not surprisingly, EPA has announced that in tomorrow’s Federal Register that it will issue a proposed and direct final rule delaying the start of the TSCA 8(a)(7) reporting period from November 1,, 2024 to May 11, 2025. For most reporters, including Agio, the final deadline will be six months thereafter. This does not change any other reporting obligations. Basically, EPA did not have the time, resources and money to meet the original deadline. I am shocked (shocked I say) that the amount of work for EPA to prepare for the reporting and develop a CDX reporting tool came as a surprise. Actually, the blame should fall on Congress for drafting TSCA 8(a)(7) so expansively. While this provides more breathing room, it does not reduce the level of work to meet the requirements. To all those potentially happy reporters hearing this news, I would advise them not to slacken your efforts. #PFAS #EPA #TSCA8a7 https://lnkd.in/gtM6fE2d

Latest PFAS info from up north!

PFOS and PFOA Are Now Officially CERCLA Hazardous Substances! In case you missed the flurry of recent law firm and consultant newsletters, internet postings and webinars, EPA’s CERCLA Section 102 designation of PFOS and PFOA as CERCLA hazardous substances became effective last Monday, July 8, 2024. It is either the end of the world, a logical progression or something in between. The hazardous substance designation gives EPA CERCLA enforcement authority to issue orders to require remedial investigations and remediation actions to address releases and threatened releases of PFOS and PFOA. Natural resource trustees can now seek claims for costs and natural resource damages due to PFOS and PFOA. PRPs can seek contribution under CERCLA to recover response costs incurred as a result of PFOS and PFOA. Further, the consideration of the presence or likely presence of PFOS and PFOA will now be within the scope of Phase I Environmental Site Assessment. Finally, any release of PFOS or PFOA within 24-hours great than their reportable quantity must be immediately reported to the National Response Center.  The consequences of the designation may be messy and will take time and litigation to sort out. The practical impact of EPA’s proposed PFOS and PFOA Enforcement Discretion Policy is yet to be determined. One interesting challenge for many of the above post designation outcomes is that PFOS and PFOA are rarely present without other PFAS which have not yet been designated. There are circumstances where PFOS and PFOA may not be present or the dominant PFAS. How regulators, private parties and the court address such mixed presence conditions will be interesting to watch. Litigation has started. The U.S. Chamber of Commerce and two other trade groups have challenged the hazardous substance designation at the DC Circuit.  Stay tuned. #CERCLA #PFAS #PFOS #PFOA #hazardoussubstance #designation

AWWA/AMWA file petition for review of new PFAS rule American Water Works Association and the Association of Metropolitan Water Agencies (AMWA) on June 7 filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit to review U.S. EPA’s Final PFAS Drinking Water Rule. They stated "AWWA and AMWA share EPA’s goal of protecting public health. The associations are concerned, however, that EPA did not rely on the best available science and the most recent occurrence data and used novel approaches as the basis for portions of the rule. The petitioners believe the rule underestimates nationwide costs and adds to affordability challenges without achieving the public health outcomes we all seek." Many would agree with AWWA and AMWA's concern that EPA did not use the best science in setting the PFAS MCLs. It we be interesting to see how the Supreme Court's upcoming decision on the Chevron doctrine may affect the court's deference to the Agency on these MCLs. #AWWA #AMWA #MCLS #PFAS #EPA https://lnkd.in/gkZjKmXk

EPA ISSUES TSCA 8(a)(7) PFAS REPORTING RULE FAQs EPA just issued its PFAS Reporting Rule Frequently Asked Questions guidance. At present, it addresses 74 questions across a range of topics. Although it does not cover every situation, it is very helpful and provides some clarity. One suspects that it will become a living document as EPA gets more and more questions from potential reporters as they wrestle with the real world implications of reporting. From my experience so far, EPA staff have been very responsive to questions about the PFAS Reporting Rule. #PFAS #TSCA8(a)(7) #PFASreporting #EPA #FAQS

The TSCA 8(a)(7) PFAS Reporting Rule Clock is Ticking - 344 Days Left! A gentle, or not so gentle reminder that the reporting window for reporting under the TSCA 8(a)(7) PFAS Reporting Rule opens in 165 day - November 10, 2024 - and closes in 344 days - May 8, 2025. As many companies, especially article reporters, are discovering, the work required to meet the requirements of 40 CFR Part 705 are not trivial. This is a resource intensive effort. The Reporting Rule casts a wide net and thanks to the lack of typical TSCA exemptions, many article importers are learning about TSCA and PFAS for the first time. One might ask, as client recently did, what is the value in knowing how many teflon o-rings have been imported into the US since 2011? I am not sure if there is a good answer and would suggest that they ask the members of the 116th Congress who amended TSCA by adding these requirements within the 2020 NDAA. Congress really put EPA in a bind and limited the Agency's flexibility. As Paulie Walnuts said in the Soprano's, "it is what it is." So watch that calendar! #PFAS #TSCA8(a)(7) #PFASreporting #EPA https://lnkd.in/eaHcucBp

It's Official - EPA Publishes PFAS MCLs in Today's Federal Register On Friday, April 26, EPA published its final National Primary Drinking Water Regulations for six PFAS. Through this action, the EPA is finalizing MCLGs for PFOA and PFOS at zero. Considering feasibility, the EPA is promulgating individual Maximum Contaminant Levels (MCLs) for PFOA and PFOS at 4.0 nanograms per liter (ng/L) or parts per trillion (ppt). The EPA is also finalizing individual MCLGs and is promulgating individual MCLs for PFHxS, PFNA, and HFPO–DA at 10 ng/ L. In addition to the individual MCLs for PFHxS, PFNA, and HFPO–DA, in consideration of the known toxic effects, dose additive health concerns and occurrence and likely co-occurrence in drinking water of these three PFAS, as well as PFBS, the EPA is finalizing a Hazard Index (HI) of 1 (unitless) as the MCLG and MCL for any mixture containing two or more of PFHxS, PFNA, HFPO–DA, and PFBS. The final rule is effective on June 25, 2024. #PFAS #EPA #drinkingwater #PFOS #PFOA #PFBS #PFNA #MCLs #PFHxS #HFPODA #GenX https://lnkd.in/g5CRjTND