APWA Government Affairs’ Post

Managing PFAS liability risks just got more complicated. The EPA has a new hazardous substances designation for PFOS and PFOA under CERCLA, as well as new MCLs for six PFAS compounds. What does all this mean for your organization? Get answers in our complimentary webinar, “How New EPA Rules Change PFAS Liability Risks,” hosted by my colleagues here at Exponent. It takes place Thursday, May 30, 2024, from 10 – 11:30 a.m. PDT. Register here: https://lnkd.in/e4TBjeUu #Exponent #PFAS #EPA

📣❗ NEW #PFAS NEWS! Did you hear? EPA recently announced a newly finalized rule that represents a step towards the nationwide reduction of PFAS contamination. Two widely used PFAS chemicals; PFOA PFOS, will be designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Read more on our breakdown of this rule, next steps, and who will be impacted: https://bit.ly/3WfFH5C

Managing PFAS liability risks just got more complicated. The EPA has a new hazardous substances designation for PFOS and PFOA under CERCLA, as well as new MCLs for six PFAS compounds. What does all this mean for your organization? Get answers in our complimentary webinar, “How New EPA Rules Change PFAS Liability Risks,” hosted by my colleagues here at Exponent. It takes place Thursday, May 30, 2024, from 10 – 11:30 a.m. PDT.   Register here: https://lnkd.in/eD_6kKvm   #Exponent #PFAS #EPA  

On April 19, the U.S. EPA finalized a new rule designating two widely used PFAS chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund. Attorney Martin Siegel explains what this means for major chemical manufacturers and users of these substances in our latest alert at the link: https://lnkd.in/e4BSuzt3

Our latest Trending Topic covers the impact of PFAS “forever chemicals”. The future implications of PFAS for insurance companies are becoming increasingly significant as claims for environmental contamination and exposure harm increase. PFAS litigation is gaining traction globally, and it is likely legal action will continue to evolve and play a role in shaping policy and public health responses to these persistent chemicals. Liberty’s Casualty Risk Engineers have studied and tracked PFAS since it emerged as a problem. Angelo Maniatis highlights what we currently know about these chemicals, and how legislation, regulation and litigation is unfolding around the world. View Liberty's PFAS experience at https://lnkd.in/g_VWt8zw

"My client does NOT have a Pollution exposure" Over the years I have shared numerous articles on the emerging exposure that is the "Forever Chemicals - PFAS" as we tried to better understand its presence and longer-term impact on both the environment and health. Liberty's Head of Risk Engineering Angelo Maniatis and his team have now gone one step further and put together this excellent insight to unravel the mystery of PFAS and what this exposure more broadly means. Liberty Specialty Markets (Asia Pacific) Liberty Mutual Insurance Liberty Specialty Markets Liberty Mutual Global Risk Solutions Ironshore Insurance Steadfast Group Limited National Insurance Brokers Association (NIBA) #pollution #pollutioninsurance #environmentalliability #environmentaldamage #myclientdoesnothaveapollutionexposure #PFAS #insurance #insurancebroker #insuranceinsight #environmentalimpairmentliability #liberty #riskengineer #contamination #emergingexposure #pollutants #foreverchemicals #companydirector #insurancesolutions #claims #health #remediation #safety

Good insight for up-to-date PFAS research, origin, and their risk. Nowadays PFAS becomes an exclusion.

Insurers beware---Superfund is baaack! On April 19 the EPA designated the two most prevalent PFAS compounds as hazardous materials under CERCLA (Comprehensive Environmental Response, Compensation and Liability Act, better known as Superfund). This makes it easier for the EPA to force polluters to clean up sites, but it also raises complicated issues about determining who is responsible. This action was not a surprise as the agency originally laid out this plan in its “2021 PFAS Strategic Roadmap.” This was the agency’s second recent PFAS action as on April 10 it established the first Federal drinking water standard. Once a chemical is listed as a “hazardous substance,” the EPA has the authority to order potentially responsible parties to clean up contaminated sites with the cost is being borne by those deemed liable. As an alternative, the EPA can clean up the site and seek reimbursement from those deemed responsible. These can be current or former owners or operators of a site. Because the liability is joint and several even those with minimal involvement can be held fully responsible. We presume most insurers have had PFAS on their radar screens for some time and have been analyzing their potential involvement. As insurers have learned from prior Superfund experiences, the designation of an entity as a potentially responsible party generates considerable uncertainty regarding the apportionment of costs. Expect a new wave of litigation and claims. #insurance#PFAS#EPA

With perhaps (heavy emphasis on this word!) one week to go for the EPA to finalize significant PFAS legislation, the recent CERCLA exemptions hearing was telling insofar as it was clear that bipartisan consensus has not yet been reached for the various industries seeking exemptions. For more about the hearing and the CERCLA impact from a PFAS designation, please see below...

Southern City 2024 Issue 3 discusses the new EPA rules on PFAS regulation as North Carolina debates who should bear cleanup costs. NCLM urges Congress for liability protection and funding, as state legislation targets PFAS manufacturers for remediation costs. Read more here: