December 3, 2021

Volume XI, Number 337

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A New Layer to EPA's PFAS Roadmap

Yesterday EPA announced a new layer to EPA's PFAS roadmap unveiled only last week.  Now four of the hundreds of chemicals collectively known as PFAS will eventually be regulated as hazardous waste under RCRA in response to a petition by the New Mexico Governor.

This means that states delegated authority to implement RCRA (of which there are many) will ultimately be able to take the lead under federal law in addressing PFAS contamination in those states.

I guess that could matter in states that don't already have state law authority to regulate PFAS but, as we know, many states have already acted under such state laws and will continue to do so while EPA continues to sort out how and when the federal laws identified its PFAS road map will apply.

Those who are concerned that the federal PFAS roadmap is going to take too long to get to its destinations are unlikely to be happier in the near term despite this new additional layer.

Whether different states are proceeding under different state laws (and standards) or federal law, how PFAS are addressed is going to continue to differ based on where you live for many months, if not years. 

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 300
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About this Author

Jeffrey R. Porter, Environmental Attorney, Mintz Levin, Risk Analysis Lawyer
Member

Jeff leads the firm’s Environmental Law Practice. He is also a member of the firm’s Policy Committee. For 23 years, he has advised clients regarding complex environmental regulatory compliance and permitting issues, including issues relating to air and water discharges and hazardous waste storage and disposal. In 2011 and 2012, the firm received the Acquisition International Legal Award for “US Environmental Law Firm of the Year.” The awards celebrate excellence and reward firms, teams and individuals for their contribution to client service, innovation and commitment to quality.

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