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Vermont Legislature Passes Bill That Would Impose Strict PFAS Limits

The Vermont State legislature has enacted a bill designed to set strict limits on the presence of perfluorinated alkylated substances (PFAS) in drinking water. The bill, S. 49, which cleared the Vermont House and Senate within the last week and is expected to be signed into law by the governor, would require public water systems to monitor their water supplies in an effort to ensure that they do not exceed a combined limit of 20 parts per trillion (ppt) for five PFAS compounds: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and perfluoroheptanoic acid (PFHpA). The bill also directs the Secretary of Natural Resources to take additional steps to tighten controls over PFAS in Vermont water supplies. 

Under the bill, if any regulated PFAS contaminants are present, individually or in combination, in a public waters system (PWS) in excess of 20 ppt, the PWS must:

  • Implement treatment or other measures to reduce the regulated PFAS contaminants to levels below the advisory level (20 ppt).
  • Issue a “do not drink” notice to all users of the public water system until the regulated PFAS contaminants are below the advisory level.

In addition, the bill requires the Secretary of Natural Resources to:

  • Issue a final proposed rule establishing a maximum contaminant level (MCL) for the five regulated PFAS compounds.
  • Initiate a rulemaking process to solicit public comments regarding the potential regulation of a wider array of PFAS compounds as a class or sub-classes.
  • Undertake a rulemaking process for the adoption of surface water quality standards for PFAS compounds.
  • Publish a plan, subject to public review and comment, to complete a statewide investigation of potential sources of PFAS contamination.
  • Submit a report regarding the management at landfills of leachate containing contaminants of emerging concern (CECs), including recommendations for treatment of CECs in leachate from landfills.
© 2020 Beveridge & Diamond PC National Law Review, Volume IX, Number 121

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About this Author

Nessa Coppinger Environmental Attorney Beveridge & Diamond Washington, DC
Principal

Nessa focuses her practice on complex environmental litigation, including multi-district litigation and multi-party product liability.

Clients rely on Nessa to help them solve their most complicated, expensive, and intractable problems. She has led significant trial court and appellate matters, including federal appeals, to a successful conclusion. She has experience with a range of high-stakes litigation, including mass environmental claims, coordinated litigation with federal government entities, class action, and single-party litigation. Nessa also counsels on and litigates...

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Daniel M. Krainin Environmental Litigation Attorney Beveridge & Diamond New York, NY
Principal

Dan deploys more than two decades of environmental litigation experience to resolve clients’ legal and business challenges.

Primarily focused on environmental and toxic tort litigation, Dan helps clients successfully resolve groundwater contamination, hazardous waste site remediation, natural resource damages, permit defense and product-related matters. He enjoys using his skills as a litigator to help clients solve environmental problems.

Among his many wins, Dan successfully led a team that defeated an emergency challenge to a permit that Dan’s client needed to continue its operations. The favorable result that Dan and his team achieved allowed the client to avoid losing millions of dollars’ worth of production.

In a toxic tort case involving an alleged international conspiracy, Dan led a successful briefing effort that resulted in early dismissal of all claims against his clients, saving them from protracted litigation and protecting their reputation.

While focusing his practice on litigation, Dan also provides practical and actionable advice designed to minimize environmental risk and potential liabilities. 

An active member of various bar associations, Dan is a past chair of the American Bar Association’s Environmental Litigation and Toxic Torts Committee, and currently co-chairs the New York State Bar Association Environment Section’s Toxic Torts Committee. Dan has also served as a member of the firm’s Management Committee.

Before joining Beveridge & Diamond, Dan clerked for The Honorable Carlos R. Moreno, U.S. District Judge for the Central District of California. Prior to attending law school, Dan served as editor-in-chief of the environmental news service Greenwire.

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