EPA contractors

EPA Extends Deadline For PFAS Comments To September 28, 2018

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Holland & Knight
Dianne Phillips and Deborah E. Barnard

September 9, 2018

In the wake of the PFAS National Leadership Summit convened by the U.S. Environmental Protection Agency (EPA) on May 22-23, 2018, EPA opened a public docket to solicit comments on per- and polyfluoroalkyl substances (PFAS), a category of man-made chemicals that have been widely used to make products because of their stain-resistant, waterproof and/or nonstick properties. Specifically, EPA seeks to obtain information on ongoing efforts to characterize risks from PFAS, as well as develop monitoring and treatment and cleanup techniques, to inform near-term actions needed to address challenges currently facing states and local communities, and to develop risk communication strategies to address public concerns with PFAS. The original comment deadline of July 20, 2018 was recently extended to Sept. 28, 2018.

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LSRP Corner: Capping of Volatile Contaminants for the Impact to Groundwater Pathway

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Synergy Environmental, Inc.
Dennis Libenson, LSRP

September 18, 2018

The New Jersey Department of Environmental Protection (NJDEP) Soil Remediation Standards addresses the soil to groundwater pathway in unsaturated soils (i.e., the vadose zone) by providing Default Impact to Groundwater Soil Screening Levels, along with several options for establishing site-specific Impact to Groundwater Soil Remediation Standards. The NJDEP also issued guidance regarding compliance and/or remediation options to address the contamination.  One such option is the installation of a low-permeability cap to prevent migration to groundwater.

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New Jersey Continues to Lead the Regulation of PFAS

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Manko Gold Katcher & Fox
John F. Gullace and Darryl D. Borrelli

September 11, 2018

While the Federal Government continues to debate whether and how to regulate per- and polyfluoroalkyl substances (“PFAS”), New Jersey continues to lead the charge to regulate these substances. On September 4, 2018, the New Jersey Department of Environmental Protection (“NJDEP”) “adopted amendments to the New Jersey Safe Drinking Water Act (SDWA) rules … to establish … a maximum contaminant level (MCL) for perfluorononanoic acid (PFNA) of 0.013 micrograms per liter (ug/l) … .” (or 13 parts per trillion).

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For a Clean Slate, Don’t Forget About EPA’s Audit Policy

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Kelley Drye & Warren LLP
Joseph J. Green

September 13, 2018

After almost a decade of neglect, EPA is once again actively encouraging facilities to utilize the agency’s Audit Policy to “address noncompliance in an efficient and timely manner.” Over the last several months, EPA has taken steps to promote use of the “e-Disclosure” system and to remind regulated entities of the benefits of the Audit Policy, which allows for substantial (near 100% in many cases) penalty reductions for violations that are self-disclosed and promptly corrected.

In announcing the launch of the new campaign on May 15th, EPA declared the agency’s “renewed emphasis on encouraging regulated entities to voluntarily discover, promptly disclose, expeditiously correct, and take steps to prevent recurrence of environmental violations.” This renewed emphasis is consistent with the current EPA’s focus on improving compliance through mechanisms, including voluntary self-correction, that achieve environmental goals more quickly and in a less costly, adversarial and time-consuming manner than traditional enforcement means.

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Potential Parent Company Liability Under CERCLA Based on Shared Services Model

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Jones Day
Jane Borthwick Story and Mary Beth Deemer

September 12, 2018

In Short

The Situation: At least one court since Bestfoods has held that an organizational model whereby a parent company provides shared or centralized services to subsidiaries can result in direct liability for the parent company under CERCLA.

The Result: Parent companies may face direct liability under CERCLA depending on the structure of their shared services models.

Looking Ahead: Companies may want to consider how the structure of their shared services practices may impact their potential CERCLA liability.

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