PFAS – Synergy Environmental Inc

EPA Dips Toes Into PFAS Drinking Water

Posted on May 22, 2019

Manatt Phelps & Phillips LLP
Jeffrey J. Davidson, David L. McGrath and Craig A. Moyer

April 30, 2019

On April 25, 2019, the U.S. Environmental Protection Agency (EPA) released its Draft Interim Recommendations to Address Groundwater Contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS) for public review and comment. The comment period ends on June 10, 2019.

PFOA and PFOS are two substances within the much larger group of per- and polyfluoroalkyl substances (PFAS), man-made chemicals that historically were widely used and presently are used across the country every day in a wide array of consumer and industrial products. Water resources known to have been contaminated by PFOA and PFOS are associated with releases from manufacturing sites, industrial sites, fire/crash training areas, and industrial or municipal waste sites where products are disposed of or applied. PFAS are highly resistant to degradation and are extremely persistent in the environment as well as in organisms, including human beings.

Just In Case You Wondered Whether PFAS Are Really A Big Deal

Posted on April 18, 2019

Foley Hoag LLP
Seth D. Jaffe

April 8, 2019

If you were thinking that PFAS were important, but you’ve been unsure just how big a deal they are, you need look no further than the Statewide PFAS Directive issued by the New Jersey Department of Environmental Protection. Some of my colleagues in New Jersey may correct me, but I think that the Directive may be the most wide-ranging order I’ve ever seen issued by an environmental agency. (And I know that NJDEP denies that the Directive is in fact an “order.” Can you say “walks like a duck”?)

The Directive represents NJDEP’s attempt to frame a comprehensive approach towards the contamination resulting from the use of PFAS in New Jersey. That’s all well and good. Nonetheless, it’s not obvious that significant concerns about PFAS are enough to justify this Directive. Here are some of the provisions that might give one pause.

PFAS UPDATE – EPA’s Action Plan and PFAS Plans for Other States

Posted on March 26, 2019

Synergy Environmental, Inc.
David Robinson, Chris Horan, Brian Loughnane, Brink Young

March 21, 2019

In February, The U.S. Environmental Protection Agency (EPA) announced a new action plan to address a group of emerging contaminants know as per-and polyfluoroalkyl substances (PFAS).

This Action Plan describes the EPA’s approach to identifying and understanding PFAS; understanding current PFAS contamination, preventing future contamination and communicating with the public about PFAS.

Pennsylvania’s First PFAS Advisory Meeting Summary

Posted on January 24, 2019

Synergy Environmental, Inc.
Brian Loughnane, P.G
Bloughna@synergyenvinc.com

January 8, 2019

Much is being discussed in the news throughout Pennsylvania about Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS), which are part of a larger group of chemicals referred to as perfluoroalkyl substances (PFAS). Concern exists about their release into the environment, their health effects and efforts needed to remediate PFAS. To help Pennsylvania residents learn more about PFAS, and to receive input from representatives of government, industry and advocacy groups, the Wolf Administration held its first public meeting of its multi-agency PFAS Action Team Friday, during November 30, 2018.

PADEP PFAS Action Team – 2018

PFAS – Let’s Let the Science Catch Up

Posted on December 19, 2018

Hunton Andrews Kurth LLP
Daniel J. Grucza

December 10, 2018

Because of their widespread environmental presence, persistence and bioaccumulation, the group of substances known as PFAS have been described as a “Perfect Storm” of liability. The number of plaintiff’s suits concerning PFAS have spiked in the last few years. Also, EPA faces increasing bipartisan calls from Congress to adopt new drinking water standards and cleanup levels. In the interim, states are filling the void. In October 2017, the New Jersey Department of Environmental Protection announced a maximum contaminant level (MCL) of 14 parts per trillion for PFOA. Some NGO’s have called for levels as low as 1 part per trillion.

EPA Extends Deadline For PFAS Comments To September 28, 2018

Posted on September 24, 2018

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.

New Jersey Continues to Lead the Regulation of PFAS

Posted on September 24, 2018

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).

Latest PFAS Developments

Posted on July 24, 2018

Holland & Knight
Dianne Phillips and Deborah E. Barnard

July 3, 2018

On June 19, 2018, the Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup (BWSC) issued its Interim Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan (MCP Guidance). This follows the June 8, 2018 guidance, Final Recommendations for Interim Toxicity and Drinking Water Guidance Values for Perfluorinated Alkyl Substances Included in the Unregulated Chemical Monitoring Rule 3 (Drinking Water Guidance), from the DEP Office of Research and Standards (ORS). These documents were the result of an effort across DEP programs, which began in February 2018, to address the lack of enforceable federal standards for per- and polyfluoroalkyl substances (PFAS) in drinking water.

PFAS: Pruitt Declares EPA will “Take Action” and Sets Four “Critical Steps” in Motion

Posted on June 19, 2018

DLA Piper
Adam Baas, George Gigounas and John E. Griffith, Jr.

May 23, 2018

The US Environmental Protection Agency (EPA) has begun its two-day National Leadership Summit in Washington, DC to address Per- and Polyfluoroalkyl Substances (PFAS) – a class of man-made chemicals that have been used since the 1950s in the production of a wide range of products that resist heat, stains, grease and water, including furniture protectants, floor wax, food packaging and firefighting foam.

The intent of the Summit, according to EPA Director Scott Pruitt, is to “bring together stakeholders from across the country to build on the steps we are already taking and to identify immediate actions to protect public health.”

The Summit attendees include representatives of 30+ states, 20+ agencies, 3 tribes, and dozens of industry and NGO entities.

DEC Undertaking Statewide PFAS Evaluation at Remediation Sites

Posted on April 19, 2018

Phillips Lytle LLP
David P. Flynn and Luke Donigan

April 3, 2018

The New York State Department of Environmental Conservation (“DEC”) is requiring owners of remediation sites across the State (including those already remediated to DEC’s satisfaction) to analyze and report on the presence of 1,4-dioxane and per- and polyfluoroalkyl substances (collectively “PFAS”) in groundwater. This has been triggered by concerns about these “emerging contaminants” at Hoosick Falls and other sites across the State. DEC has begun to send letters to many remediation site owners notifying them of the new statewide evaluation requirements and asking site owners to schedule sampling dates.