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EPA Will Propose First-Ever Limits On PFAS Discharges

EPA Will Propose First-Ever Limits On PFAS Discharges
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Wrap-Up of Federal and State Chemical Regulatory Developments, September 2021 | Bergeson & Campbell, P C

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2021 | Bergeson & Campbell, P C
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EPA Has Completed Some PFAS Regulatory Actions

Tuesday, March 2, 2021 On March 1, 2021, the U.S. Government Accountability Office (GAO) publicly released a report entitled  Per- and Polyfluoroalkyl Substances (PFAS) Action Plan.  GAO found that EPA completed three of six selected regulatory-related actions for addressing PFAS outlined in the  PFAS Action Plan.  For two of the three completed actions, the steps EPA took were also in response to the National Defense Authorization Act for fiscal year 2020 (FY20 NDAA): After proposing a supplemental significant new use rule (SNUR) in February 2020, EPA met a June 2020 deadline set in the FY20 NDAA when the EPA Administrator signed the final rule.  Among other things, under the final rule, articles containing certain PFAS as a surface coating, and carpet containing certain PFAS, can no longer be imported into the United States without EPA review; and

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2021 | Bergeson & Campbell, P C

TSCA/FIFRA/TRI EPA Seeks Comments On Draft Compliance Guide Addressing Surface Coatings Under PFAS SNUR: On December 16, 2020, the U.S. Environmental Protection Agency (EPA) announced the availability of a draft compliance guide that outlines which imported articles are covered by EPA’s July 2020 final significant new use rule (SNUR) that prohibits companies from manufacturing, importing, processing, or using certain long-chain per- and polyfluoroalkyl substances (PFAS) without prior EPA review and approval. 85 Fed. Reg. 81466. The draft guide provides additional clarity on what is meant by a “surface coating,” identifies which entities are regulated, describes the activities that are required or prohibited, and summarizes the notification requirements of the final SNUR. More information on the draft compliance guide is available in our December 14, 2020, memorandum, “EPA Publishes Draft Compliance Guide Addressing Surface Coatings under PFAS SNUR.” Comments on the draft g

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