EPA officials are promising to propose a threshold determination on whether to set drinking water standards for two of the most common per- and polyfluoroalkyl substances (PFAS) but are leaving the door open to the possibility that they may choose not to regulate the chemicals, an approach that is sparking widespread criticism.
EPA is set to announce that it will continue to weigh whether to set an enforceable drinking water standard for two per- or polyfluoroalkyl substances (PFAS), a step that will likely address widespread concerns that the agency had decided not to proceed with such an approach though any final determination is likely still months or years away.
EPA and environmentalists are pushing competing interpretations of the appellate order that scrapped key exemptions in the Obama-era coal ash disposal rule for being too weak, as both sides seek a new decision from the court on whether it meant to order the immediate closure of disposal sites that cannot meet the rule without the waivers.
Acting EPA Administrator Andrew Wheeler is declining to reveal to senators whether the agency will certify the Hudson River cleanup as complete despite continued calls from stakeholders for more remediation, although Wheeler is underscoring such a declaration would have a limited purview and says reopening the cleanup to add requirements is within EPA's authorities.
Legal experts say if EPA follows through on an expected plan to list two commonly found per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Superfund law, it would trigger Superfund liability for releases of the chemicals and likely aid plaintiffs' PFAS tort cases, but it would also still leave communities without a national, uniform cleanup standard.
The Air Force is disputing Michigan's allegation the military violated a state water quality standard for a perfluorinated compound at a former military base, in part contending the state lacks jurisdiction because the substance at issue is not a “hazardous substance” under the federal Superfund law.
Both Ohio and New York say their litigation against the manufacturers of perfluorinated chemicals used in fire-fighting foam should be separated from consolidated multidistrict litigation.
EPA is proposing new compliance initiatives (NCIs) for fiscal years 2020-2023 that include eliminating the agency’s priority on enforcing the Clean Air Act new source review (NSR) permit program, while adding new priorities on noncompliance with drinking water standards and reducing children’s exposures to lead.
Acting EPA chief Andrew Wheeler is allowing Obama-era appointees to the Science Advisory Board (SAB) to serve a second term, a change from his predecessor's policy that limited such re-appointments, though Wheeler is continuing to bar scientists who receive agency grants from serving and also named some controversial new SAB picks.
The Association of Plastic Recyclers study comes as a pair of new policies from China have significantly hampered local recycling programs in recent months.
