Industry Eyeing EPA’s Hustle to Control ‘Forever Chemicals’

March 30, 2021

Read the full article by Pat Rizzuto (Bloomberg Law)

"Industry attorneys say they’re bracing for a wave of corporate liability and litigation as the Biden administration works swiftly to fulfill a campaign promise to control “forever chemicals.”

The Environmental Protection Agency this month announced it’s working on three water-related regulations for per- and polyfluoroalkyl substances, or PFAS. It sent a fourth chemical data-collection proposal to the Office of Management and Budget, or OMB, for approval.

In the near future, the agency is likely to list some or all PFAS as hazardous waste, triggering cleanups and financial obligations for companies nationwide, attorneys counseling chemical and other manufacturers said.

One of the the four regulations the EPA announced would provide a needed, national drinking water limit for two PFAS, said Robert J. Simon, a vice president at the American Chemistry Council. He said the others would help the agency determine whether controls are needed for additional PFAS, and when."