In October 2023, major updates were made to the regulation of per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” with the United States Environmental Protection Agency (EPA) finalising two distinct but related rulemakings. This evolving regulatory landscape warrants the attention of legal professionals, particularly those working with corporations involved in industries where these substances are prevalent.
The first rulemaking, enacted under the authority of the Toxic Substances Control Act (TSCA), and the second one under the Emergency Planning and Community Right to Know Act (EPCRA), both target the broader issue of PFAS regulation. Although distinct, these rulemakings carry the same aim of strengthening the legislation around PFAS, a set of substances known for their resilience and environmental persistence, hence the colloquial moniker of “forever chemicals”.
While specifics of the rulemakings were not detailed in the initial announcement, their potential impact upon a multitude of industries is clear. PFAS have applications in various sectors, including textile, aerospace, and automotive among others. Therefore, legal counsel managing portfolios in these fields should anticipate potential adjustments to compliance procedures and perhaps even operational shifts to meet the new requirements set forth by the updated regulations.
In addition, legal professionals in the sector should consider the potential for increased criminal and civil liability that could arise from non-compliance with these new regulations, as well as increased public and environmental scrutiny.
For further details on these rulemakings, please refer to the original update by Polsinelli, available here.