Proposed EPA Rule Will Eliminate De Minimis Exemptions for PFAS and All Chemicals of Special Concern Under EPCRA

On December 5, 2022, the U.S. Environmental Protection Agency published a proposed rule to add all per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act to the list of chemicals of special concern. The addition of PFAS to the list of chemicals of special concern will subject them to the same, more burdensome reporting requirements as other chemicals of special concern, including eliminating availability of the de minimis exemption for purposes of calculating reporting thresholds.

Read the full story on the Duane Morris LLP website.

PFAS

Per- and Polyfluoroalkyl substances (PFAS), sometimes called “forever chemicals,” are rising in public awareness, government regulation and related litigation. Companies that currently use or historically used or manufactured products containing PFAS are subject to increasing regulation and potential liability associated with the use, the impact on the environment, reporting and disposal of PFAS. Duane Morris’ dedicated group of professionals monitor, analyze and counsel clients on various aspects of PFAS, including companies who are developing technology to capture and eradicate PFAS from water and solids.