ARTICLE
22 April 2022

Uncertainty Abounds As EPA Works To Reach Any Of The Destinations On Its PFAS Road Map But States Press On

M
Mintz

Contributor

Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
Inside EPA reports today on the concerns of water suppliers needing to remove PFAS from drinking water.
United States Environment

Inside EPA  reports today on the concerns of water suppliers needing to remove PFAS from drinking water.

Among other things, PFAS removal results in residuals, or what you and I might call sludge, that won't be going the places that it has gone because of the PFAS present in the sludge.  See, for example, the report on the new Maine biosolid ban earlier this week, https://www.jdsupra.com/legalnews/no-more-biosolids-in-maine-4721268.

All of the alternatives are expensive.  So, as Inside EPA reports, members of the National Drinking Water Advisory Council (NDWAC) are looking to EPA to tell them what they're going to be required to do to address PFAS in their water, and the residuals from that treatment, and who is going to pay for it.

Although it has been a year and a half since EPA released its ambitious and wide-ranging plan for addressing PFAS, EPA is still working on the answers to these and many, many other complicated questions relating to the continued presence of PFAS in commerce and the inevitable releases of those PFAS into the environment.

I don't mean to suggest that EPA isn't working as fast as it can.   And it is hardly surprising that it is taking EPA longer to get to the first destinations on its PFAS Road Map than it may have hoped.

But, in the meantime, individual States continue to act.  Just two examples are the Maine biosolid ban and the report of a Massachusetts Legislative Task Force yesterday presenting dozens of recommendations about what Massachusetts should do about PFAS.  See https://www.bostonglobe.com/2022/04/20/science/state-task-force-recommends-mass-do-more-crack-down-pfas.

For decades Federal law has provided one uniform answer to questions about drinking water quality, the remediation of hazardous substances in the environment, and the disposal of hazardous wastes.   Eventually we'll have such uniform answers to these questions relating to at least many PFAS.  In the meantime, the absence of uniform answers will continue to mean more confusion and more litigation.

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