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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Environmental

Date & Time
  • event Date

    Tuesday, September 20, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will advise environmental counsel on the new EPA rules related to per- and polyfluoroalkyl substances (PFAS) and safe drinking water standards. The panel will discuss how the reclassification of these chemicals as hazardous substances will affect those standards, regional screening levels, and the need for future remediation to remove PFAS from water sources.

Faculty

Cynthia M. Teel
Partner
Lathrop GPM

Ms. Teel advises clients on environmental issues that arise in the litigation, transactional, and regulatory contexts. She has extensive knowledge of state and federal requirements, particularly as they relate to landfills/solid waste, hazardous substances, agriculture, and oil and gas. Ms. Teel has represented clients in environmental negotiations/enforcement actions with federal and state agencies and assisted with litigation of environmental claims in administrative, state, and federal courts, including Superfund and odor nuisance class actions. She regularly analyzes real estate deals and tax credit projects for environmental risks and provides strategies for minimizing those risks. Recent regulatory experience includes a focus on emerging contaminants such as PFAS and dealing with technologically enhanced naturally occurring radioactive materials (TENORM).

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Stephanie R. Feingold
Partner
Morgan, Lewis & Bockius LLP

Ms. Feingold represents clients in litigation and dispute resolution with a focus on environmental issues and provides environmental and regulatory counseling. Her work spans investigations, cost recovery and contribution actions, and enforcement actions brought by and against environmental agencies and government authorities, as well as private party actions, under both federal and state environmental laws. Ms. Feingold defends major corporations and businesses in toxic tort actions, commercial litigation, and product liability litigation. She also counsels clients in matters involving drinking water contamination and emerging contaminants, including per- and polyfluoroalkyl substances (PFAS) and 1,4-dioxane. Ms. Feingold also works with potentially responsible parties in connection with contaminated sites, including working closely with consultants and experts, and negotiating with regulatory agencies.

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Description

On June 15, 2022, the EPA released significantly reduced lifetime drinking water health advisory levels (HALs) for four PFAS under its Safe Drinking Water Act authority. Lifetime HALs identify the concentration of chemicals in drinking water over an individual's lifetime at or below which adverse health effects are not anticipated.

While HALs are not enforceable standards and are non-regulatory, they are often used in developing drinking water regulations and limits, influence state and local regulations, and shape the public debate around the safety of particular chemicals.

The EPA's newly announced HALs will impact the development of future federal and state regulation, affect the identification and cleanup of contaminated sites, foreshadow potential litigation trends, and signal to industries that are dealing with PFAS of the EPA's possible approach to future regulation and guidance. The updated advisories for PFOA and PFOS are orders of magnitude lower than those identified by EPA in 2016. Its HALs for GenX and PFBS reflect EPA's intent to address potential PFAS exposure aggressively.

The newly announced HALs may galvanize the push for more stringent cleanup requirements across the country while also acting as a springboard for stricter enforcement at the state level. Because HALs (both interim and final) are not enforceable standards, they would not be considered Applicable or Relevant and Appropriate Requirements (ARARs) under CERCLA. Still, they may be referenced as "TBC" (to be considered), similar to a guidance document.

Listen as our expert panel discusses the effect of these new HALs and how this step of the PFAS Roadmap shapes what is likely to come in the future regarding regulating forever chemicals.

Outline

  1. PFAS
    1. History of regulation
    2. Biden PFAS roadmap
      1. New health advisory levels
        1. Regional screening levels
        2. Remediation levels
        3. CERCLA liability
    3. Future regulation

Benefits

The panel will discuss these and other key topics:

  • What are the current health advisory levels for PFAS?
  • How are HALs standards considered in CERCLA litigation?
  • What is the future of PFAS regulation?