PFAS Regulation, Compliance and Litigation

Our esteemed co-chairs will set the stage for the conference with a high-level exploration of the most significant policy initiatives, regulatory movements, and litigation developments in the realm of PFAS to date.

In our opening session, the EPA will share insights on the latest strides being taken by the Office of Enforcement and Compliance Assurance to implement the agency’s PFAS Strategic Roadmap. They will provide key updates on what the OECA has been doing to address PFAS exposure as part of the agency’s National Enforcement and Compliance Initiatives, and what is next on the horizon.

The EPA has estimated that their final rule designating PFAS as hazardous substance will be coming in February 2024. This CERCLA designation will have critical implications for manufacturers of PFAS and PFAS-containing products, owners/operators of properties or facilities where PFAS was released or disposed, and other various entities. This panel will closely examine topics including:

• Analyzing the EPA’s final rule designating PFAS as a “hazardous substance” under CERCLA
• Examining the status of the final rule, projected timelines and Congressional responses
• Assessing the implications of a CERCLA designation for owners/operators of properties or facilities where PFAS chemicals were released or disposed
• Understanding the full scope of liability implications for “Potentially Responsible Parties” (PRPs), including:
  • Manufacturers and importers of PFAS chemicals
  • Businesses that use or manufacture products containing PFAS
  • Entities that have generated, transported or arranged for the disposal of PFAS chemicals
  • Waste management and wastewater facilities that treat PFAS contamination
• Assessing the circumstances under which “Potentially Responsible Parties” may be found responsible under CERCLA and potential ways to minimize liability

• Examining the new Final Rule requiring the reporting of PFAS data to the EPA
• Addressing the full scope of the inventory, recordkeeping and reporting requirements for companies that have manufactured or imported PFAS or PFAS-containing products since 2011
• Navigating the challenges of obtaining and reporting accurate information pertaining to: chemical identity, uses, volumes made and processed, byproducts emitted, environmental and health effects, worker exposure, and disposal to EPA
• Examining the 41 new additional PFAS chemicals that the final rule identifies as concerning and deems subject to the new reporting requirements
• Understanding EPA’s newly released framework for addressing “new and new uses of PFAS” under the TSCA

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are now being impacted by laws regulating PFAS, with over 100 PFAS-related regulatory policies in place across nearly 25 U.S. states. The dangers for these companies continue to escalate as states are creating new and inconsistent laws, and the penalties and litigation risks for non-compliance can be substantial. This panel will analyze:

• The most critical state-by-state PFAS laws to be aware of, including those relating to:
  • PFAS in packaging, containers and food wrappers
  • PFAS in cosmetics
  • Product labeling and disclosures
  • Bans on the intentional addition of PFAS
  • Thresholds for the unintentional addition of PFAS
• Navigating discrepancies in state PFAS testing standards, compliance timelines and penalties for non-compliance
• Strategies for developing a cross-state PFAS compliance strategy

While PFOA and PFOS are the two most widely used PFAS, there are thousands of other PFAS chemicals present throughout the United States. What’s more, the EPA has indicated its intention to add additional PFAS chemicals to the CERCLA hazardous substances list. This panel will reconcile the vast universe of Per- and Polyfluoroalkyl Substances and forecast which may be the next target for regulation and litigation.