As of January 1, 2020, companies have new obligations to report releases of per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) based on the National Defense Authorization Act (NDAA) for Reporting Year 2020. The NDAA added reporting obligations for 172 individual PFAS chemicals. This potentially impacts any company using any of these PFAS chemicals in their processes, including use of PFAS-containing firefighting foam for training and/or actual fire suppression. This webinar will address this change and also review recent updates to the general regulatory landscape for PFAS issues and practice pointers for TRI enforcement and voluntary disclosures to reduce liability.
The Environmental Protection Agency (EPA or Agency) has proposed new regulations to establish a transparent process for issuing future interpretive guidance documents. “Guidance” generally refers to memoranda, letters, bulletins or “frequently asked questions” Web pages that clarify EPA interpretations of regulations or Agency-administered programs and assist regulated entities with regulatory compliance. Historically, EPA has not issued guidance through an Administrative Procedure Act notice-and-comment process. Accordingly, courts have generally found that interpretive guidance is not legally binding in the same way as a promulgated and codified regulation. However, EPA does expect that regulated entities be familiar with interpretive guidance, and the public has not had a clear mechanism to challenge these documents.