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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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In December 2023, the United States Environmental Protection Agency (EPA) released its <a href="https://www.epa.gov/system/files/documents/2023-12/epas-pfas-strategic-roadmap-dec-2023508v2.pdf" target="_blank" rel="noreferrer noopener">PFAS Strategic Roadmap: Second Annual Progress Report</a> (PFAS Progress Report), touting the extensive actions it took during the year to address per- and poly-fluoroalkyl substances (PFAS) in the environment, chemicals and products. EPA first issued its PFAS Strategic Roadmap in 2021 and has now issued two annual reports summarizing the progress it has made in furtherance of its “whole-of-government” approach to addressing PFAS. The PFAS Strategic Roadmap covers EPA’s “three R’s” approach to PFAS – Restrict, Remediate and Research. The PFAS Progress Report highlights the fact that EPA considers addressing PFAS and the agency’s goals of advancing Environmental Justice (EJ) to be closely linked, and its use of billions of dollars of federal funding toward achieving those ends. In 2023, EPA also signaled a clear focus on PFAS enforcement by listing “addressing exposure to PFAS” as one of the six National Enforcement and Compliance Initiatives” for fiscal years 2024-2027.

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While 2024 will undoubtedly be an extremely active year for EPA in its implementation of the PFAS Strategic Roadmap, the foundation for these ongoing efforts was greatly strengthened by the building blocks EPA laid in 2023. In this Thompson Hine environmental alert, we summarize many of the key points of EPA’s PFAS Progress Report, including actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Clean Water Act (CWA), the Toxic Substances Control Act (TSCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act (CAA) and ongoing efforts in the areas of toxicity research and environmental justice. As EPA states in the PFAS Progress Report:

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Federal and state regulations, state legislative action, and increased public awareness—coupled with unprecedented federal investments enabled by the Bipartisan Infrastructure Law (BIL)—are protecting public health, catalyzing new economic opportunities, driving innovation, creating jobs, and advancing environmental justice across the nation.

Here is a summary of EPA’s actions and the primary developments contained within the PFAS Progress Report by statute or area of interest:

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In 2024, as many critical federal regulations are proposed and finalized, policies are created and continue to be implemented, and more knowledge is learned about the nature and extent of PFAS in the environment and their potential impacts to humans and the environment, we should expect EPA to continue its aggressive, whole-of-government approach to PFAS. Thompson Hine will continue to monitor these varied PFAS developments, host webinars, and assist clients in navigating the challenges and opportunities that arise from these actions.

https://admin.thompsonhine.com/wp-content/uploads/2024/01/Thompson-Hine-Environmental-Update-PFAS-Year-in-Review.pdf

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This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

PFAS Year in Review: EPA Issues Second PFAS Strategic Roadmap Progress Report

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