In Short
The Situation: The Environmental Protection
Agency's ("EPA") new guidance memorandum to states
provides direction on how they can use the National Pollutant
Discharge Elimination System ("NPDES") permitting program
to address per- and polyfluoroalkyl substances ("PFAS")
in waters of the United States.
The Result: The effect of this guidance is that
many states will likely take steps to restrict PFAS at their
source, thereby subjecting industry to additional regulation.
The Outlook: Industry stakeholders should be
prepared for additional regulation and carefully evaluate potential
sources of PFAS in their supply chains.
On December 5, 2022, EPA issued a new guidance memorandum that
outlines how states can monitor for discharges of PFAS and take
steps to reduce them. PFAS are synthetic chemicals with wide
commercial and industrial applications, including firefighting
foams, greaseproof food wrapping, nonstick cookware,
water-repellent fabrics,
