PFAS CERCLA Expansion Comment Period Closing

August 4, 2023

Read the full article by John Gardella (The National Law Review)

"We previously reported on the EPA‘s long-anticipated proposed rule to designate PFOA and PFOS as “hazardous substances” under CERCLA. The public comment period for the CERCLA PFAS proposed rule closed on November 7, 2022, and the EPA is now undertaking a review of the comments and will have the opportunity to determine whether to modify the rule before issuing a final rule.

In February 2023, the EPA also submitted a final proposal to the White House’s Office of Management and Budget indicating that it wishes to publish in the Federal Register a notice of proposed rulemaking requesting public input on whether the EPA should consider designating PFAS beyond just PFOA and PFOS as “hazardous substances” under CERCLA, and whether information exists to allow the EPA to consider designating PFAS as a class or subclass under CERCLA. On March 24, 2023, the OMB cleared the proposal, signaling that the EPA can now open for comment the notion of potentially expanding the CERCLA PFAS scope.

Shortly after the OMB action, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM), which aims to have seven additional PFAS added to the CERCLA list of “hazardous substances.” The comment period for the public to respond to the proposed ANPRM closes on August 11, 2023."