EPA Submits for White House Review its Proposed Rule to List PFOS and PFOA as Hazardous Substance under CERCLA
EPA submitted proposed a rule to list PFOS and PFOA as Superfund hazardous substances to the White House for review. The rule could subject PFOS and PFOA to release reporting and cleanup cost recovery requirements.
On January 10, 2022, EPA formally submitted to the White House Office of Management and Budget (OMB) its first-time plan to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under Comprehensive Environmental Response, Compensation & Liability Act (CERCLA or the Superfund law). Such a designation would set new precedent as EPA has never before designated a new chemical as a CERCLA hazardous substance.
OMB reviews are generally intended to last 90 days, so EPA appears to be on track to issue the proposal in March 2022. The agency expects to issue a final rule in the summer of 2023.
Once finalized, the regulation would trigger a host of actions, from release reporting to cost recovery and contribution claims. The reporting will enable federal, state, and local authorities to collect information regarding the location and extent of releases of PFOS and PFOA. In addition, EPA, other agencies or private parties may be able to seek cost recovery or contributions for costs incurred for the cleanup of releases of PFOS and PFOA.
NASF will continue to monitor this rule development and provide updates to NASF members. If you have any questions or would like additional information on this issue, please contact Jeff Hannapel at jhannapel@thepolicygroup.com.
This update is courtesy of the National Association for Surface Finishing (NASF). For more information or to become a member, visit nasf.org.
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