EPA Submits for White House Review its Proposed Rule to List PFOS and PFOA as Hazardous Substance under CERCLA

On January 10, 2022, the EPA formally submitted to the White House Office of Management and Budget (OMB) its plan for the first time to designate perfluorooctanoic acid (PFOA) and perfluorooctanoic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response and Compensation. & Liability Law (CERCLA or Superfund Law). Such a designation would set a new precedent because the EPA had not previously identified a new chemical as a CERCLA hazardous substance.

OMB reviews generally aim to last 90 days, so it appears that the EPA is on track to release the proposal in March 2022. The agency expects to release a final rule in the summer of 2023.

Once the regulation is finalized, it will trigger a range of actions, from issuing reports to cost recovery and contribution claims. Reporting will enable federal, state and local authorities to collect information regarding the location and extent of PFOA and PFOA releases. In addition, EPA, other agencies, or private parties may be able to seek cost recovery or contributions to costs incurred to clean up PFOA and PFOA releases.

NASF will continue to monitor the development of this rule and provide updates to NASF members. If you have any questions or would like additional information about this issue, please contact Jeff Hannapel at jhannapel@thepolicygroup.com.

this is Updated with permission from the National Association of Surface Finishing (NASF). For more information or to become a member, visit nasf.org.

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