The U.S. Environmental Protection Agency (EPA) published an advance notice of proposed rulemaking (ANPRM) on April 13, 2023, seeking information to assist in the consideration of potential development of future regulations pertaining to per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 88 Fed. Reg. 22399. EPA states that it seeks input and data regarding potential future hazardous substance designation under CERCLA of seven PFAS, besides perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers, or some subset thereof; precursors to PFOA, PFOS, and seven other PFAS; and/or categories of PFAS. Comments are due June 12, 2023. EPA notes that under the Paperwork Reduction Act, “comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments” by May 15, 2023. For more information, please read the full memorandum.
EPA Publishes ANPRM Seeking Information to Assist in Consideration of Future CERCLA Regulations Regarding PFAS
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About the Author: Eugene A. Guilford, Jr., CAE
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The EPA designation of PFAS, PFOS and PFOA compounds under CERCLA will create unique challenges for companies that manufacture or handle products with non-stick, water repellency and anti-grease features, including cosmetics, food packaging, frying pans, outdoor gear and firefighting foam. Needless to say, landfills and transfer stations have been collecting these types of products for years from their surrounding communities. Airports and fire-fighting training yards have used foams with high concentrations of PFAS to fight fires and prevent leaks in storage tanks and other fuel storage areas. Agricultural businesses and related agricultural operations and properties have been treated with pesticides containing PFAS. These and many other site owners and operators will be required to test, disclose, and reassess the value of their properties. The legal and financial vulnerabilities will be significant, product supply chains will be interrupted, and radical shifts in corporate communications and government affairs strategies will be required from a Superfund designation. Qualified, certified hazardous materials professionals need to be following this. Put on your seatbelt!