EPA Seeks Public Input on Potential Hazardous Substance Designations for PFAS Under CERCLA

May. 11th, 2023
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The U.S. Environmental Protection Agency (EPA) has issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input on potential hazardous substance designations for per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as \”Superfund\”. This request for input follows EPA\’s proposed rule in September 2022 to designate two PFAS as hazardous substances under CERCLA and is part of the agency\’s PFAS Strategic Roadmap commitment to transparency and using the best available science to address PFAS pollution.

Through this ANPRM, EPA is seeking feedback on whether to propose additional PFAS compounds as hazardous substances under CERCLA, including HFPO-DA and compounds that degrade in the environment. EPA is also exploring whether some PFAS compounds should be designated as a group or category. PFAS can accumulate and persist in the human body and has been linked to various health effects, including cancer and reproductive and developmental issues.

The ANPRM is open for a 60-day comment period through June 12, 2023. EPA encourages a diverse group of stakeholders, including the public, state and local governments, Tribes, industry, businesses, environmental groups, and universities, to provide input and help gather the latest science and information regarding PFAS.

As EPA continues to develop solutions to the PFAS crisis under the PFAS Strategic Roadmap, it is important for businesses and individuals to stay informed about potential regulatory changes that could impact their operations or health. EPA intends to carefully review all comments and information received in response to this ANPRM, and if the agency decides to move forward with designating additional PFAS compounds as hazardous substances under CERCLA, it will publish a proposed rule and seek public comment.

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