EPA Seeks Public Feedback on Potential Future CERCLA Hazardous Substance Designations for Additional PFAS

On April 13, 2023, EPA published an advance notice of proposed rulemaking seeking public feedback to consider future hazardous substance designations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The covered substances are the following per- and polyfluoroalkyl substances (PFAS), including their precursors, and their salts and structural isomers:

• Perfluorobutanesulfonic acid (PFBS)
• Perfluorohexanesulfonic acid (PFHxS)
• Perfluorononanoic acid (PFNA)
• Hexafluoropropylene oxide dimer acid (HFPO–DA) (sometimes called GenX)
• Perfluorobutanoic acid (PFBA)
• Perfluorohexanoic acid (PFHxA)
• Perfluorodecanoic acid (PFDA)

In addition, EPA is also considering hazardous substance designations for the precursors and salts and structural isomers for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). EPA previously issued a proposed hazardous substance designation for these two chemicals under CERCLA.

Under CERCLA, EPA can designate chemicals as hazardous substances when their release into the environment may present substantial danger to the public health or welfare or the environment.  To help inform its decision, the agency is seeking information concerning the characteristics of these PFAS, such as mobility, persistence, prevalence, and other related characteristics. EPA is also requesting relevant scientific literature and data and potential direct and indirect costs and benefits, including impacts on small entities.

Comments are due on June 12, 2023.

Read the proposed rule and submit comments.

Advocacy contact: Send an email to Tabby Zeb at tayyaba.zeb@sba.gov or call 202-798-7405.