On April 13 the U.S. Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (ANPRM) asking the public for input regarding potential future hazardous substance designations of per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.”
This request for input and information follows EPA’s September 2022 proposed rule to designate two PFAS — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers — as hazardous substances under CERCLA. EPA is currently reviewing comments received on this proposed rule.
Through this ANPRM, EPA is seeking input on whether to propose to designate additional PFAS, including HFPO-DA, sometimes called GenX, and compounds that degrade in the environment by processes such as biodegradation, photolysis and hydrolysis, to form certain PFAS. EPA is also seeking information on whether some PFAS compounds can or should be designated as a group or category.
A Federal Register Notice has been published in the Federal Register at docket EPA-HQ-OLEM-2022-0922 and can be viewed on www.regulations.gov. The ANPRM will be open for a 60-day comment period through June 12, 2023.
If EPA decides to move forward with designating additional PFAS compounds as hazardous substances under CERCLA, the agency will publish a proposed rule and seek public comment.
EPA is not reopening or otherwise proposing to modify any existing regulations through this ANPRM.
