Apr 202023

EPA Seeks Public Input on Regulating Seven More PFAS for Superfund 

Samuel B. Boxerman and Allison H. In
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On April 13, 2023, the U.S. Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (ANPRM) asking the public for input concerning potential designations of seven per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Based on public input and data to be received, EPA will evaluate whether these PFAS may present substantial danger to the public health or welfare or the environment.

The seven PFAS EPA is considering designating as CERCLA hazardous substances are as follows:

  • perfluorobutanesulfonic acid
  • perfluorohexanesulfonic acid
  • perfluorononanoic acid
  • hexafluoropropylene oxide dimer acid
  • perfluorobutanoic acid
  • perfluorohexanoic acid
  • perfluorodecanoic acid)

Specifically, EPA is requesting data on these PFAS, including their salts and structural isomers, as well as precursors to perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) and these seven PFAS. The action follows EPA’s Notice of Proposed Rulemaking from September 2022 that designates two PFAS — PFOA and PFOS — as CERCLA hazardous substances. EPA is reviewing comments received on this proposed rule.

The public comment on the ANPRM is due June 12, 2023.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

Allison H. In

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