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ARTICLE · 02 MAY 2023

EPA Is Seeking Comment On Potential Designations Of Additional PFAS As Hazardous Substances Under CERCLA

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On April 13, 2023, the Environmental Protection Agency ("EPA") published an ANPRM in the Federal Register requesting public input and data to assist in the potential development...

United StatesEnvironment
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On April 13, 2023, the Environmental Protection Agency ("EPA") published an ANPRM in the Federal Register requesting public input and data to assist in the potential development of future regulations of PFAS under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), also known as Superfund. EPA is considering the designation of the following PFAS as hazardous substances under section 102(a) of CERCLA:

  • Perfluorobutanesulfonic acid (PFBS);
  • Perfluorohexanesulfonic acid (PFHxS);
  • Perfluorononanoic acid (PFNA);
  • Hexafluoropropylene oxide dimer acid (HFPO–DA, but often referred to as GenX);
  • Perfluorobutanoic acid (PFBA);
  • Perfluorohexanoic acid (PFHxA); and

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