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ARTICLE · 03 MAY 2023

EPA Seeking Public Input On Potential CERCLA Hazardous Substance Designation For Additional PFAS

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On April 13, 2023, the US Environmental Protection Agency (EPA or Agency) issued an advance notice of proposed rulemaking (ANPRM),1 seeking public input regarding potential hazardous substance...

United StatesEnvironment
Seth Goldberg
Seth Goldberg
Sally Mordi
Sally Mordi

On April 13, 2023, the US Environmental Protection Agency (EPA or Agency) issued an advance notice of proposed rulemaking (ANPRM),1 seeking public input regarding potential hazardous substance designation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund),2 for the following:

(1) seven per- and polyfluoroalkyl substances (PFAS), besides perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers, or some subset thereof

(2) precursors to PFOA, PFOS, and seven other PFAS

(3) categories of PFAS

Comments on the ANPRM are due by June 12, 2023. The ANPRM follows the notice of proposed rulemaking (NPRM),3 issued by EPA on September 6, 2022, to designate two PFAS — PFOA and?PFOS, and their salts and structural isomers — as hazardous substances under CERCLA.

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