Will EPA Be Designating Entire Categories Of PFAS As CERCLA Hazardous Substances?

The Environmental Protection Agency (EPA) is considering designating more PFAS (per- or polyfluoroalkyl substances) to the list of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). On April 13, 2023, EPA issued an advance notice of proposed rulemaking (ANPRM) in which it is seeking public input and data to assist in its consideration of potentially designating as hazardous substances not just the seven specific PFAS identified in the notice by CAS Registry Numbers, but also "Categories of PFAS." The implications of a broad category listing are noteworthy.

In September 2022, EPA published a proposed rule to designate PFOA and PFOS — two PFAS legacy chemicals — as CERCLA hazardous substances. That comment period is closed, and EPA is "in the process of reviewing public comments." For an in-depth analysis of the potential impacts of listing PFAS chemicals as hazardous substances, see our earlier Advisory.