EPA Asks for Public Input on Whether to Include Additional PFAS as CERCLA Hazardous Substances

EPA is asking for public input and data as the Agency considers regulating additional PFAS under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). EPA proposed regulating PFOA and PFOS as hazardous substances under CERCLA last August, and the Agency has not yet finalized that rulemaking. The April 13 Advanced Notice of Proposed Rulemaking (ANPRM) outlines three possible future actions for EPA to take, which the Agency is requesting public feedback:

1. Designate seven additional PFAS as CERCLA hazardous substances: PFBS, PFHxS, PFNA, HFPO-DA (also known as Gen-X), PFBA, PFHxA, and PFDA;
2. Designate the precursors to PFOA, PFOS, and possibly the seven PFAS mentioned above and their salts and isomers as hazardous substances under CERCLA; and
3. Designate groups or categories of PFAS as CERCLA hazardous substances.

The ANPRM is open for public comment until June 12.