EPA Submits Proposed Rule Designating PFOA and PFOS as CERCLA "Hazardous Substances" to Office of Management and Budget

King & Spalding

On January 10, 2022, EPA submitted a proposed rule on the regulation of PFAS chemicals to the Office of Management and Budget. EPA’s proposed rule would designate PFOA and PFOS as CERCLA hazardous substances consistent with the PFAS Action Plan initially issued on February 14, 2019, and consistent with the timeline announced in the EPA’s PFAS Strategic Roadmap. As noted in the Strategic Roadmap:

Such designations would require facilities across the country to report on PFOA and PFOS releases that meet or exceed the reportable quantity assigned to these substances. The hazardous substance designations would also enhance the ability of federal, Tribal, state, and local authorities to obtain information regarding the location and extent of releases. EPA or other agencies could also seek cost recovery or contributions for costs incurred for the cleanup.

The proposed rulemaking will be available for public comment in March 2022. Updates can be tracked here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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