In case you missed it, please follow this link to find a King & Spalding roundtable discussion on the broad implications of EPA’s proposed rulemaking to designate PFOS and PFOA as CERCLA Hazardous substances.

With respect to even more recent developments, EPA has released a draft Economic Assessment of the potential costs and other impacts of the proposed rule. The Economic Assessment provides some qualitative assessment regarding the potential costs of the implementation of the proposed rule. However, given “[s]ignificant uncertainty about the extent of existing PFOA and PFOS use and contamination, evolving assessment and response technologies, and health science pose outstanding barriers to developing a robust quantitative analysis of the indirect costs, benefits, and potential transfers associated with response to PFOA and PFOS contamination under CERCLA.”

EPA has already received several comments regarding its Economic Assessment, including comments from industry groups calling for, among other things, EPA to perform a full Regulatory Impact Analysis with quantification of the potential costs associated with the rule as well as additional time for interested parties to submit comments regarding EPA’s proposed rule. At present, it does not appear that EPA will perform a full quantitative Regulatory Impact Analysis. We will continue to follow developments as this proposed rule moves forward.