EPA publishes proposed rule to designate certain PFAS as hazardous substances under Superfund

September 7, 2022

The U.S. Environmental Protection Agency published in the Federal Register on September 6 a proposed rule to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

CERCLA authorizes the administrator to promulgate regulations designating as hazardous substances such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment. Such a designation would ultimately facilitate cleanup of contaminated sites and reduce human exposure to these “forever” chemicals.

There will be a 60-day public comment period, with general comments due on November 7. However, comments specific to the information collection provisions on the rule are encouraged to be submitted by October 6. NGWA plans to submit comments on the proposal.

Click here to read more about the proposed rule and to submit comments.

NGWA has long been an industry leader in providing PFAS research, education, and resources to the public and scientific communities. Learn more by visiting NGWA.org/PFAS, which is a complete resource center about the groundwater contaminants featuring a recently updated top-10 facts sheet, a position paper, and more.

Also found there is Groundwater and PFAS: State of Knowledge and Practice, which NGWA published in 2017 and is one of the first PFAS guidance documents to be released. The Association recently hosted its second conference in Westerville, Ohio, focused entirely on PFAS science and remediation.