EPA seeks input on designation of 2 PFAS chemicals under CERCLA

The U.S. Environmental Protection Agency is seeking public comment on its proposal to add perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

The EPA says the CERCLA designation, proposed in September, would allow regulations to be promulgated and would help facilitate cleanup of sites contaminated with these two “forever” chemicals. PFOA and PFOS do not break down easily and can be difficult and expensive to mitigate.

CERCLA designation could establish remedial liability for those responsible for releasing the hazardous substances and unlock additional tools for the government and others to address PFOA and PFOS contamination. This action would also institute a reporting requirement for any person responsible for a release of a pound or more of these two PFAS chemicals. Notification to the National Response Center would be required within 24 hours of a release.

The EPA’s proposal to designate PFOA and PFOS as hazardous substances under CERCLA was one of many action items enumerated in the PFAS Strategic Roadmap.

The proposed rule and background information are available online. Comments must be received by Nov. 7 via Regulations.gov.

In June, the EPA released new interim health advisories for PFOA and PFOS indicating that some negative health effects may occur with concentrations of certain PFAS in water that are near zero. These health advisories provide information on contaminants, but are nonregulatory and unenforceable for water system administrators.

For more information, contact Michelle Schutz at 703-346-9536 or schutz.michelle@epa.gov.