Saturday, April 13, 2024


Yesterday, OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the Environmental Protection Agency on “Designating PFOA and PFOS as CERCLA Hazardous Substances”. The notice of proposed rulemaking for this action was published on September 6th, 2022.

According to the Fall 2023 Unified Agenda entry for this rulemaking:

“Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA” or “Superfund”), the Environmental Protection Agency (EPA or the Agency) is moving to finalize the designation of perfluorooctanoic acid (PFOA) and perfluoro octane sulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances. 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.”

We could see this final rule published in the Federal Register in the next week or two. I do not expect that I will cover this rulemaking beyond announcing it in the appropriate Short Takes post when it is published.

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