OMB Approves EPA PFOA/PFOS CERCLA Final Rule

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 6^th, 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.

HR 1804 Introduced - Community Cleanup Act

Back in March, Rep Carter (R,GA) introduced HR 1804, the Community Cleanup Act. The bill would expand the public notification requirements of 42 USC 9617 when a site is remediated under provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

Changes

Section 2(a) of the bill amends §9617(a). It adds a requirement to notify the highest-ranking official of the local government about the contents of the remediation plan. It also expands the content of the plan to include “comments regarding use of the facility at issue after remedial action is taken”.

Section 2(b) amends §9617(b). It adds a requirement to send a copy of the final remediation action plan to “all local, elected officials”.

Section 2(c) amends §9617(d). It expands the definition of ‘publication’ to include an “announcement sent to a radio station, or television station, the broadcast area of which includes the community surrounding the facility at issue” and including the information on various web sites.

Moving Forward

Both Carter and his sole cosponsor {Rep Blunt (D,DE)} are both members of the House Energy and Commerce Committee, one of the two committees to which this bill was assigned for consideration. This means that there could be enough influence to see this bill considered in Committee. I do not see anything that would engender any serious opposition to the bill. I suspect that the bill will receive at least some bipartisan support.

If it receives enough bipartisan support in Committee, it will be considered in the House under the suspension of the rules process. If there is not enough bipartisan support to obtain the super majority required under that process, this bill is unlikely to be considered under regular order. It is just not important enough to take up the time necessary to go through the floor debate and amendment process.

Bills Introduced – 3-11-21

Yesterday, with both the House and Senate in session, there were 146 bills introduced. Two of those bills will receive additional coverage in the blog:

HR 1804 To amend the public participation requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes. Rep. Carter, Earl L. "Buddy" [R-GA-1]

HR 1833 To amend the Homeland Security Act of 2002 to provide for the responsibility of the Cybersecurity and Infrastructure Security Agency to maintain capabilities to identify threats to industrial control systems, and for other purposes. Rep. Katko, John [R-NY-24]

Interesting turn of phrase “maintain capabilities to identify threats to industrial control systems” in the description of HR 1833. I look forward to seeing what it actually means.

NOTE: Corrected date in title to date of introduction 3-13-21 06:45 EST

Bills Introduced – 1-17-14

Of 32 bills introduced in the House and Senate yesterday only one looks like it may be of specific interest to readers of this blog:

S 1951 Latest Title: A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make responsible parties liable for certain costs relating to the release of pollutants or contaminants. Sponsor: Sen Schatz, Brian (D,HI)

If the ‘costs’ referred to in the latest title deal with the costs of emergency response to the spill, then it will certainly be something that will be followed here.