OMB Finishes Review of EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances under CERCLA

On August 12, the Office of Management and Budget completed its review of EPA’s proposed rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The completion of this review typically indicates that the public release of this proposal should be in the very near future. Once the proposed rule is published in the Federal Register, the public will have the opportunity to provide comments.

A CERCLA designation would require facilities to report on PFOA and PFOS releases that meet or exceed the selected reportable quantity and would enhance the ability of federal, Tribal, state, and local authorities to obtain information regarding the location and extent of those releases. The designation would also allow EPA or other agencies to seek cost recovery or contributions for costs incurred for the cleanup. This action has been a high priority for EPA having been outlined in the Agency’s PFAS Strategic Roadmap. According to the roadmap, EPA expects to finalize the rule by the summer of 2023.