In the June 9, 2023 Federal Register (Fed Reg_EPA Extend Public Comment Period on PFAS as Hazardous Substances) EPA is extending the public comment period for providing “input and data” on designating seven PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). The original June 12, 2023 deadline to submit comments to EPA has been extended sixty days until August 11, 2023.
Background
On September 6, 2022 EPA published a Notice of Proposed Rulemaking to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). That proposal is not yet final.
In the April 13, 2023 Federal Register (EPA Fed Reg Data Request PFAS as Hazardous Substances) EPA requested public “input and data” regarding whether to designate seven other PFAS as hazardous substances under CERCLA. The seven PFAS are as follows:
• PFBS
• PFHxS
• PFNA
• Gen X
• PFBA
• PFHxA
• PFDA
In the same Federal Register notice EPA is also considering designating (1) precursors to PFOA, PFOS and the seven PFAS listed above, and (2) groups or categories of PFAS as hazardous substances, and requested public input.
EPA Developing PFAS Enforcement Policy Under CERCLA
EPA is currently developing a PFAS Enforcement Policy under CERCLA. In March 2023 EPA held two public “listening sessions” on the enforcement policy. During those listening sessions, EPA staff stated that they do not intend to pursue CERCLA PFAS enforcement actions against public water systems or wastewater systems. The policy is not final…and it is not known if that will be EPA’s final position.
Link to the webpage with the recordings of EPA’s March 2023 listening sessions.
https://www.epa.gov/enforcement/cercla-pfas-enforcement-listening-sessions
Scroll down and click on the link for the March 14, 2023 recording. At about the 10 minute mark, EPA staff begin to comment that they do not intend to pursue enforcement of PFAS wastes under CERCLA against public water systems.
