Federal Register: EPA Proposes More PFAS as Hazardous Substances

April 13, 2023. 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 today’s Federal Register (PFAS As Haz Material_EPA Request Data_Fed Reg_2023-04-13) EPA is requesting 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 is requesting public input.

The deadline to submit comments to EPA is June 12, 2023.