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EPA to Regulate PFOA/PFOS as Hazardous Substances

On January 10, 2022, EPA submitted a proposed rule to the Office of Management and Budget (OMB) to designate perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) as hazardous substances under Superfund. This proposed rule would require reporting the location and extent of PFOS or PFOA releases. Interestingly EPA determined that this proposed rule is not economically significant. However, the rule would likely add significantly more sites to the Superfund list. It could also impact ongoing remediation efforts and possibly reopen closed sites. It typically takes OMB about 90 days to review a proposed rule. Therefore, a draft rule for public comment could be published by April 2022. A final rule is expected in the summer of 2023. This activity is part of the EPA’s PFAS Strategic Roadmap.

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