Letter Suggesting That PFOA and PFOS Be Designated as Hazardous Substances Under CERCLA

On August 18, 2022, EPN sent a letter to EPA Administrator Regan and Acting Assistant Administrator for the Office of Land and Emergency Management, Barry Breen, regarding the designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). We urged EPA to swiftly designate PFOA and PFOS as hazardous substances to give the agency authority to compel cleanups by polluters or enforcement for non-compliance. We also disputed the U.S. Chamber of Commerce’s unrealistic economic analysis for this designation and the assertion that use of CERCLA authority poses novel legal or policy issues. We are concerned about the impact this rule may have on wastewater and drinking water utilities and issued recommendations on how EPA can mitigate those impacts.

Read the letter.