October 4, 2022

Volume XII, Number 277

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October 03, 2022

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EPA Positioned To Release Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

An important step in the US Environmental Protection Agency’s (EPA) Strategic Roadmap for Per- and Polyfluoroalkyl Substances (PFAS) was completed on August 12 when the Office of Management and Budget (OMB) announced the completion of its review of an EPA proposal to designate two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  

EPA first signaled its intent to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) with an advance notice of public rulemaking published in January 2021, prior to the Strategic Roadmap released later that year. The completion of the OMB review means that EPA will soon be positioned to officially and publicly release the proposed rule. However, OMB’s review of the proposal identified it as “economically significant,” a designation different than that posited by EPA and which will require EPA to complete a regulatory impact analysis (RIA). An RIA is required by Executive Order with respect to regulatory actions expected to result in an economic impact of $100 million or more. Once published in the Federal Register, the public will have the opportunity to comment on the rule. Under the Biden Administration’s Unified Agenda, a final rule is expected to be issued in August 2023. 

The designation of PFOA and PFOS as hazardous substances under CERCLA will have significant implications for a broad range of industry members with respect to both potential reporting requirements and potential remedial liabilities.

© 2022 ArentFox Schiff LLPNational Law Review, Volume XII, Number 231
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About this Author

Daniel Deeb Civil Litigation Attorney Schiff Hardin
Partner

Dan has been practicing environmental law for more than 20 years. His practice includes all facets of environmental law permitting, compliance and litigation, including federal and state cases involving the Clean Water Act, Clean Air Act, RCRA, CERCLA, FIFRA, TSCA, brownfields redevelopment, and state analogs. Before practicing law, Dan worked as a senior chemist for an environmental consulting firm and clerked for the U.S. EPA’s Office of Enforcement and Compliance Assurance. He is a frequent lecturer and has written about environmental legal issues for a variety of publications. His...

312-258-5532
Associate

Sara A. McQuillen is an associate with Schiff Hardin in Washington. She is only admitted to the TX Bar, however is practicing under the supervision of partners in the District of Columbia offices. 

EDUCATION

  • University of Notre Dame Law School, J.D., 2017, cum laude
    Journal of Legislation, Executive Notes Editor
    Dean’s List
    Best Brief Award, Legal Reseach and Writing II
  • University of Texas at Austin, B.A., 2014, magna cum laude
    Dean’...
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