Clean Water Current

Comment Period Begins on Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA, Extension Request Likely

Sep 7, 2022

The proposed rule from the U.S. Environmental Protection Agency (EPA) designating the two most common per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) — as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) was published in the Federal Register on September 6. This starts a 60-day public comment period, with comments due on November 7.

Given the substantial complexities of the rule and the impacts of a CERCLA designation, it is very likely that NACWA and others will request an extension of the comment period.  NACWA will be coordinating with other municipal and water sector groups about a joint effort to request an extension and will report to the membership on developments. 

EPA is also expected to soon release its economic analysis supporting the rule, which will undergo significant scrutiny by NACWA and others.

Additional details on the proposal, including its potential impact on NACWA members, are available in an Advocacy Alert providing an analysis of the proposal and how clean water agencies can engage going forward on important advocacy efforts related to the proposal.

EPA is planning a briefing for local government officials regarding the proposal on September 8. Utility members interested in participating can contact Nathan Gardner-Andrews, NACWA’s Chief Advocacy & Policy Officer, for more information. EPA also has a website with information about the proposal, including a short PowerPoint presentation

Back To Top