Update: EPA Publishes Proposed Rule Designating PFOA and PFOS Hazardous Substances, Triggering Public Comment Deadline

As discussed in our September 1, 2022 alert, EPA has proposed designating two PFAS chemicals, PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). On September 6, EPA published its proposed rule in the Federal Register, triggering a public comment deadline of November 7, 2022. However, as noted in the proposed rule, comments on the rule’s information collection provisions are best assured consideration if the Office of Management and Budget (OMB) receives a copy of comments on or before October 6, 2022.

For more information about the proposed rulemaking, or for help commenting on the proposed rule, please contact Lisa Gilbreath (207.791.1397) or Georgia Bolduc (207.791.1249). For more information related to PFAS litigation and your company’s exposure related to releases of PFOA and PFOS, please contact Lisa Gilbreath or Sara Murphy (207.791.1185).

Click here to see the Maine PFAS Tracker: Maine Standards and Proposed Actions