PFAS CERCLA Exemption Letter Submitted Electronically to: https://www.regulations.gov
The Honorable Michael Regan, Administrator U.S. Environmental Protection Agency
Re: Addressing Per- and Polyfluoroalkyl Substances in the Environment, Advance Notice of Potential Rulemaking (ANPRM); Docket ID No. EPA-HQ-OLEM-2022-0922
Last year, NWRA and SWANA submitted comments on EPA’s proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as CERCLA hazardous substances. They also submitted comments in May in response to this ANPRM jointly with other “passive receivers” of per- and polyfluoroalkyl substances (PFAS). Both associations reiterate and append those comments to what is contained in this letter, urging EPA to ensure that landfills and other passive receivers are afforded relief from CERCLA contribution litigation prior to designating PFAS as hazardous substances.