EPA Extends Deadlines for Regulating PFAS under CERCLA

EPA is pushing back the deadlines for two major rulemaking processes concerning the designation of PFAS as a hazardous substance under CERCLA. EPA is extending both its internal deadline to finalize the rule to designate PFOA and PFOS as hazardous substances under CERCLA to February 2024 and the comment period for stakeholders to provide input and data on regulating seven additional PFAS under CERCLA to August 11, 2023. The extension of these proposed rulemakings reflects the complexity of crafting these policies and the need for further analysis of the impacts, burden, and novelty of designating PFAS as hazardous substances.

The delay in this rulemaking is particularly relevant for liquid terminals, given the presence of PFOA, PFOS, PFBS, PFHxS, PFBA, and PFHxA in certain AFFF mixtures. The proposed CERCLA designation has drawn significant concern from industry groups, that would potentially be legally liable for undertaking costly cleanup and recovery efforts. Importantly, Congress continues to work in parallel to EPA’s rulemaking effort to enact legislative waivers that exempt certain industries from CERCLA liability, including liquid terminals. ILTA continues to closely monitor and provide input across the different legislative initiatives, to ensure the liquid terminal industry’s concerns are addressed.