On November 20, 2019, a bill that would designate perfluorooctanic acid and its salts (PFOAS) and perfluorooctanesulfonic acid and its salts (“PFOS”) as “hazardous substances” under section 102(a) of CERCLA passed the House Committee on Energy and Commerce. This bill proposes to add PFAS as regulated substances under multiple federal statutes including the Safe Drinking Water Act, Clean Air Act, Solid Waste Disposal Act, and EPCRA. There are comparable bills making their way in the Senate.
Importantly, on November 25, 2019 EPA posted a pre-publication version of an advanced notice of proposed rulemaking (ANPRM) seeking public comment on adding PFAS to chemicals covered by the Toxic Release Inventory (TRI) under EPCRA.
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