PFAS Hazardous Substance Designation Clears White House Review, Nearing Finalization

The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental Protection Agency (EPA) proposal designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

This is consistent with the Biden Administration’s push to finalize important PFAS-related regulations by mid-May to insulate such rules from a potential repeal under the Congressional Review Act. Clearing OMB review is typically the last step in the administrative process before EPA issues a final rule.

It is not currently clear how closely the final rule will resemble the EPA’s proposed rule, which the agency released on September 6, 2022. Pillsbury’s review of the proposed rule can be found here. We will be sure to update this blog with a fulsome analysis of the final rule once issued.


EPA Finalizes Stringent Regulation of PFAS in Drinking Water

Proposed Rule to Designate Two PFAS Chemicals as Hazardous Substances Stands to Up the Ante for Site Remediation