Coalition Letter Sent to USEPA and OMB
CASA, as part of a coalition of organizations representing the water and wastewater sectors and local government, sent a letter to the U.S. Environmental Protection Agency (USEPA) and Office of Management and Budget (OMB) emphasizing the concern that designating PFOS and PFOA as hazardous substances under CERCLA will have significant financial impacts for local governments and urging that as the agencies continue to work to propose a hazardous substance designation for the chemicals, a transparent rulemaking process is followed. Specifically, the letter requests that as the Office of Information and Regulatory Affairs completes its review the proposed rule to designate the chemicals as hazardous substances under CERCLA, that “the proposal is accompanied by and consistent with a robust economic analysis” that adheres to existing federal rulemaking guidance.

Additionally, the letter also requests that USEPA adhere to the consultation requirements of the Small Business Regulatory Enforcement Act, Unfunded Mandates Reform Act, and EO 13132: Federalism. Under these laws, it is intended that the Agency engage in pre-proposal consultation for a rulemaking of such magnitude, such as to designate PFOA and PFOS as hazardous substances. Last month, USEPA posted a notice stating that it is considering an Advance Notice of Proposed Rulemaking in which the Agency will seek public input on further PFAS-related designations under CERCLA. The update was part of the agency’s general regulatory agenda that it is required to publish. The proposed rule will likely not be released until later this fall.