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Organizations Around the Country Oppose EPA’s Flawed CERCLA Proposal [1]

['American Chemistry Council']

Date: 2023-11

ACC is strongly opposed to EPA’s proposal to designate PFOA and PFOS as hazardous substances under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As we have told EPA, the proposal is expensive, ineffective, and unworkable.

But we are not alone in our concerns. In fact, many organizations from a wide range of sectors around the country are asking EPA to reconsider.

Here’s what they are saying:

National Agencies and Organizations

Superfund Settlements Project: “The proposal suffers from a number of defects that, should it be finalized, would result in the final rule being arbitrary, capricious, an abuse of discretion and otherwise not in accordance with the law….SSP believes that the proposal is flawed and will not result in increased protection of human health and the environment.”

U.S. Department of Agriculture: “EPA does not plan to complete a risk assessment on biosolids until 2024. Additional research on PFAS and biosolids should be conducted before a broad characterization is made in a national CERCLA designation rule related to PF AS contaminated biosolids and agriculture.”

U.S. Conference of Mayors: “The Proposed Rule will have severe economic impacts and require significant modifications of public works operations in every community in America to implement and comply, and yet the Agency has not accounted for the cascading regulatory burdens the Proposed Rule will trigger.”

Water Environment Federation: “EPA’s economic analysis lacks the robustness necessary of a rulemaking having been found to be ‘economically significant’.”

State Agencies and Organizations

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[1] Url: https://www.americanchemistry.com/chemistry-in-america/news-trends/blog-post/2022/organizations-around-the-country-oppose-epa-s-flawed-cercla-proposal

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