ore of them to the “Hazardous Substances” list.28 Any additional PFAS designations are likely to exacerbate and expand the risks discussed above. As regulators (and plaintiff torts lawyers) remain focused on PFAS, businesses and other stakeholders that manufactured or used PFAS should expect to face increasing risk of costs and potential litigation from private and public actors.Footnotes[1] EPA, News Release: Biden-Harris Administration Finalizes Critical Rule to Clean up PFAS Contamination to Protect Public Health (April 19, 2024), https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-critical-rule-clean-pfas-contamination-protect. Hereafter in this On-Point, reference to PFOA and PFOS is intended to include their salts and structural isomers.[2] EPA also issued an Advance Notice of Proposed Rulemaking seeking public input and data related to the designation of seven additional PFAS (and their salts and structural isomers) as “Hazardous Substances” under CERCLA. See 88 Fed. Reg. 22399 (April 13, 2023).[3] Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances, 87 Fed. Reg. 54415, 54418 (proposed Sept. 6, 2022) (“Rule Proposal”).[4] Id. at 54418-19; see also https://www.fda.gov/cosmetics/cosmetic-ingredients/and-polyfluoroalkyl-substances-pfas-cosmetics.[5] Report on Critical Per- and Polyfluoroalkyl Substance Use, Dep’t of Defense (Aug. 2023) at 1.[6] Rule Proposal at 54421.[7] See 42 U.S.C. §9602(a).[8] Pre-Publication Notice, Final Rule, Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances; Docket ID No. EPA-HQ-OLEM-2019-0341, available at https://www.epa.gov/system/files/documents/2024-04/pre-publication_final-rule-cercla-pfoa-pfos-haz-sub.pdf.[9] Id. at p. 134.[10] Comments of the U.S. Chamber of Commerce Coalition of Companies and Trade Associations on Proposed Rule, Environmental Protection Agency; Designation of Perfluorooctanoic Acid (PFOA) and Perfluo

or poisonous vapors resulting from spills involving dangerous goods considered toxic by inhalation in the 2020 Edition of the ERG “Green Pages,” as requested by stakeholders. To pursue its objective of continually improving the ERG, PHMSA will solicit comments related to new methodologies and considerations for future editions of the ERG. Additionally, the meeting will include discussions on the outcomes of field experiments, ongoing research efforts to understand better environmental effects on airborne toxic gas concentrations, and updates to be published in the ERG2024. The meeting will take place virtually on Microsoft Teams on May 16, 2023. Registration is open.EPA Publishes ANPRM Seeking Information To Assist In Consideration Of Future CERCLA Regulations Regarding PFAS: EPA published an advance notice of proposed rulemaking (ANPRM) on April 13, 2023, seeking information to assist in the consideration of potential development of future regulations pertaining to PFAS under CERCLA. 88 Fed. Reg. 22399. EPA states that it seeks input and data regarding potential future hazardous substance designation under CERCLA of seven PFAS, besides PFOA and PFOS, and their salts and structural isomers, or some subset thereof; precursors to PFOA, PFOS, and seven other PFAS; and/or categories of PFAS. Comments are due June 12, 2023. EPA notes that under the PRA, “comments on the information collection provisions are best assured of consideration if OMB receives a copy of your comments” by May 15, 2023. More information is available in our April 13, 2023, memorandum.FDAFDA Provides Information On Implementation Of Cosmetic Regulation: On March 27, 2023, the U.S. Food and Drug Administration (FDA) published a web page for MoCRA, noting that MoCRA is the most significant expansion of FDA’s authority to regulate cosmetics since the Federal Food, Drug, and Cosmetic Act (FFDCA) was passed in 1938. The web page includes background information, lists products that may be exempt from MoCRA (e.g., drugs and

The U.S. Environmental Protection Agency (EPA) published an advance notice of proposed rulemaking (ANPRM) on April 13, 2023, seeking information to assist in the consideration of potential development of future regulations pertaining to per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 88 Fed. Reg. 22399. EPA states that it seeks input and data regarding potential future hazardous substance designation under CERCLA of seven PFAS, besides perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers, or some subset thereof; precursors to PFOA, PFOS, and seven other PFAS; and/or categories of PFAS. Comments are due June 12, 2023. EPA notes that under the Paperwork Reduction Act, “comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments” by May 15, 2023.Purpose of the ANPRMEPA seeks input and data to assist in the potential development of future regulations pertaining to the designation of hazardous substances under CERCLA Section 102(a), which authorizes the EPA Administrator to promulgate regulations designating as hazardous substances such elements, compounds, mixtures, solutions, and substances that, when released into the environmen