Multi-State Petition to EPA Seeks Listing of Four PFAS Compounds as Hazardous Air Pollutants Under the Clean Air Act, Sarah Bell, Chris Rendall-Jackson, Don Sobelman

Farella Braun + Martel LLP

Three states have lodged a petition with EPA, seeking the listing of four PFAS compounds as hazardous air pollutants (HAPs) under the Clean Air Act (CAA). In the petition, dated August 29, 2024, the North Carolina Department of Environmental Quality, the New Jersey Department of Environmental Protection, and the New Mexico Environment Department propose adding perflurooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), and hexafluoropropylene oxide dimer acid (HFPO-DA aka “GenX”) to the list of HAPs regulated under Section 112 of the CAA. The states assert that the information provided in the petition demonstrates that these chemicals meet the requirements for Section 112 listing, as (1) they are air pollutants, and (2) “[t]hrough emissions, ambient concentrations, bioaccumulation, or deposition, these PFAS are known to cause or may reasonably be anticipated to cause adverse effects to human health or adverse environmental effects.” The petition can be found here.

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