EPA seeks comment on GenX chemical rulemaking proposal

The U.S. Environmental Protection Agency (EPA) has issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input on its plan to designate certain per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as “Superfund.”

Through this ANPRM, the EPA is seeking input on whether to designate additional PFAS, including hexafluoropropylene oxide dimer acid (HFPO-DA), sometimes called GenX, and compounds that degrade in the environment by processes such as biodegradation, photolysis and hydrolysis to form certain PFAS. The EPA also is seeking information on whether some PFAS compounds can or should be designated as a group or category.

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“Today’s announcement highlights EPA’s commitment to transparency and the use of the best available science to tackle PFAS pollution and protect people from exposure to these forever chemicals,” says Barry N. Breen, acting assistant administrator for EPA’s Office of Land and Emergency Management. “This is a key commitment under the agency’s PFAS Strategic Roadmap and will provide an opportunity for a large and diverse group of stakeholders, including the public, state and local governments, tribes, industry, businesses, environmental groups and universities, to provide input and help EPA gather the latest science and information regarding PFAS.”

A Federal Register notice has been published where parties can comment on the proposed rulemaking. The ANPRM will be open for a comment period through June 12.

According to the EPA, GenX chemicals—often used as a substitute for PFOA—have been used in nonstick applications and in the medical, automotive, electronic, aerospace, energy and semiconductor fields. They have been detected in surface water, groundwater, drinking water, rainwater and air.

Although humans can be exposed to GenX chemicals through drinking water and inhalation, the EPA’s Human Health Toxicity Assessment for GenX Chemicals studied their effects on those exposed through drinking water and concluded the chemicals can cause damage to the liver, kidneys, immune system, reproductive system and also is a carcinogen.

“Based on available information across studied of different sexes, life stages and durations of exposure, the liver appears to be particularly sensitive from oral exposure to GenX chemicals,” the report says.

This request for input and information follows EPA’s September 2022 proposed rule to designate two PFAS—perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS) and their salts and structural isomers—as hazardous substances under CERCLA. The EPA is reviewing comments received on this proposed rule.

PFAS can accumulate and persist in the human body for long periods of time. Many known and potential sources of PFAS contamination are near communities already overburdened with pollution.