Since posting, USEPA released a prepublication version of the proposed listing rule. You can learn more about the proposed ruling in our recent client alert -
Recent intel in DC was that White House Office of Management and Budget (OMB) approval of EPA's rule designating PFOA and PFOS as CERCLA "hazardous substances" was imminent. However, news broke earlier this week that following input from numerous affected industries and states, OMB changed its designation of the proposed rule to “economically significant” which triggers the requirement for the agency to perform a Regulatory Impact Analysis (RIA) prior to issuing a proposed PFAS CERCLA designation. EPA will have to provide justification for its approach via the RIA, no doubt delaying publication of the proposed listing.