Action Alert | PFOA/PFOS Emergency Rules Filed; Final Rule Proposals Pending

On April 13, ANR filed emergency rules with respect to perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS).

Specifically, ANR has amended the Vermont Groundwater Protection Rule and Strategy to adopt the Health Advisories established by the Department of Health for PFOA and PFOS.

ANR has also amended the Vermont Hazardous Waste Management Regulations to list wastes containing PFOA and PFOS as Vermont Listed Hazardous Wastes.  There were also several additional exemptions added that relate to the proposed listing.

The emergency rules will take effect April 29.  They will be reviewed by the Legislative Committee on Administrative Rules on April 21.

With the expedited emergency rulemaking schedule, ANR has indicated that they will take public comments only through this Monday, April 18.  However, if you believe you might want to submit comments but would require more time, please contact us at and we will see if more time could be made available.  Comments, including any request for more time that you might want to make directly, can be sent to:

Matt Chapman

General Counsel

Department of Environmental Conservation

One National Life Drive – Davis 2

Montpelier, VT   05620-3802



Below are links to the emergency rules and related documentation:

ANR provided this guidance to helping find key changes in the rules:

For the proposed amendment to the Hazardous Waste Management Regulations:  The relevant changes can be found in the table located on pp. 2-13 (pp. 47 of the document) (adding several exemptions to the application of the rule); and pp. 2-28 and 2-29 (pp. 62 and 63 of the document) (adding PFOA and PFOS as Vermont wastes).

For the proposed amendment to the Groundwater Protection Rule and Strategy: The relevant changes can be found in the table located on pp. 54.

Emergency rules are effective for up to 120 days.  AIV will be working with our coalition partners on any necessary engagement with these emergency rules but also working to engage ANR on the permanent rule changes that can be expected to be proposed in the coming weeks.  Members and other companies interested in either the emergency rules or the longer term rule changes are strongly encouraged to contact us at

Additional details and other information and developments will be addressed in upcoming posts as warranted.