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ARTICLE · 25 APRIL 2024

Bombshell: PFOA And PFOS Designated As CERCLA Hazardous Substances

Godfrey & Kahn S.C.
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In a long-awaited action, on April 19, 2024, the United States Environmental Protection Agency (EPA) has designated the two most studied per- and polyfluoroalkyl substances (PFAS)...

United StatesEnvironment
William J. Nelson
William J. Nelson
Edward (Ned) B. Witte
Edward (Ned) B. Witte

EPA Designates PFOA and PFOS as Hazardous Substances

In a long-awaited action, on April 19, 2024, the United States Environmental Protection Agency (EPA) has designated the two most studied per- and polyfluoroalkyl substances (PFAS) – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as the "Superfund" law. For "state lead" cleanup programs, such as Wisconsin, this federal rule development represents one of the strongest enforcement tools available for compelling action to address PFAS in the environment.

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