On Jan. 10, 2022, the Environmental Protection Agency (EPA)
submitted a proposal to the White House Office of Management and
Budget that will designate PFOA and PFOS as “Superfund
hazardous substances.” In designating PFOA and PFOS
(collectively “PFAS”) as a “hazardous
substance” under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), the EPA can force parties
responsible for PFAS contamination to pay for remediation. If the
Office of Management and Budget does not object to the EPA's
proposal within 90 days, the proposal will be subject to public
comment and will likely become a final rule in 2023.
The designation of PFOA and PFOS as “Superfund hazardous
substances” will have sweeping impacts across several
industries. Companies who used PFOA or PFOS will be liable for the
full remediation of the contamination as well as any secondary
adverse impacts. Once the CERCLA designation takes effect, those
companies will face EPA
