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ARTICLE · 15 JUNE 2024

EPA Action On "Forever Chemicals"

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Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator's list in 2024 and already this year the United States Environmental Protection Agency (EPA)...

United StatesEnvironment
Alexander J. Van Roekel
Alexander J. Van Roekel
Willis Hon
Willis Hon
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Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator's list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating PFAS as hazardous substances. On April 19, 2024, EPA announced that it finalized its rulemaking designating perfluorooctanoic acid (PFOA) and per-fluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (also known as the Superfund law).

EPA notes some of the rule's direct effects, but the most significant impact is that the listing would enable the government and private parties to sue potentially responsible parties under CERCLA. A variety of agencies and companies involved in the water industry may be exposed to substantial liability. EPA published guidance entitled "PFAS Enforcement Discretion and Settlement Policy Under CERCLA" to limit some of that

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