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ARTICLE · 30 APRIL 2024

EPA Announces Final Rule Designating Two PFAS As ​"Hazardous Substances" Under CERCLA

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

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On April 19, 2024, the U.S. Environmental Protection Agency ("EPA" or ​"the Agency") released details of its highly anticipated rule listing perfluorooctanoic acid ("PFOA")...

United StatesEnvironment
Joseph Green
Joseph Green
Andrew W. Homer
Andrew W. Homer
Steven L. Humphreys
Steven L. Humphreys
Zachary Lee
Zachary Lee
Sabrina Eve Morelli
Sabrina Eve Morelli

On April 19, 2024, the U.S. Environmental Protection Agency ("EPA" or "the Agency") released details of its highly anticipated rule listing perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS"), two forms of per- and polyfluoroalkyl substances ("PFAS"), as "hazardous substances" under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA" or "Superfund Law"). The rule marks the first exercise of EPA's authority to designate new "hazardous substances" regulated under CERCLA since the statute's passage over 40 years ago and is expected give rise to new cleanup actions, changes in scope and/or remedy in ongoing actions, the potential of re-opening formerly closed sites, and associated litigation affecting a broad range of industries and entities that have used or received the substances in their operations.

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