On April 19, 2024, EPA announced its highly anticipated final
rule designating two polyfluoroalkyl substances
("PFAS")—perfluorooctanoic acid ("PFOA")
and perfluorooctanesulfonic acid ("PFOS")—as
"hazardous substances" under the Comprehensive
Environmental Response, Compensation, and Liability Act
("CERCLA"), making sites contaminated with PFOA and PFOS
subject to response actions conducted under the auspices of
CERCLA.
PFAS, including PFOA and PFOS, are synthetic chemicals with wide
commercial and industrial applications, including firefighting
foams, greaseproof food wrapping, nonstick cookware,
water-repellent fabrics, carpets, and textiles.
CERCLA, also known as "Superfund," authorizes the
federal government to take response actions at sites to address
releases or threatened releases of hazardous substances, or to
order potentially responsible parties ("PRPs") to do or
pay for that work. PRPs may include current and former site owners
and operators, as well
