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ARTICLE · 12 SEPTEMBER 2022

EPA Designates PFOS And PFOA As Hazardous Substances

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On September 6, the United States Environmental Protection Agency (EPA) issued a notice of proposed rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...

United StatesEnvironment
Renee M. Knudsen
Renee M. Knudsen
Matthew Thurlow
Matthew Thurlow
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On September 6, the United States Environmental Protection Agency (EPA) issued a notice of proposed rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).1 PFOA and PFOS are long-chain per- and polyfluoroalkyl substances (PFAS) with numerous oil-resistant, grease-resistant and water-resistant applications. PFOS and PFOA were voluntarily phased out of production by chemical manufacturers in the United States in 2002 and 2015. But they are now at the center of the EPA's and the Biden administration's PFAS regulatory efforts. PFOA and PFOS have been the subject of new health advisory levels (HALs) and proposed maximum contaminant limits (MCLs) under the Safe Drinking Water Act, proposed regulation as hazardous wastes under the Resource Conservation and Recovery Act (RCRA), and potential designation as

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