EPA Designates Two PFAS As CERCLA Hazardous Substances

New designations for PFOA and PFOS will trigger cleanups at numerous Superfund and other impacted sites

On April 19, the Environmental Protection Agencyfinalized the hazardous substances designationfor two per- and polyfluoroalkyl substances (PFAS), PFOA and PFOS, and their salts and structural isomers under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. EPA stated that the intent of the new rule is to help ensure that potentially responsible parties pay to clean up contamination.

Under the new rule, releases greater than 1 pound of PFOS or PFOA are required to be reported to the National Response Center as well as state, tribal, and local emergency responders within 24 hours. The rule also requires that federal entities transferring or selling property must notify purchasers of any storage, release, or disposal of PFOA or PFOS on the property and guarantee its past or future cleanup. The Department of