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ARTICLE · 30 APRIL 2024

EPA Designates Two PFAS As CERCLA Hazardous Substances

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U.S. Environmental Protection Agency ("EPA") has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact due to the chemicals' historical and ongoing use.

United StatesEnvironment
Abbi Cohen
Abbi Cohen
Paul LaFata
Paul LaFata
John Ix
John Ix
Marina Schwarz
Marina Schwarz

Key Takeaways

  • U.S. Environmental Protection Agency ("EPA") has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact due to the chemicals' historical and ongoing use.
  • The Hazardous Substance designation triggers mandatory release reporting and empowers the EPA to take action and recover cleanup costs, with cleanup expenses at non-federal NPL sites estimated by one commenter to reach $17.4 billion.
  • EPA's enforcement discretion policy focuses on major contributors to PFAS contamination while aiming to provide certain entities, like community water systems, with litigation and liability protections.

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