EPA Designates Two PFAS Chemicals As Hazardous Substances Under CERCLA

The U.S. Environmental Protection Agency (EPA) on April 19, 2024 finalized a new rule designating two widely used PFAS chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), also known as Superfund. Specifically, the newly designated substances are perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS"). The new rule could impose huge financial liabilities on major chemical manufacturers and users of these substances, making them potentially liable for the remediation of contaminated sites. The EPA also stated that it will focus its enforcement on parties who significantly contributed to the release of PFAS chemicals into the environment, including parties that have manufactured PFAS or used PFAS in the manufacturing process, federal facilities, and other industrial parties. The EPA's action follows its recent establishment of stringent federal drinking water standards for