EPA Indicates Increased Scrutiny For PFAS In Recent Regulatory Steps

Lately, there have been numerous major developments related to increased regulation of polyfluoroalkyl substances (PFAS).

First, on January 14, 2021, on the eve of President Biden's inauguration, the Environmental Protection Agency (EPA) issued an advance notice of proposed rulemaking, seeking comment on whether perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) should be regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). This will likely lead to the designation of PFOA and PFOS as "hazardous substances" under CERCLA and RCRA. Such a designation will likely lead to EPA and state agencies taking more aggressive action to investigate and identify new sites where per- and polyfluoroalkyl substances (PFAS) may be a concern. The EPA may also review the status of existing sites where PFAS concerns were not addressed in previous investigations or response