On the morning of August 26, 2022, the EPA released its
proposed rule to designate two per- and polyfluoroalkyl
substances (PFAS), perfluorooctanoic acid (PFOA) and
perfluorooctanesulfonic acid (PFOS), as hazardous substances under
the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA).
Listing PFOA and PFOS as CERCLA hazardous substances will have
broad impacts on current, future, and potentially past remediation
sites. The proposed rule would require entities to immediately
report releases of PFOA and PFOS that meet or exceed a reportable
quantity of one pound in a 24-hour period to the appropriate
regulatory agency, and it explains that the EPA may adjust the
reportable quantity after collecting and analyzing more data on the
substances.
