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ARTICLE · 01 SEPTEMBER 2022

EPA Proposes Designating PFOA And PFOS As Hazardous Substances Under CERCLA

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The Environmental Protection Agency ("EPA") will accept public comments on its proposed regulation, which, if adopted, could increase reporting requirements and environmental cleanup costs for companies linked to these chemicals.

United StatesEnvironment
Kevin Holewinski
Kevin Holewinski
Thomas Donnelly
Thomas Donnelly
Daniella Einik
Daniella Einik
Daniel Corbett
Daniel Corbett
Mary McCauslin
Mary McCauslin
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The Environmental Protection Agency ("EPA") will accept public comments on its proposed regulation, which, if adopted, could increase reporting requirements and environmental cleanup costs for companies linked to these chemicals.

The EPA announced on August 26, 2022, a proposed rulemaking that would designate perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS"), including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") (the "Proposed Rule").

Per- and polyfluoroalkyl substances ("PFAS"), including PFOA and PFOS, are synthetic chemicals with wide commercial and industrial applications, including firefighting foams, greaseproof food wrapping, nonstick cookware, water-repellent fabrics, carpets, and textiles. In June 2022, the White House indicated that it would address the potential presence of PFAS in drinking water through

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