EPA Proposes PFAS Hazardous Substance Designation

In a highly controversial move, on Sept. 6 the Environmental Protection Agency (EPA) published its notice for a proposed federal rule to designate two specific "forever chemicals" – PFOA and PFOS – as "hazardous substances" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. Parties have 60 days to submit comments. EPA will take those comments under consideration for development of a final rule, expected in late 2023.

PFOA and PFOS are specific forms of a broad class of man-made chemicals known as per- and polyfluoroalkyl substances (PFAS). PFAS are known for their durability, heat resistance and waterproof qualities, and were developed for countless industrial and consumer goods applications going back to the 1940s. Certain scientific studies have shown specific PFAS such as PFOA and PFOS to be persistent in the environment and toxic to humans and animals. In recent years, the EPA has taken significant