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ARTICLE · 29 AUGUST 2022

EPA Releases Proposed Rule Designating Certain PFAS As CERCLA Hazardous Substances

Beveridge & Diamond, P.C.
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Today the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its long-awaited proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), ...

United StatesEnvironment
Nessa Horewitch Coppinger
Nessa Horewitch Coppinger
Jeanine L.G. Grachuk
Jeanine L.G. Grachuk

Establishes Criteria for Designation Under CERCLA §102(a)

Today the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its long-awaited proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). For the first time, EPA proposes to designate hazardous substances directly under CERCLA Section 102(a). If finalized as proposed, this action would mean that the federal CERCLA liability and cost recovery scheme will apply to PFOA and PFOS. In addition, any person in charge of a facility or vessel must report a release of 1 pound or more of PFOA or PFOS within a 24-hour period that does not fall within an exemption, such as federally permitted releases.

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