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ARTICLE · 26 SEPTEMBER 2022

EPA Takes First Step To Designate PFAS As Hazardous Chemical Under CERCLA

MG+M The Law Firm
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On August 26, 2022, the US Environmental Protection Agency (EPA) announced proposed rulemaking to designate two types of per

United StatesEnvironment
Carrie S. Lin
Carrie S. Lin
Max Swetman
Max Swetman

On August 26, 2022, the US Environmental Protection Agency (EPA) announced proposed rulemaking to designate two types of per- and poly-fluoroalkyl substances (PFAS) as "hazardous chemicals" under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

PFAS are a class of man-made chemicals widely used as surfactants in industrial and consumer products, including but not limited to: firefighting foam, cosmetics, clothing, cookware, and carpeting. They are known for their bio-persistence, and, unlike most other chemicals, do not "break down" in the human body when consumed. The EPA's proposal specifically applies to perfluorooctanoic acid (PFOA), and perfluorooctanessulfonic acid (PFOS), two of the most commonly used types of PFAS.

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