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ARTICLE · 10 MAY 2024

Forever Cercla: EPA Designates Certain PFAS As Hazardous Substances Under Superfund

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On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

United StatesEnvironment
Dawn M. Lamparello
Dawn M. Lamparello
David L Rieser
David L Rieser
B. David Naidu
B. David Naidu
Cliff L. Rothenstein
Cliff L. Rothenstein
Brian Montag
Brian Montag
Derek B. Kalbfleisch
Derek B. Kalbfleisch

On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.1EPA can now require past and future potentially responsible sources of PFAS contamination, and facility owners and operators of contaminated property, to investigate and remediate PFAS contamination and require them to pay for remedial investigations and cleanups.2It also allows persons who incur response costs at PFAS contaminated sites to recover their costs as well. Given that PFAS compounds are alleged to be ubiquitous and the designation applies to closed Superfund sites where the remedy has been completed, the impact of this rule could be extraordinary.

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