PFAS Determined To Be Hazardous Substances Under Washington's Cleanup Law

With its decision to list per- and polyfluoroalkyl substances (PFAS) as hazardous substances under Washington's cleanup law, the Model Toxics Control Act (MTCA), the Department of Ecology ushers in a new era of uncertainty, and potential liability, at cleanup sites across the state. Ecology's decision followed on the heels of the Washington Department of Health's August 2021 proposed rule to set State Action Levels for five PFAS compounds in drinking water. The announcement, which was short on details, raises a host of compliance and liability questions:

• Will detection of any PFAS compounds at a facility be sufficient to trigger the reporting requirements under the state cleanup law?