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ARTICLE · 02 FEBRUARY 2022

PFAS Update: CERCLA Listing For PFOA And PFOS Is One Step Closer

Bryan Cave Leighton Paisner
Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner

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On January 10, 2022, the U.S. Environmental Protection Agency ("EPA") submitted a proposed rule to the White House Office of Management and Budget ("OMB") to designate perfluorooctanoic acid ("PFOA")...

United StatesEnvironment
Thomas S. Lee
Thomas S. Lee
John R. Kindschuh
John R. Kindschuh
Elyse S. Voyen
Elyse S. Voyen

On January 10, 2022, the U.S. Environmental Protection Agency ("EPA") submitted a proposed rule to the White House Office of Management and Budget ("OMB") to designate perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS") as "hazardous substances" under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA").

The agency's proposal speaks to the current administration's continued priority of addressing per and polyfluoroalkyl substances ("PFAS") within the available statutory schemes.  A hazardous substances designation under CERCLA will have far-reaching effects that encompass both future release reporting requirements and obligations to clean up historic PFOS and PFOA contaminated soil and groundwater.     

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