PFOA And PFOS Become Hazardous Substances CERCLA Effective July 8

On May 8, 2024, the U.S. Environmental Protection Agency published its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) — as hazardous substances. The designation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) takes effect on July 8, 2024.

The Final Rule designating PFOA and PFOS as hazardous substances imposes several new reporting obligations. As discussed in greater detail here, the EPA's new rule requires the following:

• Reporting and notification of releases of PFOA or PFOS, their salts, or structural isomers above the reportable quantity (one pound within a 24-hour period);