Proposed EPA Rule Would Designate Two PFAS Chemicals As Hazardous Substances Under CERCLA

On August 26, the EPA published a proposed rule that would designate PFOS and PFOA chemicals as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund").

According to the EPA, the proposed rule would "increase transparency around releases of these harmful chemicals and help to hold polluters accountable for cleaning up their contamination." If the rule is adopted, chemical manufacturers, end users and other responsible parties would be required to immediately report releases of PFOA and PFOS that meet or exceed the reportable quantity to the National Response Center, the appropriate state or Tribal emergency response commission, and local or Tribal emergency responders.