Two PFAS Are Now Hazardous Substances Under CERCLA

The U.S. Environmental Protection Agency (EPA) continues to take significant action regarding the regulation of per- and polyfluoroalkyl substances or PFAS. On April 19, 2024, the EPA released its Final Rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which will allow EPA to use the full strength of CERCLA to address PFAS contamination.

The EPA's new rule requires: (1) 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); (2) notification by the U.S. Government when it transfers or sells certain properties of storage, release, or disposal of PFOA or PFOS on the property; and (3) regulation by the U.S. Department of Transportation (DOT) of PFOA and PFOS as hazardous materials under the Hazardous Materials Transportation Act. The rule will be effective 60 days after