EPA Will Propose to Designate PFOA and PFOS as CERCLA Hazardous Substances – Update from Bergeson & Campbell, P.C.

The U.S. Environmental Protection Agency (EPA) announced on August 26, 2022, that it will propose to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), “two of the most widely used per- and polyfluoroalkyl substances (PFAS),” as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The proposal will include the salts and structural isomers of PFOA and PFOS. The rulemaking would require entities to report immediately releases of PFOA and PFOS that meet or exceed the reportable quantity (RQ). EPA will publish a notice of proposed rulemaking (NPRM) in the Federal Register “in the next several weeks,” beginning a 60-day comment period. EPA has posted a prepublication version of the NPRM. For more information on the proposed rule, please read the full memorandum.


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