JD Supra by Walter Wright, Jr
Washington, DC – EPA has proposed to designate certain PFAS as Comprehensive Environmental, Response, and Liability Act (“CERCLA”) hazardous substances. Designation of PFAS as a CERCLA hazardous substance would trigger corresponding requirements such as application of the potentially responsible liability categories (i.e., current owner or operator, former owner or operator [in certain circumstances], transporter [in certain circumstances], and generators) and hazardous substance release reporting requirements (if reportable quantities are released). Concerns have been expressed by various interest groups, including landfills, that they would be unfairly encompassed and subject to Superfund liability/reporting requirements. For the full text, click here.