PFAS Update: EPA Proposed Listing PFOS and PFOA as CERCLA Hazardous Substances

JDSupra National

EPA announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”).  This designation will affect remediation efforts, notification requirements, and due diligence activities and will have ripple effects across many state regulations that reference CERCLA Hazardous Substances. The public comment period will remain open until November 7, when EPA will issue an Advanced Notice of Public Rulemaking. For the full text and access to the Federal Register comment page, click here.