PFAS Regulation: EPA Designates Two PFAS as Hazardous Substances Under CERCLA
On April 19, 2024, the US Environmental Protection Agency (EPA) issued a final rule that designates two PFAS chemicals – PFOA and PFOS – as ‘hazardous substances’ subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund). The rule will take effect under CERCLA, giving the EPA increased authority to investigate and respond to PFAS contamination and seek recovery of costs associated with cleanup efforts. The EPA sees the new rule as a significant step in its regulation of PFAS.