EPA Rolls Out Proposed Rule to Designate PFOA and PFOS as Hazardous Substances under CERCLA

Today (August 26, 2022), EPA announced the release of the Agency’s pre-publication of a proposed rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.” If finalized, this CERCLA designation would require facilities to report on PFOA and PFOS releases of one pound or more within a 24-hour period. EPA intends this rulemaking to enhance the ability of federal, Tribal, state, and local authorities to obtain information regarding the location and extent of these releases. The designation would also allow EPA or other agencies to seek cost recovery or contributions for costs incurred for the cleanup. This action has been a high priority for EPA having been outlined in the Agency’s PFAS Strategic Roadmap. According to the roadmap, EPA expects to finalize the rule by the summer of 2023.

Once published in the Federal Register, which the Agency states will happen in the next several weeks, the public will have 60 days to provide comments.