Since early 2022, the Environmental Protection Agency has pursued authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), also known as the Superfund Act.
On August 12, 2022, the CERCLA PFAS designation effort advanced significantly when the Office of Management and Budget approved the EPA’s plan to designate PFOA and PFOS — perfluorooctanoic acid (PFOA) and perfluoroctane sulfonic acid (PFOS) — as hazards. This opened the door for the EPA …
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