In an article published by PLI Chronicle, partner Stephanie Feingold discusses the US Environmental Protection Agency’s (EPA’s) release of a pre-publication proposed rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
She writes that, if enacted, the designation of PFOA and PFOS as hazardous substances will have both immediate and significant impacts across industries. The designation will provide the EPA with new tools to address and clean up per- and polyfluoroalkyl substance (PFAS) contamination, collect additional data on PFOA and PFOS through increased reporting and information-gathering authorities under CERCLA, and hold those responsible for releases accountable through CERCLA’s strict joint and several liability scheme.
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