As we have previously reported here and here, EPA has designated perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). These designations became effective today, July 8, 2024. As a result of the hazardous substance designation, EPA has its full enforcement authority under CERCLA to compel remedial investigations and remediation actions of PFOA and PFOS, private parties have a CERCLA contribution action to recover response costs incurred to address PFOA and PFOS, Phase I Environmental Site Assessments under ASTM E-1527 will now consider the presence or likely presence of PFOA and PFOS in evaluating for recognized environmental conditions (“REC”), and any release of PFOA or PFOS exceeding its reportable quantity (presumed to be one pound within a 24-hour period) must be reported to the National Response Center. The U.S. Chamber of Commerce and two other trade groups have challenged EPA’s hazardous substance designation of these PFAS and the appeal is currently pending, Chamber of Com. v. EPA, D.C. Cir., No. 24-01193, petition 6/10/24.
Check back for updates on the status of the appeal.