EPA classifies PFOA and PFOS as hazardous substances under CERCLA, Announces Policy on CERCLA Enforcement Discretion

The Environmental Protection Agency released the pre-publication rule that makes perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)on 19th April, 2024. This decision enables stricter reporting and cleanup enforcement, transferring cleanup costs to responsible parties under CERCLA's liability provisions. The rule requires immediate reporting of releases over one pound within 24 hours and affects various industries beyond chemical manufacturers, including federal agencies involved in property transfers. Alongside this rule, the EPA issued a PFAS Enforcement Discretion and Settlement Policy to moderate enforcement based on specific equitable factors, thus focusing on significant contributors to PFAS pollution.