Broad PFAS Cleanup Liability Nears With Proposed EPA Rule (1)

Two “forever chemicals” would be designated hazardous substances under a rule the EPA proposed Friday that moves industries and federal facilities a step closer to strict liability to pay for their current or past releases of the compounds.

The Environmental Protection Agency’s proposed rule (RIN: 2050-AH09) would designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS) and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known also as Superfund. Both chemicals “may present a substantial danger to human health or welfare or the environment,” the agency said.

Both substances are no longer ...