Two PFAS Now Covered by Superfund, Boosting Liability Risk (2)

Two commonly detected and well-known PFAS are hazardous substances under the nation’s Superfund law, the EPA announced Friday, through a rule that’s intended to protect public health by cleaning up contaminated sites but expected to increase litigation.

The Environmental Protection Agency’s final rule (RIN: 2050-AH09) designates perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund law. The designation means both per- and polyfluoroalkyl substances (PFAS) can present a substantial danger to people and the environment, according to the EPA.

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