Two New Hazardous Substances: The Impact of Listing PFOA and PFOS under CERCLA

Arnold & Porter – Consistent with EPA’s PFAS Strategic Roadmap, the Environmental Protection Agency  has made its first substantive move towards adding PFAS (per- or polyfluoroalkyl substances) to the list of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). On September 6, 2022, EPA published a proposed rule designating two PFAS legacy chemicals—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as CERCLA hazardous substances.