In recent developments, the Environmental Protection Agency (EPA) has been pursuing the authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), also known as the Superfund Act. The announcement was made in the earlier parts of 2022, and it marks a significant step towards expanding PFAS Regulations.
As noted in a recent post from JD Supra, this process moved forward significantly on August 12, 2022 when the Office of Management and Budget approved the EPA’s plan to designate certain PFAS types — more specifically, PFOA and PFOS (perfluorooctanoic acid). This decision is a crucial stepping stone in the overall CERCLA PFAS designation effort.
The move towards classifying PFAS as hazardous under the CERCLA could have far-reaching implications for legal professionals, particularly those dealing in environmental law and regulatory compliance. The classification would likely lead to more stringent reporting requirements and potentially significant liabilities for corporations releasing such substances into the environment.
The PFAS designation effort by the EPA reflects a more extensive push by the agency to regulate these widely used chemicals, amid growing concerns about their potential impact on human health and the environment. It should be noted, however, that even as it seeks to expand regulation on PFAS, the EPA has decided not to enforce the rules against certain groups. The specifics around which groups are exempt from enforcement are yet to be clarified.
Given the potentially significant implications of these regulations, it’s crucial for legal professionals to stay informed and understand the possible impacts on their clients.