DEEP DIVE: U.S. EPA Adds Two PFAS to List of Hazardous Substances Under Superfund

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On 19 April 2024, the U.S. Environmental Protection Agency announced it finalized a rule that designates two widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

This final rule designates perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Superfund, requiring polluters to pay for the cost of cleaning up contamination related to PFOA and PFOS. As noted by EPA in a press release, “exposure to per- and polyfluoroalkyl substances (PFAS) has been linked to cancers, impacts to the liver and heart, and immune and developmental damage to infants and children.”