The Environmental Protection Agency (EPA) has made a significant move under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. Perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and structural isomers, two widely used per- and polyfluoroalkyl substances (PFAS), are now designated as hazardous substances.

Reporting Requirements

Under the newly enacted rule, organizations are mandated to promptly notify relevant authorities upon discharging PFOA and PFOS equal to or exceeding the reportable quantity. This includes informing the National Response Center, state or tribal disaster response commissions, local or tribal emergency planning committees, and local emergency responders.

Exemption Clause

Entities not operational at the time of the rule's implementation are exempt from reporting prior discharges of PFOA or PFOS as per CERCLA sections 103 and 111(g), or EPCRA section 304.

Protecting the Environment and the Public Health

The CERCLA designation of PFOA and PFOS as hazardous substances serves to defend the environment and public health against potential chemical hazards. Additionally, it equips authorities with the necessary tools to hold accountable those responsible for any environmental contamination or harm caused by these substances. This regulatory action underscores the EPA's commitment to safeguarding both environmental integrity and public well-being.