US EPA Designation of PFOA/PFOS as Hazardous Substances under CERCLA (Superfund Law)
ENFORCEMENT TIMELINE
Effective July 8, 2024 (triggering reporting obligations and cleanup liability)
Overview
A final rule under which EPA designated PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA / Superfund Law). It imposes a release reporting obligation above a threshold quantity (1 pound per 24 hours) and strict, joint-and-several, retroactive liability for past and present land and groundwater contamination, regardless of fault.
Enforcement Timeline
- April 19, 2024: EPA publishes the final rule designating PFOA/PFOS as hazardous substances under CERCLA
- July 8, 2024: Final rule takes effect
- Immediately: Reporting obligation to the federal National Response Center (NRC) takes effect for releases above 1 pound
Business Impact
Companies that own or operate facilities in the United States must conduct due diligence (environmental assessments) on PFOA/PFOS contamination risk tied to past operations or acquired land. If contamination is discovered, companies face the risk of being held liable for substantial cleanup costs regardless of fault.