EPA Plans to Propose Listing PFOA and PFOS as Hazardous Substances

At a meeting of the Environmental Council of the States on April 9, U.S. Environmental Protection Agency Acting Director of the Office of Groundwater and Drinking Water Jennifer McLain announced that the EPA is planning to propose hazardous substance designations for two types of per- and polyfluoroalkyl substances (PFAS): PFOA and PFOS.

The designation, expected to be proposed by the end of the year, would designate PFOA and PFOS as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund.

A designation of the chemicals as hazardous under the Superfund law would increase liability for the makers and users of PFOA and PFOS and place increased priority on cleanup of contaminated sites.

Designating PFOA and PFOS as hazardous substances was one of the four key parts of the EPA’s PFAS Action plan announced nearly a year ago. Pushing for the designation has been a key part of NGWA’s advocacy on PFAS and was also pushed by Congress with legislation introduced to require this designation be made.