With several bills being introduced in Congress, there has been speculation on what the future holds for PFAS and what we should expect to see happening at the federal level. These new bills are now in conference and the House wants the federal EPA to act more quickly on PFAS.
"Neither Congress nor the U.S. EPA has yet designated PFAS (individually or as a class) as hazardous substances under CERCLA," Environment Partner Amy Edwards said. "Such a designation if/when it happens will trigger Superfund liability and cleanup requirements for PFAS at Superfund sites. It is worth noting that at least three states (NY, CO, NM) have designated some PFAS as hazardous substances or toxic substances. The EPA has also initiated the regulatory process for listing PFOA and PFOS as CERCLA hazardous substances, in accordance with the 2019 EPA PFAS Action Plan."
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