Deeb Quoted on EPA Proposal to Designate PFAS Chemicals Under CERCLA

Partner Dan Deeb discussed how companies may be impacted by the US Environmental Protection Agency’s proposal to designate two PFAS chemicals as hazardous under CERCLA, the first time the agency has made a new designation regarding any PFAS compounds.

If passed, the EPA and state agencies could apply the law to recover costs from companies deemed as polluters, as well as to reopen some remediated sites that contain significant levels of Per- and Polyfluoroalkyl substances.

“If you have new contaminant data and there’s reason to believe your site contains a compound that wasn’t previously listed, then, absolutely those can be reopened,” Dan said.

The EPA has signaled the agency may be considering future federal regulations under CERCLA, asking for input on other PFAS chemicals that could be designated as hazardous.

“The trend here is certainly for further regulation, and I would be very surprised if we’re not just seeing the tip of the iceberg now,” Deeb said.

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