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Designations of Superfund Sites May Drive PFAS Legal Actions and Enforcement

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The U.S. Environmental Protection Agency has taken a significant step in the fight against toxic chemicals by designating two commonly used “forever chemicals” as hazardous substances under the federal Superfund law. The move aims to clean up properties across the United States contaminated with these toxic compounds.

The two specific per- and polyfluoroalkyl (PFAS) compounds, PFOA and PFOS, have been widely used in various commercial and consumer products, including semiconductors, firefighting foams, and stain-resistant fabrics. These chemicals, known as forever chemicals, do not easily break down in the environment or the human body and have been linked to serious health concerns, including cancer.

The EPA’s rule, issued under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), requires companies and others to report leaks and assist in cleaning up sites contaminated with PFOA and PFOS. While the chemical industry claims that these chemicals have not been produced in the U.S. for nearly a decade, environmental groups argue that they are still present in imported products and industrial byproducts.

The Superfund designations do not ban the use of PFOA and PFOS, but they hold companies accountable for cleaning up contaminated sites. The EPA has identified at least 180 existing Superfund sites with PFAS contamination, many of which are military bases or landfills.

Legal challenges to the Superfund designation are expected, with industry groups and business organizations likely to file lawsuits. The EPA’s aggressive regulation of PFAS marks a significant step in protecting public health and the environment from these harmful chemicals.

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