New Legislation Labels all PFAS as “Hazardous Substances” under CERCLA
In March 2019, a group of senators introduced legislation to classify all Per- and Polyfluoroalkyl Substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). If this bill is approved, cleanups pertaining to PFAS chemicals will be “eligible for CERCLA cleanup funds and cost recovery actions.”
This motion depicts the continuing efforts to increase PFAS regulation nationwide. In November 2017, the California Office of Environmental Health Hazard Assessment added two types of PFAS, Perfluorootanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS), to the list of chemicals possessing reproductive toxicity that businesses must warn consumers about under Proposition 65.
Since then, there have been a number of proposals and plans created to regulate PFAS. In February 2019, the Environmental Protection Agency (EPA) introduced its PFAS Action Plan.
Following EPA’s Action Plan, several states—including California—drafted legislation to address PFAS concerns. California sought to identify PFAS discharges and to obtain drinking water data across the state. In order to accomplish this, the California State Water Resources Control Board announced a “PFAS Phased Investigation Plan” in early March 2019.
The California Environmental Attorneys at Bick Law LLP will continue to monitor the initiatives taken to regulate Per- and Polyfluoroalkyl Substances.