- The U.S. EPA says it will defend its rule designating certain PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, according to a court document filed by the Justice Department on behalf of the EPA on Wednesday.
- The hazardous substance designation for two types of PFAS — PFOS and PFOA — was first set last year under the Biden administration. The National Waste & Recycling Association and other groups sued the EPA in 2024 over the matter, saying the designation unfairly exposes them to liability expenses because they are “passive receivers” that do not have control over PFAS-laden materials that enter their facilities.
- The EPA also said it intends to develop a new rule on how it might craft any future hazardous substance designations under CERCLA, including cost considerations. “The best, most enduring solution to this issue is a statutory fix to protect passive receivers from liability, which EPA would follow to the letter of the law,” the agency said.
EPA announces intent to defend PFAS hazardous substance designation | Waste Dive
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