CERCLA Designation (PFAS)

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as “Superfund”), the EPA has designated PFOA and PFOS as hazardous substances. This designation means that releases of these PFAS above reportable quantities must be reported to the National Response Center, and responsible parties may be held liable for cleanup costs at contaminated sites. The Trump Administration (2025–) has retained these designations and is developing a framework for future PFAS hazardous substance designations that incorporates economic impact considerations.

CERCLA § 102(a); EPA Final Rule designating PFOA and PFOS as hazardous substances (2024); EPA PFAS Actions Summary (2026).

CERCLA designation has major financial implications. Any entity that contributed to PFAS contamination—including manufacturers, transporters, and facility operators—can face strict, joint and several liability for remediation costs. For manufacturers and importers of PFAS-containing products, this creates potential downstream liability if those products eventually contaminate soil or groundwater. The designation also affects property transactions, as CERCLA liability attaches to contaminated real estate.

A chemical company that manufactured PFOS-based coatings at a facility that later showed groundwater contamination could be held liable under CERCLA for the full cost of site remediation, even if the contamination occurred decades ago and multiple parties contributed. Recent settlements in the U.S. have reached billions of dollars.