The U.S. Environmental Protection Agency (EPA) is taking another step to protect people from the health risks posed by exposure to PFAS, or also known as “forever chemicals.” The final rule on PFAS, issued by the EPA on April 10, will designate two widely used PFAS chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, and will help ensure that polluters pay to clean up their contamination.
This final action will enable investigation and cleanup of these harmful chemicals and ensure that leaks, spills, and other releases are reported. In addition to the final rule, EPA is issuing a separate CERCLA enforcement discretion policy that makes clear that EPA will focus enforcement on parties who significantly contributed to the release of PFAS chemicals into the environment, including parties that have manufactured PFAS or used PFAS in the manufacturing process, federal facilities, and other industrial parties.
EPA is taking this step to designate PFOA and PFOS under CERCLA because both chemicals meet the statutory criteria for designation as hazardous substances. Under the rule, entities are required to immediately report releases of PFOA and PFOS that meet or exceed the reportable quantity of one pound within a 24-hour period to the National Response Center, State, Tribal, and local emergency responders. The designation of PFOA and PFOS as hazardous substances under CERCLA enables the agency to use one of its strongest enforcement tools to compel polluters to pay for or conduct investigations and cleanup, rather than taxpayers. Designation is especially important as delay in addressing contamination allows PFOA and PFOS more time to migrate in water and soil, worsening existing contamination.
The final rule also means that federal entities that transfer or sell their property must provide notice about the storage, release, or disposal of PFOA or PFOS on the property and guarantee that contamination has been cleaned up or, if needed, that additional cleanup will occur in the future. It will also lead the Department of Transportation to list and regulate these substances as hazardous materials under the Hazardous Materials Transportation Act.
EPA’s Superfund program has worked effectively for more than 40 years to target and prioritize cleanups of the nation’s most contaminated sites that present unacceptable risks to human health and the environment. The Superfund program addresses more than 800 hazardous substances, including widespread, highly mobile, and persistent chemicals, like PFOA and PFOS. The program also promotes safer industrial practices that enhance community protections by reducing the likelihood of future releases. Additionally, cleanups allow communities to put land back into productive use, providing opportunities for jobs and economic growth.
In addition, EPA’s enforcement policy, consistent with EPA’s past practice over decades of implementing the law, will provide additional clarity on the agency’s intent not to pursue certain parties such as farmers, municipal landfills, water utilities, municipal airports, and local fire departments, where equitable factors do not support seeking CERCLA cleanup or costs. EPA has a proven track record of developing and applying enforcement discretion policies that are effective and well-received by stakeholders, ensuring entities that have contributed significant contamination are held accountable.
EPA will publish the Final Rule in the Federal Register shortly. The rule will be effective 60 days after the rule is published in the Federal Register.
Read more about the CERCLA final rule here.
Read EPA’s CERCLA Enforcement Discretion Policy here.
Read more about EPA’s strategy to address PFAS here.
Read more about EPA’s Superfund program here.
Read more about the Superfund Enforcement Program here.
Capital Strategic Solutions offers comprehensive support to water utilities in managing communication about emerging contaminants like PFAS to their consumers. Recognizing the complexities and concerns associated with these substances, our services include the operation of dedicated hotlines and the monitoring of emails, providing a direct channel for addressing consumer inquiries and concerns promptly.
Additionally, we specialize in crafting clear and informative social media posts and news releases, designed to educate the public about PFAS and related health implications. By ensuring consistent and accurate communication, Capital Strategic Solutions plays a crucial role in building trust between water utilities and the communities they serve, facilitating a transparent dialogue about water safety and the measures being taken to protect public health.
For more information about Capital Strategic Solutions PFAS support offerings, email us at info@capital-strategic-solutions.com.