EPA action designates two widely used PFAS as hazardous substances under the Superfund law, improving transparency and accountability to clean up PFAS contamination in communities
WASHINGTON – Today, April 19, 2024, the U.S. Environmental Protection Agency (EPA) is taking another step in its efforts to protect people from the health risks posed by exposure to “forever chemicals” in communities across the country. Exposure to per-and polyfluoroalkyl substances (PFAS) has been linked to cancers, impacts to the liver and heart, and immune and developmental damage to infants and children. This final rule 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 address PFOA and PFOS contamination by enabling investigation and cleanup of these harmful chemicals and ensuring that leaks, spills, and other releases are reported. This action builds on the recently finalized standards to protect people and communities from PFAS contamination in drinking water and represents the latest step the Biden-Harris Administration is taking to protect public health and welfare and the environment under EPA’s PFAS Strategic Roadmap and to prevent cancer before it starts through the Biden Cancer Moonshot.
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.