EPA outlines next steps on PFOA and PFOS cleanup under CERCLA

U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency will retain its designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) while moving forward with new rulemaking to create a framework for future designations.

The designation, effective since July 2024, carries strict liability for entities that released the chemicals, though EPA acknowledged ongoing concerns about “passive receivers” such as municipalities and utilities that did not generate PFAS but may still face cleanup costs. Zeldin emphasized the need for congressional action to protect these entities, which often pass costs onto ratepayers and taxpayers.

EPA will develop a CERCLA Section 102(a) Framework Rule to guide how the agency considers future hazardous substance listings and their economic impacts. In parallel, the agency is continuing its PFAS OUTreach Initiative to connect public water systems with resources, funding, and technical assistance for compliance with PFAS drinking water standards.