Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances
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Rule Summary
EPA is taking action to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers — as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.
CERCLA designation will help protect public health and the environment from potentially harmful exposure to these chemicals and will provide tools to hold polluters accountable. Designation enables cost recovery and enforcement authorities to address PFOA and PFOS releases, which ensures that the polluters pay for investigations and cleanup.
Designation will enable EPA (and other agencies with delegated CERCLA authority) to address more sites, take earlier action, and expedite eventual cleanup. It will also improve transparency around releases of these harmful chemicals.
The rule requires entities to immediately report releases of PFOA and PFOS that meet or exceed the reportable quantity to the National Response Center, state or Tribal emergency response commission, and the local or Tribal emergency planning committee (local emergency responders). Entities do not need to report past releases of PFOA or PFOS following the requirements of CERCLA section 103 and 111(g) or EPCRA section 304 if they are not continuing as of the effective date of the rule.
Other provisions require federal entities that transfer or sell their property to notify about the storage, release, or disposal of PFOA or PFOS on the property and include a covenant (commitment in the deed) warranting that it has cleaned up any resulting contamination or will do so in the future, if necessary, as required under CERCLA 120(h). Section 306 of CERCLA requires Department of Transportation to list and regulate these substances as hazardous materials under the Hazardous Materials Transportation Act.
CERCLA is designed to address and prioritize sites that present risk to human health and the environment and serves those communities that are most vulnerable to potential adverse health risks from exposure to contamination.
Rule History
The proposed designation of PFOA and PFOS as CERCLA hazardous substances was published on September 6, 2022. EPA sought public comment on the proposal for 60 days, the public comment period closed on November 7, 2022.