U.S. Environmental Protection Agency (EPA) Retains PFOA and PFOS CERCLA Hazardous Substance Designation, Announces Framework Rule to Guide Future Listings

"The U.S. Environmental Protection Agency (EPA) confirmed it will maintain the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The designation, effective since July 8, 2024, remains in place as the Department of Justice filed a court brief on EPA’s behalf in ongoing litigation. While enforcing the rule, EPA highlighted ongoing concerns about “passive receivers” entities such as municipalities or utilities that did not manufacture PFAS but may still face costly cleanup liability. Administrator Lee Zeldin urged Congress to enact statutory protections for these parties while reaffirming EPA’s commitment to disciplined, evidence-based regulatory actions. EPA will initiate rulemaking to develop a CERCLA Section 102(a) Framework Rule that will establish a uniform process for designating hazardous substances. The framework will clarify how EPA considers costs and impacts before listing additional substances beyond those identified in existing environmental laws. This approach aims to provide greater certainty for regulated industries, municipalities, and consumers. The announcement builds on EPA’s long-running PFAS initiatives, including its PFAS OUTreach Initiative (PFAS OUT), national leadership summits, community engagement, and the PFAS Action Plan, all designed to hold polluters accountable while ensuring safe drinking water and protecting public health."