CERCLA PFAS Enforcement Listening Sessions

CERCLA PFAS Enforcement Listening Sessions | US EPA

The U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) hosted two public listening sessions on March 14 and 23, 2023, to seek individual input on concerns about enforcement under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for per- and polyfluoroalkyl substances (PFAS) contamination. The deadline to submit written input closed on March 31, 2023. The input received will be reviewed and considered by EPA in drafting a CERCLA PFAS enforcement discretion policy. 

Key takeaways:

  • EPA will focus enforcement efforts on federal facilities, including military bases, and manufacturers
  • EPA proposes exempting from CERCLA liability State, tribal, or municipal airports, and tribal or local fire departments, in exchange for full cooperation with investigations.

The first is good news for residents near Ault Field and OLF whose water has been contaminated by firefighting activities at these Navy facilities, and the second for others whose water may have been contaminated by non-military firefighting activities.

Recordings of the sessions can be found here:

View the March 14 and March 23, 2023 listening session recordings:

Download the Agency’s PowerPoint presentation prepared for the March 14 and March 23, 2023 sessions: