PFAS Enforcement Discretion and Settlement Policy Under CERCLA

PFAS Enforcement Discretion and Settlement Policy Under CERCLA | US EPA

Memorandum provides direction about how the EPA will exercise its enforcement discretion under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in matters involving per- and polyfluoroalkyl substances (PFAS). The memorandum describes how EPA will focus on holding responsible entities who significantly contributed to the release of PFAS contamination into the environment, including parties that have manufactured PFAS or used PFAS in the manufacturing process, federal facilities, and other industrial parties.

The policy also reflects that EPA does not intend to pursue entities where equitable factors do not support seeking response actions or costs under CERCLA, including farmers, municipal landfills, water utilities, municipal airports, and local fire departments*. Issued: April 19, 2024

PFAS Enforcement Discretion Settlement Policy Under CERCLA (pdf) (372.5 KB, 4/19/2024)

On April 19, 2024, the EPA announced that it was designating two types of PFAS, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as CERCLA hazardous substances. Information regarding the rulemaking is available from the Agency’s Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances web page. 

* Editor’s highlights