US polluters will pay for PFAS contamination cleanup following EPA ruling

PFAS polluters have been targeted by new legislation introduced by the US labelling two widely used forever chemicals as hazardous substances.

The legislation builds on recent regulatory standards from the US Environmental Protection Agency (EPA) setting the maximum contaminant levels for the two PFAS – perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) – in drinking water.

PFOA and PFOS, which the EPA said may pose substantial danger to public health and the environment, will now be labelled as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

Michael S Regan, EPA administrator, said: “Designating these chemicals under our Superfund authority will allow EPA to address more contaminated sites, take earlier action, and expedite cleanups, all while ensuring polluters pay for the costs to clean up pollution threatening the health of communities.”

Reckoning for polluters

The EPA is also issuing a CERCLA enforcement discretion policy that targets parties that have significantly contributed to the release of PFAS – short for per- and polyfluoroalkyl substances. This includes PFAS manufacturers, those who have used PFAS in their production, federal facilities, and other industrial parties.

These bodies will be required to report the release of PFOA and PFOS that meet or exceed the reportable quantity of 1 lb within a 24-hour period to the National Response Center, State, Tribal, and local emergency responders.

Farmers, municipal landfills, water utilities, municipal airports, and local fire departments will not be affected by the rules as the EPA said CERCLA cleanup and costs would not be required for these entities.

The final rule will be published in the US Federal Register “shortly” and will be effective 60 days after publication.