The U.S. Environmental Protection Agency (EPA) announced on September 17, 2025, its next steps regarding regulatory efforts to address cleanup of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). On May 8, 2024, EPA designated PFOA, PFOS, and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under the rule, entities are required to report immediately releases of PFOA and PFOS that meet or exceed the reportable quantity (RQ) of one pound within a 24-hour period to the National Response Center (NRC), state, Tribal, and local emergency responders. In its September 17, 2025, announcement, EPA states that it is retaining the CERCLA hazardous substance designation for PFOA and PFOS and intends to develop a CERCLA Section 102(a) Framework Rule going forward. According to EPA, the Framework Rule "will provide a uniform approach to guide future hazardous substance designations, including how the agency will consider the costs of proposed designations." When EPA announced its final rule in 2024, it also issued a separate PFAS Enforcement Discretion and Settlement Policy Under CERCLA (CERCLA Enforcement Discretion Policy) "that makes clear that EPA will focus enforcement on parties who significantly contributed to the release of [per- and polyfluoroalkyl substances (PFAS)] ... into the environment, including parties that have manufactured PFAS or used PFAS in the manufacturing process, federal facilities, and other industrial parties." EPA notes in its announcement that "[t]he best, most enduring solution to this issue is a statutory fix to protect passive receivers from liability, which EPA would follow to the letter of the law. EPA stands ready to provide technical assistance to Congress as requested on this issue."
EPA states that CERCLA Section 102(a) gives it the authority to designate additional hazardous substances beyond those substances listed under the other statutes referenced in CERCLA (the Clean Water Act (CWA), the Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA), and the Toxic Substances Control Act (TSCA)). According to EPA, "[t]he Biden-Harris Administration failed to provide this certainty and instead took steps to potentially designate other PFAS chemistries under CERCLA without first establishing the rules of the road. Once finalized, the 102(a) Framework Rule will provide a uniform approach to guide future designations." More information on EPA's 2024 final rule is available in our April 23, 2024, memorandum.
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