EPA designates PFOA, PFOS as hazardous substances under CERCLA

The U.S. Environmental Protection Agency (EPA) on Friday finalized more regulatory action on PFAS as it moved to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

EPA also released a corresponding enforcement discretion policy memo stating that the agency intends to focus enforcement on parties who significantly contributed to the release of PFAS chemicals into the environment, including parties that have manufactured PFAS or used PFAS in the manufacturing process, federal facilities and other industrial parties. EPA said it intends "not to pursue certain parties" such as farmers, municipal landfills, water utilities, municipal airports and local fire departments, where equitable factors do not support seeking CERCLA cleanup or costs.