EPA Outlines Next Steps on PFOA and PFOS Cleanup
To guide future designations of hazardous substances, EPA plans to develop a CERCLA Section 102(a) Framework Rule.
Image via Buddy-Girl Designs from Getty Images
The U.S. Environmental Protection Agency (EPA) has announced its latest regulatory steps to address the cleanup of perfluorooctanodic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two substances within the broader class of per- and polyfluoroalkyl substances (PFAS) linked to widespread environmental and health concerns.
EPA Administrator Lee Zeldin stated the agency is maintaining the current designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The rule allows the federal government to identify potentially responsible parties for cleanup costs associated with these substances.
One issue raised during implementation is the potential liability of "passive receivers"—entities that did not manufacture or release PFOA or PFOS but may have received them in feedstocks, finished products, or waste. These entities can still face cleanup costs under CERCLA’s broad liability framework.
Zeldin acknowledged concerns raised by members of Congress and local municipalities, particularly in cases where local utilities or governments may be held liable and pass on costs to taxpayers or ratepayers. He emphasized that addressing this issue fully may require legislative action from Congress. The EPA has offered to assist lawmakers in developing any statutory language to clarify or limit liability for passive receivers.
To guide future designations of hazardous substances, EPA plans to develop a CERCLA Section 102(a) Framework Rule. This rule would standardize the process and criteria for identifying additional hazardous substances under CERCLA. It would include economic considerations such as potential costs to manufacturers, passive receivers, and broader economic impacts.
Section 102(a) of CERCLA grants EPA authority to designate hazardous substances not already identified under related environmental laws like the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, and Toxic Substances Control Act.
As part of ongoing litigation over the hazardous substance designation of PFOA and PFOS, the U.S. Department of Justice filed a court document on behalf of the EPA on September 17, 2025, affirming that the agency is retaining the existing rule.
EPA also continues its PFAS OUTreach Initiative (PFAS OUT), launched earlier in 2025, to assist public water systems with known PFAS contamination. This initiative provides technical assistance, funding resources, and compliance guidance to help communities upgrade their infrastructure to meet drinking water standards.
Previous efforts include a series of community engagement events, technical summits, and the 2019 PFAS Action Plan, which laid the groundwork for federal responses to PFAS-related issues through cross-agency collaboration and research.
Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!
