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New designations for PFOA and PFOS will trigger cleanups at
numerous Superfund and other impacted sites
On April 19, the Environmental Protection Agencyfinalized the hazardous substances
designationfor two per- and polyfluoroalkyl substances (PFAS),
PFOA and PFOS, and their salts and structural isomers under the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), also known as Superfund. EPA stated that the intent
of the new rule is to help ensure that potentially responsible
parties pay to clean up contamination.
Under the new rule, releases greater than 1 pound of PFOS or
PFOA are required to be reported to the National Response Center as
well as state, tribal, and local emergency responders within 24
hours. The rule also requires that federal entities transferring or
selling property must notify purchasers of any storage, release, or
disposal of PFOA or PFOS on the property and guarantee its past or
future cleanup. The Department of Transportation will also list and
regulate these substances as hazardous materials under the
Hazardous Materials Transportation Act.
More and potentially costly site cleanups
PFAS have been used historically in a wide variety of industrial
and commercial facilities, meaning this rule is applicable to a
large number of sites. Currently, EPA has identified180 Superfund sites with PFAS
contamination. This will likely increase as existing sites are
required to investigate and clean up PFOS and PFOA and as newly
discovered sites are added. In addition, the hazardous substances
designation will likely impose significant costs at Superfund sites
since thenew maximum contaminant levels (MCLs) for PFOS and
PFOAare orders of magnitude lower than those for currently
regulated drinking water contaminants.
Some relief for selected entities that handle PFAS
EPA also issued aPFAS Enforcement Discretion and
Settlement Policy Under CERCLA, stating that the agency would
not seek response costs or actions under CERCLA for the following
entities:
- Community water systems and publicly owned treatment works
(POTWs) - Municipal separate storm sewer systems (MS4s)
- Publicly owned/operated municipal solid waste landfills
- Publicly owned airports and local fire departments
- Farms where biosolids are applied to the land
The Enforcement Discretion and Settlement Policy does not
protect water utilities or other entities listed above from
third-party suits related to PFAS contamination unless they settle
with EPA under CERCLA.
Potential impacts on wastewater and the application of
biosolids that may contain PFAS
PFOS and PFOA have been detected in approximately12% of drinking water
suppliesacross the U.S., and they arefrequentlydetected in
wastewater. EPA plans on further assessing POTWs with
industrial inputs, focusing on 200-300 facilities identified in its
national wastewater survey. Furthermore, treatment waste streams
from normal POTW operations, such as biosolids, may contain PFOS or
PFOA that would be subject to this rule and may result in higher
treatment costs. The application of biosolids on agricultural lands
may be at risk if PFOS and PFOA are present in the biosolids.
The new rule will become effective 60 days after its publication
by EPA in the Federal Register.
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guide to the subject matter. Specialist advice should be sought
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