EPA's PFAS Enforcement Discretion And Settlement Policy Under CERCLA

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA followed up by issuing a memorandum on April 19, 2024, "PFAS Enforcement Discretion and Settlement Policy Under CERCLA" (Policy), setting forth how it intends to enforce the new CERCLA designations.

EPA to Focus on "Major PRPs"

The Policy provides that EPA will enforce its authority "consistent with CERCLA's objectives" by focusing its efforts on parties that have played a "significant role" in releasing or exacerbating the spread of PFAS into the environment. As examples, the Policy lists those who have manufactured PFAS or used PFAS in the manufacturing process, and other industrial parties. For purposes of the Policy, these parties are