EPA Provides Guidance On CERCLA Enforcement Discretion Policy For Certain PFAS

EPA held two listening sessions recently to announce its intention to draft a formal enforcement discretion policy that would shield certain PFAS (per- and polyfluoroalkyl substances) polluters from enforcement actions brought by the federal government under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or "Superfund" Act.

PFAS, also sometimes called "forever chemicals" because they do not naturally break down in the environment, are used in a number of manufacturing and industrial processes and consumer goods for their anti-stick, water-repellant and heat-resistant qualities. Exposure to high levels of PFAS has been tentatively linked to a number of adverse health effects, making PFAS—which encompass a class of several thousand different chemicals—a prime target for an ongoing federal regulatory push.