PFAS Enforcement Discretion And Settlement Policy Under CERCLA

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The designation allows the EPA to use its CERCLA enforcement authorities to address PFOA and PFOS contamination.

On April 19, 2024, the EPA issued a "PFAS Enforcement Discretion and Settlement Policy" regarding enforcement and settlement considerations that will inform the EPA's decisions to pursue or not pursue potentially responsible parties (PRPs) for response actions or costs under CERCLA to address the release or threatened release of PFOA and PFOS.

I. Enforcement Discretion