PFAS and Superfund: A Regulatory Milestone
EPA’s April 2024 designation of PFOA and PFOS as CERCLA hazardous substances marked a landmark expansion of Superfund authority. This designation unlocks federal cleanup authority and cost recovery tools for PFAS-contaminated sites across the country.
National Priority List and Evaluation Process
PFAS-contaminated sites are being evaluated for inclusion on the National Priority List (NPL) through the Hazard Ranking System (HRS). Sites with PFAS contamination of drinking water sources score highly on HRS, prioritizing those affecting community water supplies for federally funded cleanup.
Potentially Responsible Party Identification
CERCLA hazardous substance designation enables EPA to pursue cost recovery from potentially responsible parties (PRPs) including PFAS manufacturers, AFFF formulators, military contractors, and industrial users. PRP liability allocation is complex given the widespread historical use of PFAS products.
State Superfund Coordination
State Superfund programs—including New York’s State Superfund and Michigan’s Part 201 program—are coordinating PFAS site cleanups with federal CERCLA actions to leverage both funding streams and avoid duplicative regulatory oversight.