The EPA has announced that it will host two public listening sessions \u201cto seek individual input on concerns about enforcement under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for per- and polyfluoroalkyl substances (PFAS) contamination.\u201d<\/p>\n
According to the EPA\u2019s announcement, the sessions will focus on \u201cenforcement policy related to responsible parties\u2019 financial obligations under PFAS contamination response actions.\u201d\u00a0 The input will be considered by the Agency in drafting a CERCLA PFAS enforcement discretion policy.\u00a0 That policy is intended to clarify when EPA intends to use its CERCLA enforcement authorities or its CERCLA enforcement discretion, to the extent PFAS cleanup enforcement efforts occur under CERCLA.\u00a0 According to the EPA:<\/p>\n
The policy will take into account various factors, such as EPA\u2019s intention to focus enforcement efforts on PFAS manufacturers and other industries whose actions result in the release of significant amounts of PFAS into the environment, and EPA\u2019s intention to not focus on pursuing entities where factors do not support taking an enforcement action.<\/p><\/blockquote>\n
The announcement does not provide any insight into what the EPA considers to be \u201csignificant amounts of PFAS\u201d or what other \u201cvarious factors\u201d will be considered when deciding whether to take an enforcement action.\u00a0 Presumably, these factors will be discussed at the listening sessions.<\/p>\n
These listening sessions are not intended to seek comment on EPA\u2019s perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) hazardous substance designation rulemaking process. That rulemaking comment period has closed.\u00a0 The EPA has yet to issue a final rule on the matter, although the fact that EPA is working on a CERCLA PFAS enforcement discretion policy hints that the rule may be coming soon.<\/p>\n
The sessions are scheduled for Tuesday, March 14, 2023 from 1:00 p.m. to 3:00 p.m. (EST) and Thursday, March 23, 2023, from 10 a.m. to noon (EST).\u00a0 <\/strong>The sessions will also be recorded and made available on the EPA\u2019s enforcement webpage.<\/p>\n