Gillibrand Applauds EPA Proposal To Designate Two PFAS Chemicals As Hazardous Substances Under Superfund

WASHINGTON, DC – U.S. Senator Kirsten Gillibrand is applauding the Environmental Protection Agency’s (EPA) proposal to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.”

Gillibrand has long been one of the leaders in the Senate fighting to protect communities exposed to PFAS contamination, and continues to push the EPA to expand and strengthen regulatory efforts outlined in its PFAS roadmap. EPA’s proposed designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances is a critical action to increase transparency and hold polluters accountable for their PFAS discharges.

“EPA’s announcement is an important step in addressing PFAS contamination and protecting the health of all Americans. Designating PFOA and PFOS as hazardous substances would not only ensure that communities are better informed about dangerous PFAS releases, but it would also allow polluters to be held accountable for their actions,” said Senator Gillibrand. “I have long advocated for this designation, so it is great to see that EPA is finally starting the rulemaking process. I look forward to further implementation of the PFAS Strategic Roadmap, and I will keep fighting to remedy PFAS contamination on all fronts.”

If this designation is finalized, releases of PFOA and PFOS that meet or exceed the reportable quantity would have to be reported to the National Response Center, state or Tribal emergency response commissions, and the local or Tribal emergency planning committees. A release of these or any other hazardous substance will not always lead to the need to clean up or add a site to the National Priorities List (NPL), liability or an enforcement action.

EPA anticipates that a final rule would encourage better waste management and treatment practices by facilities handling PFOA or PFOS. The reporting of a release could potentially accelerate privately financed cleanups and mitigate potential adverse impacts to human health and the environment.

Additionally, the proposed rule would, in certain circumstances, facilitate making the polluter pay by allowing EPA to seek to recover cleanup costs from a potentially responsible party or to require such a party to conduct the cleanup. In addition, federal entities that transfer or sell their property will be required to provide a notice about the storage, release, or disposal of PFOA or PFOS on the property and a covenant (commitment in the deed) warranting that it has cleaned up any resulting contamination or will do so in the future, if necessary, as required under CERCLA 120(h).

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