Current Status
The Biden administration finalized a rule designating two common PFAS chemical sub-types as hazardous substances under CERCLA. Industry and trade associations challenged that rule in the DC Circuit. After review, the Trump administration has decided to retain the rule.
Why it Matters
PFAS, often called “forever chemicals,” are a family of synthetic chemicals featuring a strong carbon fluorine bond that makes the chemicals extremely durable. Over 26,000 sites in the US, including 126 military facilities, are contaminated with PFAS according to recent studies. At high levels of exposure, PFAS have been shown to cause serious human health problems.
CERCLA provides EPA broad authority to order, conduct, and recover costs for the cleanup of hazardous substances. EPA’s designation of two PFAS as hazardous substances grants the agency full use of CERCLA’s authority to address PFAS contamination, including the use of the Superfund Trust to pay for PFAS cleanups when no liable parties responsible for the contamination exist. The Superfund Trust is a government account funded by a levy on the chemical industry.
Key Resources
Timeline
Sept. 17, 2025 EPA told a federal court of appeals that it has completed its review of the Biden-era designation of PFOA and PFOS as hazardous substances under CERCLA and has decided to keep the rule in place. Briefing in the case involving challenges to the rule will likely now continue. Chamber of Commerce of the United States of America v. EPA, No. 24-01193 (D.C. Cir.).
April 28, 2025 EPA announced it intends to address PFAS contamination. EPA also stated that it will work with Congress to exempt “passive” potentially responsible parties from CERCLA liability.
February 24, 2025 The Court agreed to hold the case in abeyance through April 25, 2025, while EPA reevaluates the Biden-era rule. Chamber of Commerce of the United States of America, et al v. EPA, et al, No. 24-01193 (D.C. Cir.).
June 10, 2024 Industry groups challenged the PFAS hazardous substances designation, arguing, among other issues, that EPA’s listing of the PFAS chemicals was inconsistent with CERCLA and underestimated the costs of the regulation. Chamber of Commerce of the United States of America, et al v. EPA, et al, No. 24-01193 (D.C. Cir.).
April 19, 2024 EPA finalized a rule designating two common PFAS chemical sub-types as hazardous substances under CERCLA. The designation allows EPA to use the full authority of CERCLA to remediate PFAS contamination.