EPA Office of Enforcement and Compliance Assurance (OECA) announces two public listening sessions to receive individual input related to concerns about potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as “Superfund.” The input received will be reviewed and considered by EPA in drafting a CERCLA per- and polyfluoroalkyl substances (PFAS) enforcement discretion and settlement policy to the extent that PFAS cleanup enforcement efforts occur under CERCLA. There will be opportunities to provide verbal input during the public listening sessions and written input submissions in a separate form.
These listening sessions will focus on an enforcement policy related to responsible parties’ financial obligations under PFAS contamination response actions. The session will not focus on the actions needed to address PFAS contamination or EPA’s progress in the Agency’s PFAS Strategic Roadmap commitments.
The dates for the sessions are:
- Tuesday, March 14, 2023, from 1:00 p.m. to 3:00 p.m. (Eastern Standard Time), and
- Thursday, March 23, 2023, from 10:00 a.m. to noon (Eastern Standard Time)
EPA’s CERCLA PFAS enforcement discretion and settlement policy is aimed at addressing stakeholder concerns and reducing uncertainties by clarifying when EPA intends to use its CERCLA enforcement authorities or its CERCLA enforcement discretion. To the extent that PFAS cleanup enforcement efforts occur under CERCLA, EPA will develop a CERCLA PFAS enforcement discretion and settlement policy. The policy will take into account various factors, such as EPA’s 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’s intention not to focus on pursuing entities where factors do not support taking an enforcement action.
Although EPA will not provide responses to input that it receives through this solicitation, EPA will carefully consider and take all input it receives into consideration in the development of an enforcement discretion and settlement policy. These listening sessions are separate from EPA’s perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) hazardous substance designation rulemaking process. The input provided through the listening sessions are not part of the rulemaking comment docket. The hazardous substance designation rulemaking comment period has closed.
Registration is required to attend a listening session. The registration form provides the option for participants to either make live verbal remarks or to just listen. Information on the opportunity to speak at the session is provided on the registration form.