EPA Defends PFOA and PFOS Hazardous Substance Classification

The Environmental Protection Agency (EPA) has taken a decisive stance on PFOA and PFOS, defending its classification of these chemicals as hazardous substances. On January 17, the EPA filed a brief in the U.S. Court of Appeals for the District of Columbia Circuit, maintaining that the substances “plainly” meet the standard of a substantial danger to public health, “given the extensive record evidence of their adverse health impacts and chemical properties.”

This designation, supported by comprehensive evidence regarding the potential health effects of PFOA and PFOS exposure, represents a critical step toward addressing contamination issues in drinking water systems across the United States. The classification under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) signifies the EPA’s commitment to protecting public health and ensuring appropriate measures for environmental cleanup.

What are PFOA and PFOS?

Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) belong to a group of manufactured chemicals known as per- and polyfluoroalkyl substances (PFAS), which have been produced since the 1940s. These substances possess unique properties that make them resistant to heat, water, and oil, specifically because of their strong carbon-fluorine bonds, which are considered the most robust covalent bonds in organic chemistry.

Manufacturing companies have historically used these chemicals in various industrial applications. Notably, PFOA and PFOS have been incorporated into numerous consumer products, including non-stick cookware, stain-resistant carpets, water-repellent clothing, and food packaging materials. Furthermore, these substances have been utilized in firefighting foams at military installations and airports.

Understanding Potential PFOA and PFOS Health Impacts

Scientific research has linked PFAS like PFOA and PFOS to various adverse effects, including increased cholesterol levels, changes in liver enzymes, decreased vaccine response, and elevated risks of certain cancers. Specifically, research suggests associations between PFOA exposure and kidney and testicular cancer.

Despite efforts to phase out PFAS-related chemicals from emissions and products, these chemicals continue to pose environmental and human health challenges because they do not break down through typical degradation processes. Moreover, while production has ceased in the United States, these chemicals can still enter the country through imported consumer goods.

EPA’s Hazardous Substance Designation

In a landmark decision, the EPA announced the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on April 17, 2024. This designation, effective July 8, 2024, establishes new reporting and cleanup requirements and enforcement mechanisms impacting various industries, particularly waste management facilities, chemical manufacturers, textile mills, and entities conducting firefighting activities. 

Under the final rule, entities must report releases of PFOA or PFOS that meet or exceed one pound within a 24-hour period. The reporting requirements include:

• Immediate notification to the National Response Center
• Reporting to State or Tribal Emergency Response Commission
• Notification to Local or Tribal Emergency Planning Committee
• Publication in local newspapers serving affected areas

The EPA’s hazardous substance designation also establishes comprehensive cleanup requirements for sites allegedly contaminated with PFOA and PFOS. 

The EPA’s decision stems from substantial evidence, including epidemiological and toxicological studies, indicating that these substances allegedly present significant dangers to public health when released into the environment. The designation reflects the agency’s first-ever use of CERCLA Section 102 to classify hazardous substances. Through CERCLA’s enforcement mechanisms, the EPA focuses on holding accountable those entities that allegedly contributed significantly to environmental contamination.

Addressing PFAS Contamination Across the U.S.

Scientific evidence and regulatory actions underscore the significant potential health risks associated with PFOA and PFOS exposure. Through this landmark designation, the EPA establishes clear accountability measures for entities allegedly responsible for environmental contamination. The agency’s approach combines stringent reporting requirements, targeted enforcement mechanisms, and comprehensive cleanup protocols. These measures create a foundation for addressing alleged PFOA and PFOS contamination across affected communities throughout the United States.