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CERCLA Designation

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CERCLA Listing for PFOA and PFOS Is Ineffective, Expensive, and Unworkable

EPA has finalized a rule listing PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). These substances are no longer manufactured in the U.S., and levels have declined dramatically due to voluntary phase-outs and cooperative stewardship programs.

While ACC supports protective regulations, a CERCLA listing is an expensive, ineffective, and unworkable means to achieve cleanup. It introduces legal complexity, delays remediation, and exposes local governments to potential liability, and is fraught with unintended consequences.

Why CERCLA Is the Wrong Tool

  • Unnecessary: EPA already has enforcement tools under the Safe Drinking Water Act, Clean Water Act, and Resource Conservation and Recovery Act, and emergency CERCLA provisions.
  • Counterproductive: CERCLA designation leads to extended litigation and delays cleanup.
  • Risky: It exposes municipalities, water utilities, and other non-manufacturing entities to liability.

Widespread Opposition of CERCLA

Organizations across the country have voiced concern over the unintended consequences of CERCLA designation:

Supporting Resources

Government EPA Building
ACC Comments on Update to PFAS Drinking Water Standard

ACC Comments on Update to PFAS Drinking Water Standard

EPA’s previously issued National Primary Drinking Water Regulation for certain PFAS chemistries was not consistent with the state of the science or the requirements of the Safe Drinking Water Act

Fluorotechnology / Per- and Polyfluoroalkyl Substances (PFAS)