On September 6, the U.S. Environmental Protection Agency (EPA) published a proposed rule to designate two types of per- and polyfluoroalkyl substances (PFAS) as hazardous under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), better known as Superfund. Designating PFAS as hazardous under CERCLA poses multiple implications for counties, particularly around reporting and cleanup of these substances. EPA is accepting comments on the proposed rule through November 7, 2022.

PFAS are synthetic chemicals that have been used in a variety of commercial, industrial and military applications. The proposed rule applies to two types of these chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), the two most widely used and studied PFAS compounds. Studies have shown that exposure to PFOA and PFOS is harmful to human health and the environment and are highly durable. While PFOA and PFOS are no longer manufactured in the U.S., they continue to persist in the environment and have been detected in soil, surface water, groundwater and public water supplies in numerous locations.

The proposed rule has the potential to impact counties in two ways:

1. The proposed rule would require entities to report the release of PFOA or PFOS that meet certain levels within a 24-hour period. The rule sets this level at one pound, but states that EPA may adjust this as more data on the release of PFAS is collected.
2. The rule would authorize EPA to hold entities thought to be at fault for PFAS contamination financially liable for cleanup.

PFAS is often suspended in the environment for decades, leading to accumulations in water systems and waste management facilities. Given the ubiquity of PFOA and PFOS, county governments, water utilities and landfills could be subject to the rule’s reporting and financial liability requirements. This would place an enormous economic burden on counties, despite being passive receivers of PFAS. It would also impact county residents, whose water and waste management bills would likely increase.

Counties are dedicated to addressing concerns related to PFAS exposure and protecting the health and wellbeing of our residents. We support efforts by the EPA and other federal agencies to study the health and environmental impacts of PFAS compounds, but urge the EPA to work with counties and other local governments to determine the best way to address PFAS in the environment. Counties call on federal policymakers to work closely with state and local governments throughout the rulemaking process.