National Enforcement and Compliance Initiative: Addressing Exposure to PFAS

Problem

PFAS, also known as “forever chemicals” are man-made chemicals that are highly persistent in the environment and tend to build up in human beings, causing significant adverse health effects, including cancer, cardiovascular diseases, obesity and diabetes, fertility issues, and others. Due to the toxicity and persistence of this class of chemicals, addressing PFAS contamination is a priority for EPA, as outlined in EPA's PFAS Strategic Roadmap. The Office of Enforcement and Compliance Assistance or OECA is actively involved in both investigation and enforcement in this area.

While the regulatory framework for PFAS continues to develop across multiple statutes, OECA is taking enforcement actions to protect public health. That includes ensuring compliance with the Clean Water Act’s National Pollutant Discharge Elimination System permits, identifying unauthorized discharges of PFAS without a permit under the Clean Water Act or CWA, addressing imminent and substantial endangerment under all applicable statutes including the Safe Drinking Water Act or SDWA, investigating Toxic Substances Control Act noncompliance, and conducting Resource Conservation and Recovery Act or RCRA and Comprehensive Environmental Response, Compensation and Liability Act or CERCLA or Superfund investigations.

Goals

The key goals of the PFAS National Enforcement and Compliance Initiative or NECI are to achieve characterization, control, and compliance for PFAS contamination from major manufacturers, federal facilities, and other industrial parties who significantly contributed to the release of PFAS contamination into the environment.

FY 2024 MID-YEAR RESULTS

Superfund Investigations and Federal Facility Agreement Oversight Actions

As of the second quarter of the fiscal year, EPA completed six CERCLA investigations at PFAS manufacturing facilities, which involved collecting approximately 40 samples of soil, sediment, surface water (where present), and groundwater (if possible), and four Federal Facility Agreement oversight actions at federal facilities on the National Priority List or NPL where the Department of Defense or DoD or other federal agency may not meet CERCLA requirements for remedial investigations. These actions included formal correspondence with federal potentially responsible parties or PRPs regarding deficient remedial investigation plans, and negotiations with federal PRPs to investigate and address PFAS groundwater contamination at federal facilities.

Targeted Outreach

As of the second quarter of the fiscal year, the EPA initiated targeted outreach to six DoD facilities to discuss existing PFAS contamination, data sharing, and potential off-site migration of the contamination. This outreach has resulted in three groundwater sampling events to address PFAS contamination at federally owned facilities not listed on the NPL, including sampling of private drinking water wells in communities overburdened by pollution and with potential environmental justice concerns.