Designation of PFOA and PFOS as hazardous substances under CERCLA Release Reporting Requirements Factsheet

On April 17, 2024, EPA designated two per- and polyfluoroalkyl substances —perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

As a result of designation CERCLA and EPCRA reporting requirements apply to releases of PFOA or PFOS or their salts and structural isomers. To promote compliance and accuracy in reporting of releases involving PFOA or PFOS, EPA developed this factsheet to provide an overview of the rulemaking as well as release notification requirements under CERCLA and EPCRA.

Final Rule: Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances 

CERCLA section 102(a) authorizes the EPA Administrator to promulgate “regulations designating as hazardous substances, . . . such elements, compounds, mixtures, solutions, and substances which, when released into the environment may present substantial danger to the public health or welfare or the environment[.]”

Pursuant to CERCLA 102(b), EPA established the default reportable quantity of one pound for releases of PFOA or PFOS, or their salts and structural isomers.  The list of hazardous substances in 40 CFR part 302, Table 302.4 is amended to include PFOA, PFOS and their salts and structural isomers.  See https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-302/section-302.4

Any entity that releases a pound or more of PFOA or PFOS, or their salts or structural isomers, in any 24-hour period must report those releases consistent with CERCLA 103 and EPCRA 304 and their implementing regulations.

To learn more about these reporting requirements see 40 CFR 302.6 and 40 CFR 355.40(a). 

Additionally, you can reference the following links: 

 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-302/section-302.6 and https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-355#subpart-C.

• Immediate Notification:  Any facility that has a release of these substances at or above one pound within a 24-hour period must immediately notify the National Response Center (NRC) at 1-800-424-8802, State or Tribal Emergency Response Commission (SERC or TERC), and Local or Tribal Emergency Planning Committee (LEPC or TEPC) as required under CERCLA 103(a) and EPCRA 304(a).
• Continuous Release Reporting: An entity may consider a reduced reporting option for continuous releases that are “stable in quantity and rate”. To learn more about this option see 40 CFR 302.8 and the following link: https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-302#302.8
• Newspaper Notice: CERCLA section 111(g) requires owners and operators of any vessel or facility to provide reasonable notice of any releases of hazardous substances to potential injured parties by publication in local newspapers serving the affected area.
• Follow-up Written Report: Within 30 days of a reportable release, owners and operators of a facility must submit a follow-up written report to the SERC or TERC and LEPC or TEPC as required under EPCRA 304(c). Specific requirements for follow-up written report are codified at 40 CFR 355.40(b) with additional information found here: https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-355#355.40

Contact your State for additional requirements. 

Summary of the final designation of PFOA and PFAS as Hazardous Substances Rulemaking

FAQs on Release Reporting Requirements for the Final Rule Designating PFOA & PFOS as Hazardous Substances

Emergency Release Notification Requirements under CERCLA 103 and EPCRA 304

Frequently Asked Questions on Release Notification under CERCLA 103 and EPCRA 304

EPCRA, RMP & Oil Information Center: 1-800-424-9346