EPA Announces Listening Sessions on a Potential CERCLA Enforcement Discretion Policy for Addressing PFAS Contamination at Superfund Sites

WASHINGTON – The U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) announces two public listening sessions to receive individual input related to concerns about potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as “Superfund.” The input received will be reviewed and considered by EPA in drafting a CERCLA per- and polyfluoroalkyl substances (PFAS) enforcement discretion and settlement policy to the extent that PFAS cleanup enforcement efforts occur under CERCLA. There will be opportunities to provide verbal input during the public listening sessions and written input submissions in a separate form.

These listening sessions will focus on an enforcement policy related to responsible parties’ financial obligations under PFAS contamination response actions. The session will not focus on the actions needed to address PFAS contamination or EPA’s progress in the Agency’s PFAS Strategic Roadmap commitments.

The dates for the sessions are:

• Tuesday, March 14, 2023, from 1:00 p.m. to 3:00 p.m. (Eastern Standard Time), and
• Thursday, March 23, 2023, from 10:00 a.m. to noon (Eastern Standard Time)

EPA’s CERCLA PFAS enforcement discretion and settlement policy is aimed at addressing stakeholder concerns and reducing uncertainties by clarifying when EPA intends to use its CERCLA enforcement authorities or its CERCLA enforcement discretion. To the extent that PFAS cleanup enforcement efforts occur under CERCLA, EPA will develop a CERCLA PFAS  enforcement discretion and settlement policy. The policy will take into account various factors, such as EPA’s intention to focus enforcement efforts on PFAS manufacturers and other industries whose actions result in the release of significant amounts of PFAS into the environment, and EPA’s intention not to focus on pursuing entities where factors do not support taking an enforcement action.

Although EPA will not provide responses to input that it receives through this solicitation, EPA will carefully consider and take all input it receives into consideration in the development of an enforcement discretion and settlement policy.

These listening sessions are separate from EPA’s perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) hazardous substance designation rulemaking process. The input provided through the listening sessions are not part of the rulemaking comment docket. The hazardous substance designation rulemaking comment period has closed.

Registration is required to attend a listening session. The registration form provides the option for participants to either make live verbal remarks or to just listen. Information on the opportunity to speak at the session is provided on the registration form.

More information on the CERCLA PFAS Enforcement Discretion Listening Sessions and how to register to participate can be found at: CERCLA PFAS Enforcement Listening Sessions | US EPA

Also, EPA is holding separate Regional PFAS Community Engagement Sessions to update Progress on the PFAS Strategic Roadmap. Learn more about EPA’s Regional PFAS Community Engagement Sessions.

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EPA Orders Three Drinking Water Suppliers to Comply with Requirements of America’s Water Infrastructure Act

 U.S. Environmental Protection Agency has issued orders to drinking water systems in Caro and Worth Township, Michigan, and in Bellwood, Illinois, for failing to meet requirements under America’s Water Infrastructure Act of 2018. EPA took action to ensure Caro and Worth Township certify their emergency response plans and Bellwood certifies its risk assessment and emergency response plan. 

EPA requires systems to assess risk and resilience and to re-evaluate vulnerabilities, threats, and consequences from potential hazards. An emergency response plan describes strategies, resources, plans, and procedures that systems can use to prepare for and respond to an incident, natural or man-made, that threatens life, property, or the environment. Incidents can range from localized flooding or hacking of cybersecurity systems to large scale hurricanes, earthquakes, or terrorist attacks, among other examples.  

Under AWIA, any drinking water system which serves more than 3,300 people must develop or update a risk and resilience assessment and an emergency response plan. The law also establishes deadlines for certifying completion to EPA. Nationwide, more than 95% of water systems have complied with the requirements under AWIA. 

EPA is ordering each system to submit a detailed compliance plan within 30 days for review and approval.  

EPA continues to work with drinking water systems to ensure that they are compliant. EPA previously issued orders to two systems in Illinois. These orders were terminated after the systems returned to compliance. 

More information on AWIA requirements is available on EPA’s website. 

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Squaxin Island Tribe receives EPA approval to administer Clean Water Act programs on reservation and trust lands

SEATTLE (March 1, 2023) – The U.S. Environmental Protection Agency has approved the application from the Squaxin Island Tribe to administer the water quality standards and certification programs under the Clean Water Act. 

With this approval, the Tribe will assume Clean Water Act authority to manage and protect all surface waters within its reservation and trust lands. Trust lands include lands located outside of the reservation that are held in trust by the United States for the Squaxin Island Tribe. The Tribe’s reservation and trust lands collectively cover about 2,598 acres near Shelton, Washington. 

“We know that water is life. EPA is committed to supporting the Squaxin Island Tribe as they develop and adopt protective water quality standards for their reservation and trust lands,” said Casey Sixkiller, EPA Region 10 Regional Administrator. “We’re excited for the Squaxin Island Tribe to take on this important regulatory responsibility under the Clean Water Act to manage and protect their tribal water resources and the health of their community.” 

"The Squaxin Island Tribe – the People of the Water – is pleased that the EPA recognizes our capacity and commitment to implement water quality standards and certification programs,” said Kris Peters, Chairman of the Squaxin Island Tribe. “As stewards of the waters within our jurisdiction, we greatly appreciate this first step toward developing water quality standards that will protect the Tribe’s cultural and economic well-being and support sustainable fisheries. We look forward to continued coordination and collaboration on water quality and quantity with our federal, state, and local partners." 

The Squaxin Island Tribe applied to EPA for “Treatment in a Similar Manner as a State” (TAS) for the Clean Water Act section 303(c) water quality standards and the section 401 water quality certification programs on August 18, 2022. EPA’s Indian Environmental General Assistance Program grant funding supported the Tribe’s efforts to prepare and submit their successful for Treatment in a Similar Manner as a State under the Clean Water Act. 

EPA’s approval authorizes the Squaxin Island Tribe to develop water quality standards – the regulatory foundation for protecting water quality – for all surface waters within the Tribe’s reservation and trust lands and certify that Clean Water Act-permitted discharges to those waters will meet all applicable water quality standards, once they are reviewed and approved by EPA. After tribally adopted standards are reviewed and approved by EPA, the Tribe will be able to certify that discharges comply with those standards for all surface waters within the Squaxin Island Reservation and trust lands. The Squaxin Island Tribe was previously granted TAS status for other Clean Water Act programs in 1998 and 2000: section 106 (Water Pollution Protection) and section 319 (Nonpoint Source), respectively. 

Background 

Several federal environmental laws, including the Clean Water Act, authorize EPA to treat eligible federally recognized Indian tribes in a similar manner as a state government for implementing and managing certain federal programs. The basic requirements for applying for TAS are that the tribe must be federally recognized; have a governing body to carry out substantial governmental duties and powers; the management and protection of water resources are within the jurisdiction of the tribe; and be capable of administering the functions of the program.  

EPA is hosting a virtual workshop for tribes to learn about the Clean Water Act TAS process, from March 21-23, 2023. Register for the online workshop at: EPA TAS for Water Quality Standards, Virtual Workshop.  

For more information about applying for TAS and the water quality standards program, visit our Tribes and Water Quality Standards webpage.  

Additional information about EPA’s work with tribes in Region 10 is available on our Tribal Programs in the Pacific Northwest and Alaska website.  

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EPA Deletes Part of Wauconda Sand & Gravel Superfund Site in Illinois from NPL

CHICAGO (March 1, 2023) –Today, U.S. Environmental Protection Agency announced the removal of the soil portion of the Wauconda Sand & Gravel Superfund site in Lake County, Illinois from the National Priorities List (NPL). EPA deletes sites- or parts of sites- from the NPL only when no further cleanup is required.

Under EPA's supervision, the responsible parties have addressed soil contamination, upgraded the leachate collection system and installed gas vents. More than 400 local residents have been connected to the Wauconda public water system. The groundwater portion of the site remains on the NPL and operation and maintenance, land and groundwater use restrictions, and groundwater monitoring will continue there. 

The former sand and gravel quarry operated two landfills spanning 70 acres from the 1950s to 1978. The entire site was closed and covered with a layer of clay, soil, and vegetation in 1978. Sampling later showed that groundwater was contaminated with heavy metals, volatile organic compounds and pesticides.  

The NPL is a list of hazardous waste sites eligible for long-term remedial investigation and remedial action (cleanup) under the Superfund program. It includes the nation’s most serious uncontrolled or abandoned releases of contamination.

Visit EPA’s website for more information.

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