In a recent development, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance (OECA) has announced an updated focus of its remediation and cost-recovery efforts under the federal Superfund law. This shift is particularly towards manufacturers of poly- and perfluoroalkyl substances (PFAS) along with other companies using PFAS in their production processes.
A memorandum issued on August 17th by David Uhlmann, the newly-confirmed Assistant Administrator of the Agency’s OECA, has set this new direction in motion. The latest update can be found here.
PFAS, often referred to as ‘forever chemicals’ due to their endurance in nature and potential for bioaccumulation, have been a major concern for environmental bodies globally. These chemicals are used extensively across various industries, including electronics, aerospace, automotive, construction, and firefighting – primarily due to their oil-and water-repellent properties.
With this recent policy shift by the OECA, manufacturers of PFAS, as well as other companies who utilize these chemicals in their production processes, will be under increased scrutiny. This change imposes a heavier responsibility on businesses to evaluate and modify their environmental practices as required, aligning them with the broader goal of reducing overall PFAS emissions.
While the full details of the memorandum are yet to be publicized, the implications for companies producing or using PFAS in their production chains are expected to be significant. It’s advisable for corporations in these sectors to understand the changing landscape of EPA’s enforcement policies and respond proactively to the inherent challenges and opportunities.