Trump EPA Announces Next Steps On Regulatory PFOA And PFOS Cleanup Efforts, Provides Update On Liability And Passive Receiver Issues

Washington – U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced next steps regarding regulatory efforts to address cleanup of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS).

“When it comes to PFOA and PFOS contamination, holding polluters accountable while providing certainty for passive receivers that did not manufacture or generate those chemicals continues to be an ongoing challenge. I have heard loud and clear from the American people, from Congress, and from local municipalities about this particular issue. EPA intends to do what we can based on our existing authority, but we will need new statutory language from Congress to fully address our concerns with passive receiver liability. The Trump Administration is fully committed to ensuring all Americans have the cleanest air, land, and water,” said EPA Administrator Zeldin.

EPA’s progress on Per- and Polyfluoroalkyl Substances (PFAS) started under the first Trump Administration, and that historic work continues today. At this time, EPA is retaining the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) hazardous substance designation for PFOA and PFOS and will be initiating future rulemaking to establish a uniform framework governing designation of hazardous substances under section 102(a) of CERCLA moving forward.

On September 17, 2025, the U.S. Department of Justice (DOJ) submitted a court filing on behalf of EPA as part of ongoing litigation related to the designation of PFOA and PFOS as CERCLA hazardous substances. The agency is currently retaining the rule that became effective on July 8, 2024.

CERCLA imposes broad, retroactive, and potentially costly strict liability on those who released hazardous substances to the environment. In some cases, this liability can attach to entities that did not manufacture or generate the substance but received it in feedstocks, products, or waste. Such entities are sometimes referred to as “passive receivers.” Administrator Zeldin personally heard from Members of Congress on issues facing passive receivers of PFOA and PFOS, including where local municipalities foot the bill for contamination and potentially pass those costs onto ratepayers, taxpayers, and consumers. As the agency implements the 2024 rule, EPA will continue to collect information on its costs and benefits. The best, most enduring solution to this issue is a statutory fix to protect passive receivers from liability, which EPA would follow to the letter of the law. EPA stands ready to provide technical assistance to Congress as requested on this issue.

Going forward, EPA intends to develop a CERCLA section 102(a) Framework Rule. The Framework Rule will provide a uniform approach to guide future hazardous substance designations, including how the agency will consider the costs of proposed designations. Section 102(a) gives EPA authority to designate additional hazardous substances beyond those substances listed under the other statutes referenced in CERCLA (the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and the Toxic Substances Control Act). The Biden-Harris Administration failed to provide this certainty and instead took steps to potentially designate other PFAS chemistries under CERCLA without first establishing the rules of the road. Once finalized, the 102(a) Framework Rule will provide a uniform approach to guide future designations. Moreover, EPA should take costs to manufacturers, passive receivers, consumers, and the economy at large very seriously. The agency is committed to regulatory actions that are based on disciplined analysis and rigorous review, as will be reflected in the Framework Rule.

A Record of Leadership  

Administrator Zeldin’s leadership on PFAS dates back to his time in Congress, where he was a founding member of the PFAS Congressional Taskforce and a strong supporter of the PFAS Action Act, legislation to provide funding to support local communities cleaning up PFAS-contaminated water systems. He was, and remains, a staunch advocate for protecting Long Islanders and all Americans from contaminated drinking water.

Background

In the spring, Administrator Zeldin announced a long list of actions to combat PFAS contamination. Since this first list of actions EPA will be taking to address PFAS over the course of the Trump Administration, EPA launched a new PFAS OUTreach Initiative (called PFAS OUT) to connect with every public water system known to need system upgrades to address PFAS, including those finding PFOA and PFOS in their water. The agency will share resources, tools, funding information, and technical assistance opportunities to help ensure that no community is left behind as we work to protect public health and position water systems for compliance with PFAS drinking water standards. PFAS OUT will engage utilities, technical assistance providers and local, State, Tribal, and Territorial leaders to develop effective and practical solutions where they are needed most.

During President Trump’s first term, EPA convened a two-day National Leadership Summit on PFAS in Washington, D.C. that brought together more than 200 federal, state, and local leaders from across the country to discuss steps to address PFAS. Following the Summit, the agency hosted a series of visits during the summer of 2018 in communities directly impacted by PFAS. EPA interacted with more than 1,000 Americans during community engagement events in Exeter, New Hampshire, Horsham, Pennsylvania, Colorado Springs, Colorado, Fayetteville, North Carolina, and Leavenworth, Kansas, as well as through a roundtable in Kalamazoo, Michigan, and events with tribal representatives in Spokane, Washington.

In 2019, the Trump EPA announced the PFAS Action Plan. This historic Plan responded to extensive public interest and input the agency received and represented the first time EPA built a multi-media, multi-program, national communication and research plan to address an emerging environmental challenge like PFAS. EPA’s Action Plan identified both short-term solutions for addressing these chemicals and long-term strategies that will help provide the tools and technologies states, tribes, and local communities need to provide clean and safe drinking water to their residents and to address PFAS at the source—even before it gets into the water.