On August 17, 2023, EPA’s Office of Enforcement and Compliance Assurance (OECA) released its National Enforcement and Compliance Initiatives (NECI) for FY 2024-2027, which include addressing exposure to PFAS as an enforcement priority. To select the enforcement initiatives, EPA solicited public comment and received 88 comments from state environmental agencies, environmental groups, industry associations, and individuals. In the memo issuing the NECI, EPA reports that “[d]ue to the toxicity and persistence of per- and polyfluoroalkyl substances (PFAS) chemicals, and the breadth and scope of PFAS contamination throughout the country, OECA selected Addressing Exposure to PFAS as a new NECI.” EPA states in the memo that it plans to increase PFAS enforcement efforts, particularly where necessary to protect drinking water supplies. EPA noted that if – as it now anticipates will happen in February 2024 – PFOA and PFOS are designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), EPA does not intend to pursue categories of potentially responsible entities where equitable factors do not support CERCLA responsibility, such as farmers, water utilities, airports, or local fire departments.
