EPA Confirms Intent to Maintain CERCLA Listing of PFOA and PFOS, Plans for Upcoming PFAS Rulemaking

On September 17, 2025, EPA announced in a court filing as part of related ongoing litigation that it will retain the July 8, 2024 designation of PFOA and PFOS as hazardous substances under CERCLA while initiating a new rulemaking under CERCLA Section 102(a) to establish a framework for future hazardous substance designations ("Framework Rule").

EPA Administrator Zeldin emphasized the agency’s dual goals of “holding polluters accountable” and providing certainty for “passive receivers,” i.e., entities such as municipalities and water systems that may face cleanup liability despite not manufacturing or generating the chemicals. Zeldin stated that while EPA will act within its current authority, a statutory fix from Congress will ultimately be necessary to resolve passive receiver liability.

The forthcoming Framework Rule is expected to establish a uniform process for future designations, including how EPA will account for costs to manufacturers, municipalities, consumers, and the broader economy. EPA noted that the Biden administration had pursued potential designations of other PFAS without first setting such criteria, and the Trump administration intends to bring “disciplined analysis and rigorous review” to these decisions.

This announcement follows the Office of Management and Budget’s publication of the Trump Administration’s Spring 2025 Unified Agenda on September 4, 2025, which includes several PFAS-related rulemakings such as drinking-water standard rescissions, delayed compliance timelines, and added reporting and monitoring requirements.