National Enforcement and Compliance Initiative: Addressing Exposure to PFAS

Problem

Per and poly-fluoroalkyl substances or PFAS, also known as “forever chemicals” are man-made chemicals that are highly persistent and resistant to degradation in the environment. PFAS have been linked to significant adverse health effects, including but not limited to cancer, thyroid disease, liver disease, obesity and fertility issues. Due to the toxicity and persistence of this class of chemicals, and their tendency to build up in human beings, addressing PFAS contamination is a priority for the agency, as outlined in EPA's PFAS Strategic Roadmap. EPA’s enforcement and compliance program is actively involved in both investigation and enforcement to address PFAS contamination.

As the regulatory framework for PFAS continues to develop across multiple statutes, EPA is taking enforcement actions to protect public health and the environment. EPA is ensuring compliance with the Clean Water Act’s National Pollutant Discharge Elimination System permits, identifying unauthorized discharges of PFAS without a Clean Water Act permit, addressing imminent and substantial endangerment under all applicable statutes including the Safe Drinking Water Act, investigating Toxic Substances Control Act noncompliance, and conducting Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act or CERCLA also known as Superfund investigations.

Goals

The key goals of the PFAS National Enforcement and Compliance Initiative or NECI are to achieve characterization, control, and compliance for PFAS contamination from major manufacturers, federal facilities, and other industrial parties who significantly contributed to the release of PFAS contamination into the environment. In support of the goals of this NECI, in April 2024, EPA issued the PFAS Enforcement Discretion and Settlement Policy Under CERCLA.

FY 2024 Results

In FY 2024, EPA advanced its goals to investigate PFAS contamination at major PFAS manufacturers and federal facilities. Gathering this information is the first important step in helping EPA, states, and communities determine whether additional actions are necessary to protect people from PFAS risks.

Private drinking water sampling near military installations has helped to ensure that service members, military families and communities living near military installations with known PFAS contamination are drinking clean water. In addition, a May 2024 Safe Drinking Water Act emergency order issued to the Department of the Air Force will address significant PFAS contamination from the Tucson International Airport Area Superfund site and protect the drinking water for the City of Tucson in Arizona.

Superfund Investigations and Federal Facility Agreement Oversight Actions

In FY 2024, EPA completed 11 Superfund investigations at PFAS manufacturing facilities, which involved collecting several hundred samples of soil, sediment, surface water (where present), and groundwater (if possible), EPA also conducted six Federal Facility Agreement oversight actions at federal facilities on the National Priority List or NPL where the Department of Defense (DoD) or other federal agency may not meet CERCLA requirements for remedial investigations. These actions included formal correspondence with federal potentially responsible parties or PRPs regarding deficient remedial investigation plans, and negotiations with federal PRPs to investigate and address PFAS groundwater contamination at federal facilities.

Targeted Outreach and Sampling of Private Drinking Water Wells

In FY 2024, EPA initiated targeted outreach to nine DoD facilities to discuss existing PFAS contamination, data sharing, and potential offsite migration of the contamination. This outreach has resulted in five drinking water sampling events to investigate potential PFAS contamination from five military installations not listed on the NPL, including sampling of private drinking water wells in communities overburdened by pollution and with potential environmental justice concerns.

Protecting Drinking Water in Tucson, Arizona

On May 29, 2024, EPA issued a Safe Drinking Water Act emergency order to the U.S. Department of the Air Force and the Arizona Air National Guard (Air Force) to address significant PFAS contamination from the Tucson International Airport Area Superfund site to protect drinking water supplies in Tucson, Arizona. This order required the Air Force to conduct measures to abate the imminent and substantial threat to the health of persons presented by the presence of PFAS in groundwater underlying the Tucson Area Remediation Project (TARP) water well field, which serves as an important source of drinking water for the City of Tucson. While the Air Force initially refused to comply with the order, the Air Force has now committed to: 

• Collect PFAS data to determine the extent of contamination;  
• Conduct pilot studies for possible PFAS cleanup and undertake actions where appropriate; and  
• Work with Tucson Water to cover past and future costs for PFAS treatment at the TARP water well field.

EPA will actively oversee actions by the Air Force to ensure communities are protected from exposure to PFAS and that will allow Tucson to use its groundwater resources for drinking water. (Read EPA Secures Commitment with Air Force press release)