TRSA Discusses PFAS with EPA Assistant Administrator Uhlmann

At a meeting hosted by the National Association of Manufacturers (NAM), TRSA Advocacy Manager Caleigh McDonough spoke with EPA Assistant Administrator David Uhlmann about the recent PFAS hazardous substance designation and impacts on the linen, uniform and facility services industry.

In April of this year, the U.S. Environmental Protection Agency (EPA) designated two per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). As described in a previous TRSA news release, this rule creates reporting requirements for releases of PFOS and PFOA, and has cost and liability implications.

Uhlmann leads the EPA’s Office of Enforcement and Compliance Assurance (OECA) and released a PFAS Enforcement Discretion and Settlement Policy regarding the recent hazardous substance designation. This document informs the EPA’s decisions to pursue potentially responsible parties (PRPs) for response actions or costs under CERCLA to address the release of these two PFAS.

The Enforcement Discretion Policy states that, “Although CERCLA’s liability framework is broad, the statutory affirmative defenses and EPA’s enforcement discretion provide mechanisms to narrow the scope of liability and focus on the significant contributors to contamination.” It continues, “EPA will focus on holding accountable those parties that have played a significant role in releasing or exacerbating the spread of PFAS into the environment, such as those who have manufactured PFAS or used PFAS in the manufacturing process.”

TRSA is advocating to ensure that our industry, as PFAS passive receivers, is protected from Superfund liability. We have coordinated efforts with industry partners to submit public comments and coalition letters regarding this CERCLA rule at each stage of its promulgation. We frequently meet with EPA officials and members of Congress to voice concerns regarding PFAS regulation and other legislative and regulatory developments that impact the linen, uniform and facility services industry.

Please reach out to Caleigh McDonough at cmcdonough@trsa.org with any questions about PFAS regulation or other environmental policy topics.