EPA backs Biden-era ‘forever chemicals’ Superfund rule

By Ellie Borst | 09/18/2025 01:36 PM EDT

The agency will defend PFAS cleanups under the Superfund law, applying the pressure on Congress to pass protections for “passive receivers.”

Superfund sign on a fence.

A fence surrounds a Superfund cleanup site. markzvo/Wikipedia

EPA will retain regulatory authority to go after polluters for “forever chemicals” cleanups, a rare instance of the Trump administration defending a Biden-era policy.

The signal that the agency will keep the rule designating two of the most notorious PFAS as hazardous substances under federal Superfund law came in a court document filed late Wednesday by John Evans, senior adviser for implementation in the Office of Land and Emergency Management.

Now the pressure turns to Congress to pass a solution to the concerns from “passive receivers,” entities that don’t manufacture per- and polyfluoroalkyl substances but deal with the byproducts of the chemicals’ effects.

Advertisement

EPA Administrator Lee Zeldin said in a statement the problems facing passive receivers will be an “ongoing challenge.”

GET FULL ACCESS