Government

Federal PFAS Action Alert: Take Action Today!

Over the past two years, Congress has considered several pieces of legislation to address the chemical family known as PFAS. The most consequential of the proposals is the PFAS Action Act of 2021, H.R. 2467. The House passed H.R. 2467 last year, and it currently awaits consideration by the Senate. The Senate Committee on Environment and Public Works could consider the legislation this session. 

WEF’s water advocates have done a tremendous job reaching out to Congress and actually making a difference, including a successful campaign on this very same issue in 2019.  We need your help again! 

Perhaps most significantly for wastewater agencies, H.R. 2467 includes a mandate to designate PFAS chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (Superfund).  This could have a range of potentially serious consequences for agencies.  Wastewater treatment facilities could potentially be designate Superfund sites. Additionally, wastewater treatment facilities that land apply their biosolids, including the potential exposure to liability for cleanup or financial damages from these chemicals. 

Specifically, designating PFAS chemicals as hazardous substances under Superfund would trigger strict joint and several liability for those entities that contribute PFAS to a particular site. If a site was found to be contaminated and contained PFAS originating, in whole or in part, from a clean water agency, that agency could potentially be subject to being included in litigation to clean up the site or to pay for any damages.

As a result, designating PFAS chemicals as hazardous substances could result in increased management and disposal costs associated with biosolids, as they might be considered a hazardous waste and required to be disposed of in an appropriately designated location.

Take Action!

Please write your Senators requesting that they  support a legislative fix that explicitly provides wastewater and water agencies with an exemption from Superfund liability if PFAS chemicals are designated as hazardous substances under Superfund and to oppose legislation that fails to provide such an exemption.

Federal PFAS Action Alert: Take Action Today!

Over the past two years, Congress has considered several pieces of legislation to address the chemical family known as PFAS. The most consequential of the proposals is the PFAS Action Act of 2021, H.R. 2467. The House passed H.R. 2467 last year, and it currently awaits consideration by the Senate. The Senate Committee on Environment and Public Works could consider the legislation this session. 

WEF’s water advocates have done a tremendous job reaching out to Congress and actually making a difference, including a successful campaign on this very same issue in 2019.  We need your help again! 

Perhaps most significantly for wastewater agencies, H.R. 2467 includes a mandate to designate PFAS chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (Superfund).  This could have a range of potentially serious consequences for agencies.  Wastewater treatment facilities could potentially be designate Superfund sites. Additionally, wastewater treatment facilities that land apply their biosolids, including the potential exposure to liability for cleanup or financial damages from these chemicals. 

Specifically, designating PFAS chemicals as hazardous substances under Superfund would trigger strict joint and several liability for those entities that contribute PFAS to a particular site. If a site was found to be contaminated and contained PFAS originating, in whole or in part, from a clean water agency, that agency could potentially be subject to being included in litigation to clean up the site or to pay for any damages.

As a result, designating PFAS chemicals as hazardous substances could result in increased management and disposal costs associated with biosolids, as they might be considered a hazardous waste and required to be disposed of in an appropriately designated location.

Take Action!

Please write your Senators requesting that they  support a legislative fix that explicitly provides wastewater and water agencies with an exemption from Superfund liability if PFAS chemicals are designated as hazardous substances under Superfund and to oppose legislation that fails to provide such an exemption.