Ask Your Members to Vote to Exclude Amendment #537 to the National Defense Authorization Act
In recent months the issue of per- and polyfluoroalkyl substances (PFAS) in water has become an area of interest on Capitol Hill and many states. PFAS are a class of roughly 5,000 man-made chemicals of which only a handful have been studied. PFAS chemicals are used in a wide array of consumer products such as non-stick cookware, firefighting foam, and water-repellent clothes. These chemicals may not breakdown in the natural environment and can be inhaled, consumed, or absorbed by humans. Some PFAS chemicals are toxic at levels of a few drops in an Olympic size swimming pool.
The Senate has incorporated a number of PFAS requirements in S. 1790, the National Defense Authorization Act (NDAA). It would mandate that EPA issue national regulations for two PFAS compounds: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) within two years of enactment. It has a number of other mandates related to drinking and wastewater water as well, but avoided including PFAS regulation under the CERCLA law, a.k.a. Superfund.
The House is considering the annual NDAA with some defense-related PFAS provisions. However, amendment #537 by Rep. Debbie Dingell (D-MI) would mandate additional PFAS regulation for water under CERCLA. This has the potential to be very problematic for wastewater utilities. Biosolid management in particular could be made subject to the Superfund law, which could place PFAS remediation costs on utilities and ratepayers. PFAS industrial producers and industrial users should be responsible for remediating it in our environment, but CERCLA’s strict and retroactive liability requirements could place the burden on PFAS “receivers”, such as wastewater and drinking water agencies.
WEF is requesting that members contact their Members of Congress to request that the Dingell amendment be either excluded from the NDAA or changed to exempt wastewater and drinking water utilities from CERCLA regulation. Please send this draft letter to your member of Congress today because the bill will be on the House floor later this week.
Ask Your Members to Vote to Exclude Amendment #537 to the National Defense Authorization Act
In recent months the issue of per- and polyfluoroalkyl substances (PFAS) in water has become an area of interest on Capitol Hill and many states. PFAS are a class of roughly 5,000 man-made chemicals of which only a handful have been studied. PFAS chemicals are used in a wide array of consumer products such as non-stick cookware, firefighting foam, and water-repellent clothes. These chemicals may not breakdown in the natural environment and can be inhaled, consumed, or absorbed by humans. Some PFAS chemicals are toxic at levels of a few drops in an Olympic size swimming pool.
The Senate has incorporated a number of PFAS requirements in S. 1790, the National Defense Authorization Act (NDAA). It would mandate that EPA issue national regulations for two PFAS compounds: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) within two years of enactment. It has a number of other mandates related to drinking and wastewater water as well, but avoided including PFAS regulation under the CERCLA law, a.k.a. Superfund.
The House is considering the annual NDAA with some defense-related PFAS provisions. However, amendment #537 by Rep. Debbie Dingell (D-MI) would mandate additional PFAS regulation for water under CERCLA. This has the potential to be very problematic for wastewater utilities. Biosolid management in particular could be made subject to the Superfund law, which could place PFAS remediation costs on utilities and ratepayers. PFAS industrial producers and industrial users should be responsible for remediating it in our environment, but CERCLA’s strict and retroactive liability requirements could place the burden on PFAS “receivers”, such as wastewater and drinking water agencies.
WEF is requesting that members contact their Members of Congress to request that the Dingell amendment be either excluded from the NDAA or changed to exempt wastewater and drinking water utilities from CERCLA regulation. Please send this draft letter to your member of Congress today because the bill will be on the House floor later this week.