In a recent hearing before the U.S. House Committee on Energy and Commerce’s Subcommittee on Environment, the American Water Works Association stressed the importance of protecting water utilities and their customers from liability for pollution created by PFAS manufacturers.
The hearing, titled Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns, stems from the U.S. Environmental Protection Agency’s decision to classify perfluorooctanoic acid and perfluorooctane sulfonic acid as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. The hazardous designation could leave utilities responsible for costly PFAS cleanups, despite their role as passive receivers of these chemicals.
In his testimony, Tracy Mehan, AWWA executive director of government affairs, emphasized the urgent need to protect water and wastewater utilities and the communities they serve from financial liability for PFAS contamination they did not create.
“Water utilities do not manufacture, use, or profit from PFAS, yet recent EPA rulemaking exposes them to significant financial and legal liability under CERCLA,” Mehan testified. “When utilities are forced to spend limited resources on litigation or cleanup costs, ratepayer funds must be diverted from replacing aging infrastructure, complying with Safe Drinking Water Act requirements and performing other essential functions.”
To address these concerns, AWWA is advocating for passage of the Water Systems PFAS Liability Protection Act (H.R. 1267), bipartisan legislation providing water and wastewater utilities with a narrowly tailored exemption from PFAS liability except in cases of negligence or willful misconduct.
“CERCLA was designed to ensure that polluters fund cleanup of contaminated sites. An exemption for water and wastewater utilities would further strengthen the ‘polluter pays’ principle by preventing PFAS manufacturers from shifting their cleanup costs onto utilities and the communities they serve,” Mehan testified.
AWWA, in collaboration with water sector partners, has been working to educate Congress about the burden that CERCLA liability potentially presents for utilities.
Other witnesses at the hearing included:
- Susan Bodine, partner at Earth & Water Law
- Lawrence W. Falbe, chair of the International Council of Shopping Centers Environmental and Land Use Policy Committee
- Emily Donovan, co-founder of Clean Cape Fear
The recording of the hearing and submitted written testimony is available online.
