Ten water sector associations sent an April 28th joint letter to key United States Senate and House of Representatives Committee Chairmen and Ranking Members seeking an exemption from the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) if PFAS chemicals are designated as hazardous substances.
The 10 water sector associations jointly executing the letter include:
The organizations represent United States utilities involved in providing drinking water, wastewater, and water reuse services.
PFAS have been used in various industrial applications and consumer products such as:
They have been described as persistent in the environment and resist degradation.
Designation of PFAS as a CERCLA hazardous substance would trigger certain corresponding requirements such as:
The 10 organizations are asking that Congress explicitly exempt public wastewater, drinking water, stormwater, and water reuse utilities from PFAS liability under CERCLA.
The arguments put forth in support of this exemption include:
A copy of the letter can be downloaded here.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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