Bipartisan legislation reintroduced to protect utilities, ratepayers from PFAS costs

The Water Environment Federation (WEF) has expressed strong support for the reintroduction of the Water Systems PFAS Liability Protection Act. This bipartisan legislation, led by Reps. Marie Gluesenkamp Perez (D-WA) and Celeste Maloy (R-UT), aims to protect water utilities from undue financial burdens associated with per- and polyfluoroalkyl substances (PFAS) cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The bill ensures that PFAS producers, rather than the public, bear the cost of remediation.

"Water utilities and their customers should not be forced to pay remediation costs for issues they did not create," said Ralph Exton, WEF's Executive Director. "We applaud Representatives Gluesenkamp Perez and Maloy for their leadership in championing this critical legislation."

The reintroduction of this legislation follows the Environmental Protection Agency's (EPA) designation of PFOA and PFOS – two PFAS chemicals – as hazardous substances under CERCLA. This designation compels water utilities nationwide to remove these chemicals from drinking water, a process that involves significant financial costs.

By classifying PFOA and PFOS as hazardous substances, the EPA's designation leaves water and wastewater utilities vulnerable to potential lawsuits from PFAS manufacturers. These entities may attempt to shift financial responsibility onto utilities through litigation, increasing operational costs that ultimately affect ratepayers.

"The Water Systems PFAS Liability Protection Act is a crucial step in ensuring that water and wastewater utilities — and, ultimately, the communities and ratepayers they serve — are not unfairly burdened with the costs of PFAS contamination cleanup," said Exton. "These utilities are involuntary receivers of PFAS and did not create or profit from PFAS. However, without congressional action, they could be forced to bear immense financial and operational challenges."

This legislation is necessary to protect utilities after their systems have been involuntarily affected by PFAS, but source control at the industrial and residential levels is a more efficient and cost-effective solution. The Minnesota Pollution Control Agency found that PFAS can be bought for $50 - $1,000 per pound. However, it costs between $2.7M and $18M per pound to remove or destroy from municipal systems depending on facility size.

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