AWWA Urges Congress to Protect Water Utilities from PFAS Liability

AWWA's Testimony on PFAS Liability Protection

In a significant hearing today, the American Water Works Association (AWWA) addressed Congress, highlighting the urgent need for safeguarding water utilities from potential liabilities related to PFAS (per- and polyfluoroalkyl substances) contamination. This topic is particularly pressing as it arises in light of the U.S. Environmental Protection Agency's (EPA) recent decision to classify certain PFAS, namely perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as Superfund.

During the hearing conducted by the House Committee on Energy and Commerce's Subcommittee on Environment, AWWA's executive director for government affairs, Tracy Mehan, underscored that water utilities should not bear the financial burden of cleaning up contamination they did not cause. “Water utilities do not manufacture or profit from PFAS,” Mehan stated. “Yet, the current EPA rule exposes them to significant financial and legal dangers under CERCLA.” This means that utilities, which often serve as passive receivers of these harmful substances, could be held responsible for the costly cleanups associated with PFAS.

Mehan's testimony emphasized the negative impact of these financial liabilities, suggesting that when utilities are forced to allocate funds towards litigation or cleanup costs due to PFAS manufacturers, essential resources are diverted away from crucial operations. These operations include replacing aging infrastructure and complying with Safe Drinking Water Act requirements.

In light of these challenges, AWWA is advocating for the passage of the Water Systems PFAS Liability Protection Act (H.R. 1267). This bipartisan legislation aims to give water and wastewater utilities a carefully outlined exemption from liability for PFAS, except in instances of negligence or willful misconduct.

“The intent of CERCLA is to ensure polluters handle cleanup costs of contaminated sites. By exempting water and wastewater utilities, we further reinforce the 'polluter pays' principle,” Mehan continued, pointing out that this would prevent PFAS manufacturers from offloading their cleanup responsibilities onto water utilities and the communities they serve.

AWWA has been diligently working with partners in the water sector to raise awareness among congressional representatives regarding the burdens CERCLA liability may impose on utilities. Such collaboration is essential for garnering support to protect these crucial services from unjust financial obligations.

The hearing also featured testimonies from other stakeholders, including Susan Bodine, a partner at Earth Water Law; Lawrence W. Falbe, chair of the International Council of Shopping Centers Environmental and Land Use Policy Committee; and Emily Donovan, co-founder of Clean Cape Fear. Each presented their perspectives on the implications of PFAS regulations and the associated responsibilities.

Recording of the entire hearing and submitted written testimonies are available online for those interested in delving deeper into the discussions held today regarding PFAS liability and its broader implications for water utilities.

The AWWA, founded in 1881, is the largest nonprofit scientific and educational association dedicated to managing and treating water—the most vital resource for our communities. With a membership of approximately 50,000, the AWWA continues to provide solutions aimed at improving public health, protecting the environment, and enhancing the quality of life.

In summary, the call for PFAS liability protection is not merely about financial support for utilities; it points to the broader issue of environmental accountability and the need for effective legislative solutions that protect both public resources and the citizens who rely on them.