AMWA Joins Passive Receiver Organizations In Pressing Congress For PFAS Liability Protections

AMWA is keeping up the pressure on Congress to advance legislation to protect water systems and other passive receivers of PFAS from incurring cleanup liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Last week the association was part of a coalition of 45 stakeholder groups to write leading lawmakers with a request to “expedite legislation” that would provide the necessary protections.

“Passive receivers face unique challenges in managing PFAS relative to other CERCLA hazardous substances because of the ubiquity of these compounds in the stream of commerce, the lack of treatment technologies capable of achieving total PFAS removal, and the absence of enforceable federal or state standards on the management of waste streams containing PFAS,” the organizations wrote. “Nevertheless, passive receivers are committed to safeguarding public health and the environment, recognizing our role in long-term PFAS management solutions, and are actively developing strategies to manage waste streams of concern.”

Congress for years has been debating proposals to provide varying degrees of protections to PFAS passive receivers, and Republican committee leaders in the House and Senate have expressed support for passing legislation this year. However, any successful bill will likely require some degree of Democratic buy-in, and lawmakers have yet to reach agreement on language that is acceptable to all sides.

AMWA continues to engage on the issue with Capitol Hill both individually and as part of larger coalitions of stakeholders with groups both inside and outside of the water sector. In January AMWA joined other water sector organizations in submitting a statement for the record of a House of Representatives hearing on the topic, and the association also raised the issue in its own witness testimony before a House subcommittee committee in February.

Individual AMWA member utilities are also encouraged to make their own voices heard on this topic. Members can visit AMWA’s Legislative Action Center to access a letter template on passive receiver protections that can be customized and sent to representatives and senators.