Necessity of Protecting Water Systems from CERCLA Liability for PFAS

  • Apr 28, 2022
  • Comment Letters

To: Dear Chairman Carper, Ranking Member Capito, Chairman DeFazio, Ranking Member Graves, Chairman Pallone, and Ranking Member McMorris Rodgers

Subject: Necessity of Protecting Water Systems from CERCLA Liability for PFAS

Letter excerpt:

On behalf of organizations representing the nation’s drinking water, wastewater, and water reuse utilities, we request that Congress provide an explicit exemption from liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) if PFAS chemicals are designated as hazardous substances. As organizations dedicated to the protection of public health and the environment, we call on Congress to maintain CERCLA’s bedrock principle of polluter pays, and to reject any policy that seeks to shift the burden for PFAS cleanups onto the public. Where appropriate, Congress has protected certain entities in the past from CERCLA liability, and we ask Congress to do the same for the nation’s water sector in the case of PFAS contamination.1 We further urge robust federal funding to advance understanding of PFAS risks, exposure pathways, and treatment and destruction technologies.

Download Comment Letter

Suggested Resources

3 RESOURCES
Comment Letter: 2026-27 State Budget – Climate Bond, Greenhouse Gas Reduction Fund, Position Elimination

To: Senate President pro Tempore Limón, Assembly Speaker Rivas, Budget Chairs Laird and Gabriel, and Subcommittee Chairs Gómez Reyes and Bennett […]

Joint Comment Letter: Fully Funding The SAFER Drinking Water Program

To: Governor Gavin Newsom, Senate President pro Tempore Limón, Assembly Speaker Rivas, Budget Chairs Laird and Gabriel Subject: Fully Funding […]

Comment Letter: U.S. EPA: National Primary Drinking Water Regulation for Perchlorate

To: Anne Lausier, U.S. Environmental Protection Agency, Office of Ground Water and Drinking Water, Standards and Risk Management Division Subject: […]