Passive Receiver CERCLA Liability Exemption
Representative John Curtis (R-UT) has introduced H.R. 7944, Water Systems PFAS Liability Protection Act. Representative Marie Gluesenkamp Perez (D-WA) co-leads the bill. The legislation represents the House’s approach to addressing PFAS CERCLA liability for the water and waste water sector, as well as solid waste sector. Under the legislation, a person, State, or Tribe would be prohibited from recovering costs or damages under CERCLA from a ‘protected entity’ that have resulted from the release of PFAS chemicals that are designated as hazardous substances under CERCLA. The legislation defines a “protected entity” as a public drinking water, public or privately owned treatment works, municipality with a Clean Water Act Section 402 permit for stormwater, political subdivision or special district, or contractor performing management or disposal activities.

However, the bill qualifies ‘protected entity’ eligibility only applies if, in the event the entity does convey, transport, treat or dispose of a covered PFAS chemical, the entity abides by all applicable laws at the time of said activity. Further, the bill stipulates that protected entity status will only apply if during or following the conveyance or treatment of water under federal or state law the:

  • management and disposal of biosolids is consistent with Clean Water Act Section 405,
  • Effluent discharge is in accordance with Section 402,
  • release or disposal of water treatment byproduct is from granulated activated carbon, filter media; or processed waste streams; and,
  • conveyance or storage of water is for the purpose of conserving or reclaiming water supply.

The introduction of H.R. 7944 comes as the Senate Committee on Environment and Public Works staff continue to work to reach an agreement on passive receiver CERCLA liability exemption language. To date staff have yet to reach an agreement.

 

USEPA Finalizes Drinking Water National Standard for PFAS
Earlier this month, the U.S. Environmental Protection Agency (USEPA) finalized its National Drinking Water Standard for PFAS. The rule’s publication symbolizes a major accomplishment by the Agency to fulfill part of its regulatory agenda outlined in its PFAS Strategic Roadmap. Specifically, the rule sets Maximum Containment Limits (MCLs) for five PFAS chemicals in parts per trillion (ppt) and a Hazard Index level for a mixture of two or more of the five chemicals:

  • PFOA – 4.0 ppt
  • PFOS – 4.0 ppt
  • PFHxS – 10 ppt
  • PFNA – 10 ppt
  • HFPO-DA – 10 ppt
  • For mixtures containing two or more of PFHxS, PFNA, HFPO-DA and PFBS, the rule sets a Hazard Index at 1 (unitless)

Importantly, the Agency decided to take a phased approach for the rule. Public water systems will be required to monitor for the identified PFAS chemicals, but will have three years to complete initial monitoring for the chemicals. The information collected on the levels of PFAS present in the system’s drinking water must be publicly available starting in 2027. Should monitoring find PFAS levels that exceed the rule’s MCLs, public water systems will have five years to implement treatment solutions to reduce the presence of PFAS. Finally, starting in 2029, public water systems with PFAS present in their drinking water that violates the rule’s MCLs must take action to reduce the levels of PFAS. These public water systems will also be required to provide public notice of the violation.

Over the coming weeks USEPA will be hosting informational webinars about the rule’s roll out and implementation that will be open to the public. Dates and registration information for the webinars will be listed on the PFAS drinking water regulation webpage. The publication of this rule is not the end of the Agency’s PFAS rulemaking efforts. The Agency’s final rule on a CERCLA designation for PFOA and PFOS has still yet to be published.