NEBRAMail has reported on this major concern in the past (see CERCLA Liability Advocacy — NEBRA (nebiosolids.org)).  

The U.S. Environmental Protection Agency (EPA) has proposed to designate several per- and polyflouroalkyl substances (PFAS) compounds as “hazardous” under the Comprehensive Environmental Response Compensation and Liability Act CERCLA (most commonly known as the Superfund law) and has plans to add more to the list. The EPA has stated that it would use its discretionary authority to target the sources of PFAS contamination, but that does not prevent private parties from bringing passive receivers into a CERCLA clean up action. 

These concerns are shared by elected officials as well. Specifically, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) sent a letter to EPA urging the agency to reopen its comment period on its proposed CERCLA hazardous substances designation for PFOA and PFOS. The letter cites the unprecedented use of CERCLA authority and the lack of indirect costs and economic assessment. It also refers to liability impacts on passive receivers. They ask EPA to reopen the comment period for an additional 60 days.

A group representing passive receivers, including NEBRA, sent a joint letter to the Senate Environment and Public Works Committee on this issue back in April 2023. Congress is actively reviewing this issue now. Senator Capito (R-WV) published an op-ed in Roll Call stressing the need for CERCLA liability protections for passive receivers of PFAS.  

“We still need members to reach out to their elected officials on this very important issue,” said NEBRA Executive Director Janine Burke-Wells. “The Water Environment Federation (WEF)’s Water Advocates Program has made it easy!”

Go here to quickly submit an electronic letter to your elected officials:
Take Action Today: Urge Congress to Protect Water Utilities from CERCLA and Ensure Polluters Pay! (oneclickpolitics.global.ssl.fastly.net)