Last week the U.S. House of Representatives passed H.R. 535, the PFAS Action Act of 2019. The bill would require the Administrator of the Environmental Protection Agency to designate per- and polyflouroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), among other actions.
Click the following link to see the Committee Report on H.R. 535: https://www.congress.gov/congressional-report/116th-congress/house-report/364/1?q=%7B%22search%22%3A
As you recall, the Senate and House attached PFAS provisions to the National Defense Authorization Act (NDAA) passed in December. Those provisions did not include subjecting PFAS to CERCLA liability, which the House wanted. Moving H.R. 535 so soon in the second session of the 116th Congress is representative of the House’s more aggressive regulatory posture on PFAS.
It is unlikely that the Senate will move a comprehensive PFAS bill in this session of Congress, having just included provisions in the NDAA. Nonetheless, the House passage of H.R. 535 represents a significant development in what will be ongoing efforts to address additional PFAS legislation over the long term.
We recommend that FAMA and FEMSA members consult with their legal counsel to determine how H.R. 535 might affect their operations, if enacted into law.
If you have any questions, please contact GAC Co-chairs: