@SenatorBennet, @SenCoryGardner & Colleagues Introduce #PFAS Action Plan of 2019

Widefield aquifer via the Colorado Water Institute.

Here’s the release from Senator Bennet’s office:

Bipartisan bill would designate PFAS chemicals as hazardous substances under our environmental protection laws

U.S. Senators Michael Bennet (D-CO) and Cory Gardner (R-CO), with a bipartisan group of colleagues, today introduced legislation that would mandate the Environmental Protection Agency (EPA), within one year of enactment, declare per- and polyfluoroalkyl substances (PFAS) as hazardous substances eligible for cleanup funds under the EPA Superfund law, and also enable a requirement that polluters undertake or pay for remediation.

“It is inexcusable that the Trump administration continues to delay action to address PFAS contamination across the country,” Bennet said. “This bipartisan bill will ensure contaminated sites are cleaned up and resources are available to communities in Colorado so they have access to safe drinking water. Passing this measure is one of many steps we must take to address this public health threat with the urgency it requires.”

“This bipartisan legislation will allow EPA to pursue polluters responsible for PFAS contamination and provide the communities remediation options through Superfund,” Gardner said. “PFAS contamination is a serious issue facing our communities and we need to act quickly to address this challenge. I will continue working to make sure Coloradans have access to clean and safe drinking water.”

In May 2018, former Environmental Protection Agency (EPA) Administrator Scott Pruitt announced that EPA would propose designating PFOA and PFOS, two specific PFAS chemicals, as “hazardous substances” through one of the available statutory mechanisms, including CERCLA Section 102. Nearly a year later, on February 14, 2019, EPA released its long-anticipated PFAS Action Plan. The plan included another commitment by EPA to make that designation for PFOA and PFOS, but did not identify the available statutory mechanism it would use, nor how long the designation process would take to complete.

Clear and swift action from Congress to list PFAS as hazardous substances under CERCLA would advance the action already proposed by EPA, enabling the agency to protect human health and the environment in an expeditious manner.

Bennet’s reaction to the EPA’s plan, and his record of two years of work to address PFAS in Colorado and across the country, is available HERE.

In addition to Bennet and Gardner, original cosponsors include U.S. Senators Tom Carper (D-DE), Shelley Moore Capito (R-WV), Gary Peters (D-MI), Thom Tillis (R-NC), Debbie Stabenow (D-MI), Marco Rubio (R-FL), Jeff Merkley (D-OR), Jack Reed (D-RI), Lisa Murkowski (R-AL), Jeanne Shaheen (D-NH), Richard Burr (R-NC), and Joe Manchin (D-WV). U.S. Representative Debbie Dingell (D-Mich.) led the introduction of companion legislation in the House of Representatives earlier this Congress.

The bill text is available HERE.

From The Colorado Springs Gazette (Jakob Rodgers):

The senators’ PFAS Action Plan for 2019 comes after the Environmental Protection Agency was criticized by environmental groups and affected residents for not going further in its plan for addressing the chemicals.

The bipartisan legislation — Bennet is a Democrat, Gardner a Republican — mandates the EPA declare all perfluoroalkyl and polyfluoroalkyl substances, man-made compounds also known as PFAS, as “hazardous substances” within one year of the bill’s passage. The designation would clear the way for the EPA to use Superfund money to clean up contaminated sites, while opening the door for the government to sue polluters for cleanup costs.

“It seems like a positive step,” said Meghan Hughes, a spokeswoman for the Colorado Department of Public Health and Environment. “It really could be a driver for PFAS groundwater investigations and contaminations (cleanups) across the state.”

[…]

The legislation does not address any other aspect of the EPA’s oversight of those chemicals, such as whether the agency should regulate the chemicals in a similar fashion as lead, cyanide and mercury.

Should it pass, it’s impact on southern El Paso County — where the drinking water of tens of thousands of Security, Widefield and Fountain residents was tainted — remained unclear Friday.

The Air Force is in the midst of a yearslong process to address the chemicals that is similar to the federal Superfund program, due to the decadeslong use of a firefighting foam containing the toxic chemicals at Peterson Air Force Base that was detected in groundwater.

The Air Force is still investigating the contamination — a process that was expected to take years. And any cleanup steps — such as removing the chemicals from the Widefield aquifer — have not been announced, nor has money been allocated for such cleanup efforts.

In the meantime, water districts serving Security, Widefield and Fountain have spent millions of dollars installing treatment systems and piping in water from elsewhere to remove the chemicals from residents’ tap water to nondetectable levels.

Two other communities in Colorado — in Boulder and Adams counties — also have discovered the chemicals in their drinking water. Both contamination sites were near fire departments that used the same toxic firefighting foam that was a mainstay at Peterson Air Force Base, according to the Colorado Department of Public Health and Environment.

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