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House Passes Comprehensive PFAS Bill
On Friday, January 10th, the House passed H.R.535 - the PFAS Action Act of 2019, which would require the EPA to determine whether to designate the entire class of per- and polyfluoroalkyl substances (PFAS), which contains over 5,000 chemicals, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The bill was introduced by Rep. Debbie Dingell (D-Mich.) last year and has been amended with a variety of new provisions while in the Energy and Commerce Committee. The bill passed with a vote of 247-159.
The bill would require the EPA to set drinking water standards for the two most common types of PFAS, perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), and would require that these two chemicals be immediately classified as hazardous substances. Such a designation would require cleanup efforts under the Superfund law. On the night and morning before the vote House lawmakers added on more than twelve more additional amendments including a requirement to list PFOA and PFOS as hazardous air pollutants under the Clean Air Act and a requirement for the EPA to create a website tool to help them understand the results of their water tests.
The bill is expected to stall in the Senate as Senate Republicans have expressed a refusal to vote in favor of the package. Additionally, the White House has stated that the president would veto it even if it did pass the Senate.
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