Washington, D.C. — 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.