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The United States House of Representatives has passed per-and polyfluoroalkyl substances (“PFAS”) legislation as part of annual amendments to the National Defense Authorization Act (“NDAA”), H.R. 2500. Two last-minute amendments carry the potential for serious consequences for clean water utilities, as the amendments would trigger liability for all PFAS chemicals under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) as hazardous substances, which could potentially impose Superfund liability for biosolids containing PFAS. In addition to CERCLA liability, the amendments would also require that all PFAS be added to the Clean Water Act (“CWA”) toxic pollutants list, require the U.S. Environmental Protection Agency (“EPA”) to develop CWA effluent limitations for PFAS, and require pretreatment standards for PFAS.
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