Press Release

PUC Urges Congressional Action to Address Potential ‘Forever Chemical’ Cleanup Liability for Water & Wastewater Utilities

Published on 4/22/2024

Filed under: Water and Wastewater

Concerns Raised About Cost Impacts on Utilities and Consumers related to PFAS Cleanup

HARRISBURG – As the U.S. Environmental Protection Agency (EPA) moves toward finalizing its proposal to designate Per- and Polyfluoroalkyl Substances (PFAS) – also known as “forever chemicals” – as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), members of the Pennsylvania Public Utility Commission (PUC) have voiced concerns over the potential impacts on water and wastewater public utilities and the resulting financial burden on Pennsylvania water customers.

The PUC recognizes the critical role that regulated water and wastewater public utilities play in providing safe, affordable services to communities across the state. However, with the looming possibility of CERCLA liability for PFAS remediation, these utilities face significant financial challenges that may ultimately be passed on to consumers through increased rates.

In the absence of clear authority from Congress to exempt certain entities from CERCLA liability, water and wastewater customers may bear the brunt of remediation costs. This situation underscores the urgent need for legislative action to protect both utilities and consumers from undue financial strain.

"Communities across America rely on water systems run by America’s water and wastewater public utilities to provide safe drinking water, nourish our families, run our homes and businesses, protect our waterways and more," noted the five PUC Commissioners in a letter to members of Pennsylvania’s Congressional delegation. "Water and wastewater public utilities have been at the forefront of protecting public health, safety, and the environment by investing to remove PFAS from our drinking water, even in the absence of state or federal requirements."

The PUC is urging Congress to take decisive action to address potential CERCLA liability for water and wastewater public utilities. By doing so, lawmakers can ensure the continued provision of safe, reliable water services while protecting consumers from unjustified rate increases.

"We encourage Congress to support language that safeguards water and wastewater utilities and their consumers," the PUC letter stated. "It is imperative that we prioritize public health and safety and mitigate the financial burdens facing Pennsylvania's water customers."

The PUC stands ready to work collaboratively with federal lawmakers and stakeholders to enact meaningful legislation that addresses this pressing issue.

About the PUC

The Pennsylvania Public Utility Commission balances the needs of consumers and utilities; ensures safe and reliable utility service at reasonable rates; protects the public interest; educates consumers to make independent and informed utility choices; furthers economic development; and fosters new technologies and competitive markets in an environmentally sound manner.

Visit the PUC’s website at puc.pa.gov for recent news releases and video of select proceedings. You can also follow us on X (formerly Twitter), Facebook, LinkedIn, Instagram and YouTube. Search for the “Pennsylvania Public Utility Commission” or “PA PUC” on your favorite social media channel for updates on utility issues and other helpful consumer information.

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Contact:

• Nils Hagen-Frederiksen
  Press Secretary
  717-418-2701
  nhagen-fre@pa.gov