U.S. Sens. Shelley Moore Capito (R-WV) and Thom Tillis (R-NC) are original cosponsors of bipartisan legislation to expand the list of dangerous substances eligible for federal cleanup funds.

The PFAS Action Act of 2019, S. 638, would require the administrator of the Environmental Protection Agency (EPA) to designate per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, according to the text of the bill.

Such action would make these PFAS eligible for cleanup funds under the EPA Superfund law and would require that polluters pay for remediation, according to the lawmakers.

“As we’ve learned, certain types of PFAS pollution can have serious consequences when it comes to the environment and to public health and safety. That’s something we need to address,” said Sen. Capito, chairwoman of the U.S. Senate Environment and Public Works Transportation and Infrastructure Subcommittee. “Our bill will help provide resources for PFAS pollution cleanup and will make it possible to hold those responsible for it accountable.”

The Feb. 28 introduction of S. 638, sponsored by U.S. Sen. Tom Carper (D-DE), follows the EPA’s Feb. 14 release of its PFAS Action Plan, which includes a proposal from the EPA to designate two contaminants of emerging concern — perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) — as hazardous substances under CERCLA, also known as the Superfund, a federal government program designed to fund the cleanup of sites contaminated with hazardous substances and pollutants.

Sens. Tillis and Capito said that requiring the EPA to also list PFAS as hazardous substances under CERCLA also could advance the EPA’s proposed plan.

“North Carolina has had a long and tragic history with toxic water contamination,” Sen. Tillis said. “That is why I am joining my colleagues in this bipartisan effort that would require the EPA to designate PFAS as a hazardous substance, enhancing efforts to clean up existing sites and prevent future contamination.”

Sen. Carper pointed out that the EPA’s action plan “did not indicate how long it would take to fulfill” its commitments to designate PFOA and PFOS as hazardous chemicals, nor to identify the available statutory mechanism it would use or how long the designation process would take to complete.

“This is an issue that must be addressed with urgency — and that’s why this bill is so important,” he said. “Designating these chemicals as hazardous substances will, at a minimum, start the process to ensuring contaminated sites across the country are cleaned up and Americans are safer from the threat posed by these emerging contaminants.”

Other cosponsors of S. 638 include U.S. Sens. Cory Gardner (R-CO) and Richard Burr (R-NC).

“I’m proud to lead this bipartisan legislation with Senator Carper and will continue working with my colleagues, EPA, and others to resolve the issue more broadly,” said Sen. Capito.

S. 638 is under consideration now by the Senate Environment and Public Works Committee.

Additionally, S. 638 is the Senate version of the same-named H.R. 535, introduced on Jan. 14 in the U.S. House of Representatives by U.S. Reps. Fred Upton (R-MI) and Debbie Dingell (D-MI). H.R. 535 is being reviewed by both the U.S. House Energy and Commerce Committee and the U.S. House Transportation and Infrastructure Committee.