Incoming Senate Environment and Public Works Committee Chair, Capito, Plans to Ease Suite of PFAS Rules

Senator Shelley Moore Capito (R-WV), the incoming chair of the Environment and Public Works Committee (EPW), has expressed her plans to ease the impact of PFAS-related rules posed by the Biden Administration’s EPA. During a November 20 hearing, Capito noted her intention to work on legislation to waive CERCLA liability for some passive receivers while continuing to hold manufacturers and primary contributors of PFAS pollution accountable, an action which passive receivers are hopeful could break the deadlock on legislation which prevented a broader bipartisan PFAS bill from moving forward in 2024. Capito highlighted how the designation of PFOA and PFOS under CERCLA would impose financial penalties on passive receivers of PFAS, such as utilities, through strict cleanup costs under its liability system. Additionally, Capito highlighted her plan to utilize her new oversight authority to press the incoming Trump Administration to ease the current EPA’s Safe Water Drinking Act’s (SWDA) rules for six PFAS. 

Capito’s comments reflect long-held concerns from Republicans over the potential impact of CERCLA liability for passive receivers of PFAS. While Capito and her Republican colleagues were unable to advance bipartisan PFAS measures in the current Congress, she noted that she is looking forward to the next Congress to win Democratic support to advance several PFAS-related policies. ILTA will continue efforts to communicate the key considerations for liquid terminal owners’ liability under CERCLA in the upcoming Congress, analyzing and advocating the designation’s impact for its members.