WYOMING — Senator Cynthia Lummis (R-WY) introduced five bills to protect the use of per- and polyfluoroalkyl substances (PFAS) against liability claims if the Environmental Protection Agency (EPA) designates PFAS compounds as hazardous substances.
The bills include the Agriculture PFAS Liability Protection Act, the Airports PFAS Liability Protection Act, the Fire Suppression PFAS Liability Protection Act, the Resource Management PFAS Liability Protection Act and the Water Systems PFAS Liability Protection Act.
Lummis introduced this legislation in response to an August 2022 proposed EPA rule to designate two PFAS compounds as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This would subject any Wyoming entity with PFAS contamination to potential CERCLA liability from the EPA and third parties.
The Natural Resources Defense Council (NRDC) defines PFAS as “forever chemicals,” manmade chemicals that are toxic at extremely low levels and pose significant health risks. The NRDC links PFAS to cancer (kidney and testicular), hormone disruption, liver and thyroid problems, interference with vaccine effectiveness, reproductive harm and abnormal fetal development.
PFAS are widely used, in places like household materials and fire suppression foams.
According to a press release from Senator Lummis’ office, should the EPA rule be finalized, Wyoming entities such as water treatment plants, landfills, farms and ranches would be held liable for PFAS contamination and entities such as airports, fuel depots and refineries that are required to test and use fire suppression foam containing PFAS would be at risk for litigation.
The press release states that the covered entities in these bills either do not contribute to PFAS contamination or are required to use PFAS-containing substances through regulations.
“This is another instance of the Environmental Protection Agency overstepping its authority and putting onerous regulations on businesses in Wyoming,” said Senator Lummis. “That is why I am introducing this suite of legislation to protect entities from frivolous lawsuits.”
Senators Roger Wicker (R-MS), John Boozman (R-AR), Kevin Cramer (R-ND), Pete Ricketts (R-NE), Markwayne Mullin (R-OK), Dan Sullivan (R-AK) and Lindsay Graham (R-SC) cosponsored this legislation.
