AGC Urges Reliance on Science as Congress Looks to Regulate PFAS, Warns Congress about Unwarranted Superfund Liability for Contractors

January 9, 2020

On Jan. 9, AGC urged members of the U.S. House of Representatives to oppose H.R.535, the PFAS Action Act of 2019. The bill, which is expected for a floor vote on Jan. 10, threatens to derail and overwhelm ongoing efforts at the U.S. Environmental Protection Agency (EPA) to study PFAS and develop science-based, protective regulations for specific types of PFAS when warranted. AGC further expressed its concern that the bill may result in mandates that put construction contractors unnecessarily at risk of Superfund liability on normal, “every day” projects where trace amounts of PFAS may be found in the dirt or groundwater. This bill will open contractors up to risk without specific “Good Samaritan” or innocent contractor provisions to protect them. AGC also joined other business organizations in a joint appeal to urge a “NO” vote on this measure.

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