What Happened?

Your water utility, local farm, or fire department could face federal cleanup costs for a chemical they never made or used. The Congressional Research Service (CRS), the nonpartisan research arm of Congress, released a report examining how federal Superfund law applies to per- and polyfluoroalkyl substances (PFAS), synthetic chemicals used in nonstick coatings and firefighting foam that persist in the environment and have been linked to health risks. ​

The Environmental Protection Agency (EPA) classified two common PFAS compounds as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal Superfund law that governs who pays for toxic cleanups, in a rule published May 8, 2024. Any entity that received or handled those chemicals, even passively, can potentially be held liable for cleanup costs.

EPA Administrator Lee Zeldin announced in September 2025 that the agency would keep the rule, and a federal appeals court unanimously upheld it on Aug. 18.

Why Does it Matter to Me?

Who pays for PFAS cleanup could affect your water bill, your taxes, and how quickly contaminated sites near you get addressed.

Congress has considered exemptions for water and wastewater systems, municipal landfills, airports, fire departments, and farms where biosolids are applied, groups that may face possible exposure. Supporters argue these entities never made or used PFAS, though liability at any site depends on its specific facts.

The Department of Defense (DOD) estimated $3.3 billion in actual obligations through fiscal 2025 for PFAS cleanup at military sites, with another $10.2 billion estimated to finish the job. The report's text lists Defense Department funding for PFAS cleanup at $404 million in fiscal 2023 and $255 million in fiscal 2026, and says the President's fiscal 2027 request would cut it to $142 million, though its Figure 1 table lists different amounts that the report does not reconcile.

Both Sides, Now

Supporters of statutory exemptions argue that water and wastewater systems, farms, and fire departments did not manufacture or use PFAS. The Water Systems PFAS Liability Protection Act would exempt public water systems, wastewater operators, and certain contractors from CERCLA liability except in cases of gross negligence.

The opposing view holds that existing liability law is adequate, citing an April 19, 2024, Environmental Protection Agency (EPA) policy that said the agency would focus on manufacturers and federal facilities and did not intend to pursue water utilities, farmers, municipal landfills, airports or local fire departments where equitable factors did not support it. A federal appeals court unanimously upheld the PFAS hazardous-substance designation on Aug. 18, 2025, leaving the existing framework intact, according to Water & Wastewater Finance.

EPA's enforcement discretion policy is nonbinding and not legally enforceable. President Donald Trump's administration has not enacted any PFAS liability exemption to date.

What Happens Next?

The Water Systems PFAS Liability Protection Act has been introduced but has not passed. It would need to clear committee, pass both chambers, and be signed by the president to become law.

Each year, Congress decides how much money the Defense Department (DOD) gets for PFAS cleanup. DOD has not provided estimated completion dates for remediation at any installation.

The CRS report flags that Congress could direct the Government Accountability Office or DOD's inspector general to examine the pace of the military cleanup program.

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AllCiv makes it easy to stay politically informed and involved.

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