NACWA’s advocacy on PFAS is truly integrated, spanning the regulatory, legislative, legal, and communications landscape. Our focus is on encouraging federal action to protect public health and the environment and address public fears and concerns through adherence to sound science and a realistic approach to determining risk.
Biosolids management has been a particular focus of NACWA’s work, and we have stressed to policymakers that all biosolids management approaches - land application, landfilling, and incineration - must be preserved.
In the context of PFAS, policymakers must consider how various legislative and regulatory actions interact and the potentially unexpected consequences this can have on needed biosolids management approaches, utility operations and finances, and ratepayer
affordability overall.
A key priority toward those objectives is raising awareness of the potential legal and financial burden clean water utilities and their customers could face for cleanups under EPA’s proposed CERCLA listings for PFAS, unless Congress acts to protect the water sector from liability.
NACWA led a collaboration of water sector associations to form the Water Coalition Against PFAS, which is working to ensure the water sector carries a unified message to the Hill and elevates the collective voices of our membership to the greatest extent possible on this key issue.
NACWA worked closely with key members of Congress to introduce and advance the Water Systems PFAS Liability Protection Act, a bill that would protect the water sector from liability for any PFAS designated as a hazardous substance under CERCLA. We are now collaborating with Congress on a path to advance the bill, an effort which is urgent given the U.S. EPA’s proposal to designate PFOA and PFOS under CERCLA is expected to be finalized in early 2024.
NACWA is also working to develop a direct “polluter pays” legislative proposal
that would explicitly ensure that the chemical companies that produced, manufactured and profited from PFAS are legally responsible for any resulting environmental liability and costs, not innocent parties like clean water utilities and their customers.
This draft legislation is being teed up to discuss with key Congressional offices this fall.
NACWA also continues to elevate these concerns about utilities and their customers bearing the costs of PFAS remediation through Congressional hearings, comment periods and meetings with EPA and is supporting responsible legislative and regulatory actions to address PFAS through improved source control and reduced non-essential uses.
On the regulatory side, NACWA engaged in several activities this past year including but not limited to:
- Participating and commenting as part of EPA’s Scientific Advisory Board (SAB) review of the Agency’s proposed biosolids risk assessment framework;
- Commenting on EPA’s proposed new Maximum Contaminant Levels (MCLs) for PFAS for drinking water and their potential impact on clean water utilities;
- Providing input on EPA’s planned influent study to examine PFAS entering POTWs; and
- Commenting on and helping coordinate a sector meeting with EPA regarding the importance of the Agency exercising significant enforcement discretion for water sector utilities if PFAS chemicals are ultimately listed under CERCLA.
Additionally, NACWA has been working with EPA to help organize and initiate a facilitated biosolids workgroup that will include federal and state regulators and clean water utility representatives to discuss the impact of PFAS on biosolids and how to best maintain viable biosolids management options. NACWA collaborated with EPA on developing the charge for the workgroup.
Learn more about NACWA’s Advocacy on PFAS.
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