Clean Water Current

NACWA joined with other water sector partners and municipal groups on a July 11 letter to EPA and the White House Office of Management and Budget about potential regulation of PFAS.

The letter outlines significant concerns about the possible implications to municipal entities if EPA moves forward and designates PFAS chemicals as a hazardous substance under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) – also known as the Superfund law.  In particular, the letter notes that municipal entities – like public clean water utilities – are passive receivers of PFAS but could face considerable financial liability if the chemical fall under CERCLA given the strict liability nature of the law. 

Additionally, the letter expresses concerns that EPA has not sufficiently consulted with local governments about the potential implications of a CERCLA designation and requests that EPA engage in further discussions with municipal entities before making any regulatory determinations. 

NACWA will continue to aggressively advocate with EPA and Congress on PFAS issues and push back on regulations that could unnecessarily harm the clean water sector.  Members with questions can contact Kristina Surfus, NACWA’s Managing Director of Government Affairs.