NACWA helped organize a joint letter last week with the Water Environment Federation (WEF), American Water Works Association (AWWA), Association of Metropolitan Water Agencies (AMWA), and California Association of Sanitation Agencies (CASA) requesting an extended notice-and-comment period to allow for a more thorough analysis of EPA’s recent proposal designating two per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 

If finalized, the CERCLA proposal will have significant cost and liability implications across many sectors, including clean water utilities. Unfortunately, by virtue of the public services provided by clean water agencies, utilities engage in multiple activities that fall under CERCLA’s “disposal” umbrella and thus would be subject to potential liability and increased oversight under this proposal. 

In addition to the complex nature of the proposal itself, the economic impact report accompanying the proposal had not previously been made available to the public and requires a thorough evaluation as well.  In the short time the “Economic Assessment of the Potential Costs and Other Impacts” document has been available to the public, NACWA already has serious concerns that the assessment significantly underestimates the potential economic costs on the water sector from the proposed rule. 

For more information and resources concerning PFAS, please visit NACWA’s PFAS advocacy page. For questions regarding the PFAS rule proposal and NACWA’s planned advocacy moving forward, please contact Nathan Gardner-Andrews, NACWA’s Chief Advocacy & Policy Officer, or Amanda Aspatore, NACWA’s General Counsel.