CASA Submits Comment Letter to EPA on PFAS CERCLA Designation
In response to the U.S. Environmental Protection Agency (USEPA) request for public comment on the proposed Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances, CASA submitted a comment letter last week. USEPA published the proposed rulemaking in the Federal Register in September. The public comment period deadline is November 7. In the letter, CASA acknowledges the importance of upholding water quality and safety standards and emphasizes this is a core responsibility of CASA members. However, the letter states that without specific language clarifying certain water and wastewater public utility activities are excluded, the designation would impose unreasonable liabilities and economic burdens on local public agencies and their ratepayers.

Further, the letter cautions that without an explicit exemption for water and wastewater activities, it represents a questionable approach to finding long term solutions for PFAS contamination. As a result, the CASA urges that in the final rule USEPA provide and clarify exemptions for water and wastewater utilities and cites the below key points as reasons for this. Detailed explanations of each can be found in the attached letter.

  • PFOA and PFOS Designation Could Subject Local Water and Wastewater Agencies and their Ratepayers to Unwarranted Financial Liability
  • Impacts to Water and Wastewater Agencies Should be Included in Cost Considerations
  • Clarifying Exemptions for Water, Wastewater, Recycled Water and Biosolids are Essential