Water Coalition Against PFAS statement on final EPA CERCLA rule and enforcement memo

The American Water Works Association (AWWA), as a member of the Water Coalition Against PFAS, a coalition of drinking water and wastewater sector organizations, released the following statement after the U.S. Environmental Protection Agency (EPA) announced its final rule to classify PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

“The Water Coalition Against PFAS believes in holding polluters responsible for cleaning up PFAS and is disappointed that EPA’s designation of PFOA and PFOS as hazardous substances will allow them to skirt that responsibility. The final rule from EPA puts water systems at risk, will translate to higher costs for ratepayers, and opens water systems up to costly litigation.

“The ‘enforcement discretion’ memo simultaneously released by the EPA shows that the agency does not believe that water systems are the problem, but the reality of this final rule means that utilities will face increased operational costs and uncertainties, and most worrisome, will be the target of endless litigation from the manufacturers of PFAS. Even if specific legal action from polluters fails, the litigation costs alone will be enough to financially strain water systems and result in increasing costs for customers.

“With the rule now finalized, Congress must act immediately to uphold CERCLA’s “polluter pays” principle and provide a statutory liability shield for water systems related to PFAS cleanups.”

The Water Coalition Against PFAS represents a broad alliance of drinking water and wastewater organizations including: the Association of Metropolitan Water Agencies (AMWA); the American Water Works Association (AWWA); the National Association of Clean Water Agencies (NACWA); the National Association of Water Companies (NAWC); the National Rural Water Association (NRWA); and the Water Environment Federation (WEF).

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Established in 1881, the American Water Works Association is the largest nonprofit, scientific and educational association dedicated to managing and treating water, the world’s most vital resource. With approximately 50,000 members, AWWA provides solutions to improve public health, protect the environment, strengthen the economy and enhance our quality of life.