Water utility trade groups to take legal action over EPA’s PFAS rule

(UI) – American Water Works Association (AWWA) CEO David LaFrance and Association of Metropolitan Water Agencies (AMWA) CEO Tom Dobbins released a statement regarding legal action related to EPA’s final National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (PFAS).

“AWWA and AMWA share the U.S. Environmental Protection Agency’s goal of protecting people from potentially harmful levels of PFAS in drinking water. Both AMWA and AWWA supported EPA’s decision to swiftly pursue development of a national PFAS regulation, and we provided the agency with robust, constructive comments to maximize public health benefits in a cost-effective manner.

“We are concerned, however, that EPA did not use the best available data and appropriate processes in developing the PFAS regulation. For example, we question the use of a novel ‘Hazard Index’ in place of a Maximum Contaminant Level for mixtures of certain PFAS, and the issuing of a preliminary determination to regulate certain PFAS simultaneously with the proposed rule.

“The rule significantly underestimates nationwide costs, does not take into account the latest PFAS data, and will add to affordability challenges for many households without achieving the public health outcomes we all seek.

“Scientific process matters, especially when it will set precedent for how EPA develops future drinking water regulations. AMWA and AWWA therefore believe it is prudent to ask a court to verify that EPA constructed the PFAS regulation according to the letter and spirit of the Safe Drinking Water Act, and to give EPA an opportunity to revisit any components of the rule that fell short.”

Per- and polyfluoroalkyl substances, or PFAS, are a class of chemicals used in waterproof and nonstick products that have invaded U.S. waterways and drinking water and have been linked to certain cancers.

 

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