On September 9, 2022, the U.S. Environmental Protection Agency (EPA) released its Notice of Proposed Rulemaking designating the two most studied and widely used polyfluoroalkyl substances (PFAS) – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the “Superfund Law.” Comments on the Notice of Proposed Rulemaking are due November 7, 2022.
The Superfund Law is an EPA program addressing environmental contamination to protect both public health and the environment. PFAS are a group of chemicals found in products such as food packaging, stain-resistant materials, nonstick cookware, outdoor gear, firefighting foam, and common household items. Most Americans have been exposed to these chemicals and have them in their bloodstream, especially PFOA and PFOS.
According to the Centers for Disease Control, the presence and concentration of PFAS in drinking water supplies presents a substantial public health challenge over the next several decades. Studies have shown a link between PFOA and PFOS to kidney and testicular cancer, in addition to endocrinological disruptions. Furthermore, PFAS exposure may increase the risk of contracting infectious diseases such as COVID-19 and even reducing the effectiveness of vaccines.
You may submit your comments on the Notice of Proposed Rulemaking on or before November 7 via one of the methods below. All submissions received must include agency name and the docket number. Please share a copy of your comments with CSDA Water Policy Analyst Charlotte Holifield at charlotteh@csda.net:
- Federal Rulemaking Portal: follow the instructions for submitting your comments.
- Email: DOI_Privacy@ios.doi.gov. Be sure to include the docket number [DOI-2022-0007] or RIN 1090-AB16 in the subject line.
- S. Mail or Hand Delivery to:
- Teri Barnett, Department Privacy Officer, U.S. Department of the Interior, 1849 C Street NW, Room 7112, Washington D.C., 20240
The National Special Districts Coalition (NSDC), of which CSDA is a founding member, has the following resources available for special districts to stay informed of federal actions about PFAS, plus tools to successfully engage on these issues:
This year, CSDA advocated on multiple PFAS bills including AB 2771 (Friedman), AB 1817 (Ting), and AB 2247 (Bloom). AB 2771 and AB 1817 were both signed into law by Governor Gavin Newsom on September 29; however, AB 2247 was vetoed, with Newsom citing concerns about the bill’s costs of implementation.
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