The National Special Districts Coalition (NSDC), of which CSDA is a founding member, submitted a comment letter to the U.S. Environmental Protection Agency expressing concern regarding the potentially significant costs on special districts should liability for contamination related to PFAS not be specified within the agency’s proposed regulations. In addition, NSDC raised concerns regarding the EPA forgoing cost estimates in its rulemaking process. Furthermore, the letter emphasized that special districts are involuntary recipients of PFAS contamination and not manufacturers; therefore, they should not be designated Superfund sites and held liable under CERCLA.
As previously reported in CSDA’s eNews, the EPA is considering 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.” Under the proposed rule, EPA could designate sites contaminated with PFOA and PFOS as Superfund sites, potentially triggering significant cleanup requirements and liability concerns for special districts and other public agencies.
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.
NSDC commented to the EPA on behalf of CSDA and the more than 30,000 special districts throughout the United States, based on the potential liability for special districts that this proposed rule could create -- particularly those providing water, wastewater treatment, and fire protection services.
Click here to read the full NSDC comment to EPA.
As an added benefit to CSDA members, the following NSDC resources are available on this issue:
According to an American Water Works Association report, PFAS cleanup costs to the nation’s public utilities – including special districts – could reach $370 billion. Special districts are often at the front lines of PFAS impacts; therefore, NSDC and CSDA will continue tracking and engaging on this issue as appropriate at the federal and state levels.
For additional information regarding PFAS issues at the federal level, contact Cole Arreola-Karr, NSDC Federal Advocacy Director. For state-related PFAS and other water policy issues, contact Charlotte Holifield, CSDA Water Policy Analyst, at charlotteh@csda.net.
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