Navigating the PFAS Regulation Debate: Balancing Public Health and Compliance Costs

The American Water Works Association (AWWA) and the Association of Metropolitan Water Agencies (AMWA) have filed a legal challenge against the U.S. Environmental Protection Agency's (EPA) final drinking water regulation for six per- and polyfluoroalkyl substances (PFAS), known as the National Primary Drinking Water Regulation (NPDWR). The organizations argue that the EPA failed to properly follow the requirements of the Safe Drinking Water Act (SDWA) in promulgating the rule, raising concerns about the health and financial impacts of the regulation.

Ensuring Scientifically Sound and Cost-Effective PFAS Regulations

Upholding the Safe Drinking Water Act's Rigorous Process

The AWWA and AMWA assert that the EPA departed from the fundamental requirements of the SDWA by truncating the rulemaking process, curtailing opportunities for public comment, and employing a novel equation rather than a clearly defined measurement as a standard for certain PFAS. They argue that the EPA's effort to move quickly has resulted in a regulation that fails to consider critical data, compromising its scientific defensibility.

Balancing Public Health Protection and Financial Implications

While the organizations support the EPA's decision to regulate PFOA and PFOS in drinking water, they have raised concerns about the accuracy of the rule's health and financial impact assessments. The AWWA's analysis suggests that the EPA's estimates underestimate the costs of implementing the new PFAS standards, which could result in significant financial burdens for community water systems across the country.

Ensuring Compliance and Addressing Disposal Challenges

The AWWA and AMWA have also expressed concerns about the compliance requirements of the NPDWR, particularly the need for community water systems to eventually dispose of water treatment residuals containing certain PFAS that the EPA has proposed to designate as hazardous substances. This additional challenge could further complicate the implementation of the new regulations.

Advocating for Scientifically Defensible Standards

The AWWA has suggested that standards of 10 parts per trillion (ppt) for PFOA and PFOS would be more appropriate, based on its own analysis using data from the EPA's Unregulated Contaminant Monitoring Rule 5 (UCMR 5). This analysis indicates that the EPA's estimates of the number of Americans affected by the new PFAS standards and the associated costs of implementing treatment solutions may be significantly higher than the agency's projections.

Seeking a Balanced Approach

The AWWA and AMWA are committed to working with the EPA to ensure that the final PFAS regulation is scientifically sound, cost-effective, and aligned with the clear process outlined in the SDWA. They believe that by following the statute's requirements, the EPA can identify the contaminants of greatest concern and prioritize investments to maximize public health protection, while also considering the financial implications for community water systems and their customers.