The White House’s Office of Management and Budget (OMB) has released two U.S. Environmental Protection Agency (EPA) rule proposals back to the agency. EPA is expected to publicly announce these proposals this week.
- Extend the perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) maximum contaminant levels (MCLs) compliance deadlines by two years.
- Rescind the regulations and reconsider the regulatory determinations for perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA) (GenX), and the Hazard Index mixture of these three, plus perfluorobutanesulfonic acid (PFBS), to ensure that the regulatory determinations and any resulting drinking water regulations follow the legal process laid out in the Safe Drinking Water Act.
This action is consistent with filings to-date by EPA in Case No. 24-1188 before the Court of Appeals, DC Circuit. AWWA and the Association of Metropolitan Water Agencies (AMWA) initiated this judicial review raising issues included in these two rulemakings.
No action to-date has altered water system compliance deadlines under the current federal PFAS Rule finalized in 2024.
EPA had anticipated these proposed rule revisions would be published last fall. EPA must consider public comment and publish a final rule before the proposed rule requirements can take effect. Similarly, oral arguments have not yet been scheduled in the judicial review.
Given the high level of public interest in PFAS, water utilities should prepare for media and customer inquiries resulting from the announcement.
AWWA encourages members to prepare for media inquiries and to proactively communicate with the communities you serve about what your water system is doing to address PFAS exposure. In responding to inquiries, AWWA recommends that utilities:
- Acknowledge the concern all contaminants present to safe drinking water. Emphasize to media and consumers that you are committed to protecting public health.
- Point out that your utility seeks out and monitors for unregulated contaminants under the Unregulated Contaminant Monitoring Rule (UCMR) to stay ahead of potential health risks.
- Make clear that your water meets federal and state standards for safety (clearly explaining any Safe Drinking Water Act violations).
- Focus on how water risks are assessed and managed, using the rigorous scientific framework of the Safe Drinking Water Act and your state (equivalents).
- Invite media and consumers to learn more about your local water quality by providing them with consumer confidence reports (CCR) and other web-based information or connecting them to the appropriate utility contact.
- If possible, contact your local health department and/or a trusted academic voice to collaborate in communicating about PFAS.
AWWA has resources to assist water systems communicate to decision makers and the public about PFAS.
If you receive calls related to the ongoing judicial review of the current PFAS rule, please direct them to Greg Kail, AWWA director of communications, 303-913-0063.
|
