The U.S. Environmental Protection Agency shared its proposal to designate PFOA and PFOS as hazardous chemicals under the Comprehensive Environmental Response and Liability Act (CERCLA) Aug. 26.
According to the EPA, the more than 100-page proposal for these two PFAS is preliminary and may change before it is published in the Federal Register. It is not clear when that publish date will be at this time. Once published, it will be open to public comment.
Following the announcement, Travis Loop, director of communication and public outreach for Water Environment Federation, said WEF and other organizations have asked for a cost analysis before finalizing such a designation.
“Water treatment facilities are receivers of PFAS and PFOA and not manufacturers or users of these chemicals. A CERCLA designation for PFAS and PFOA will greatly add to the costs of operating these facilities and managing biosolids,” Loop said. “Although some exemptions already in CERCLA may apply, WEF believes language should be included to make clear that water treatment facilities are not liable under CERCLA for these chemicals. WEF will work with its members to provide comments on the coming EPA rulemaking to reinforce these points.”
Water & Wastes Digest contacted several engineering firms for comment, but most chose not to comment at this time, seeking instead to review the information in detail first.
“It is too early to comment since the news release states that ‘EPA will be publishing the Notice of Proposed Rulemaking in the Federal Register in the next several weeks,’” said Frank J. Johns, chief engineer for Stanley Consultants. “Once published, we will then see whether the EPA has listened to the water and wastewater communities to ensure that this designation under CERCLA does not negatively impact municipalities and water and wastewater utilities.”
While concerns exist for utility liability Mike McGill, president of WaterPIO a communications consulting company for water and wastewater utilities, said such a designation would codify a more clear means to take polluters to task and have those companies pay for damages.
“The EPA is continuing its focus on the worst two PFAS out there. Hazardous designations are the path to punishment,” McGill said. “If wastewater utilities don’t get exemptions, then we will technically be polluters right along with the Chemours of the world. We’ll be sued and made to put advanced treatment in wastewater plants, and at faster rates than water plants.”
He said this would only be further complicated when biosolids are taken into account due to the commonality of land application. Disposal and destruction will also require more oversight given such a designation as well.
