NACWA hosted a webinar, Potential Impacts of PFAS CERCLA Designations on Clean Water Utilities, on Oct. 17 outlining the major provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) and the significant impacts EPA’s proposal to designate PFOA and PFOS as CERCLA hazardous substances could have on clean water utilities. 

NACWA members may access a recording of the webinar here and a copy of the slides here.

The webinar featured presentations from NACWA’s Legal Affairs Committee Co-Chairs, Devon Goodrich, Senior Counsel, Environmental Law Division, New York City Law Department, and Emily Jackson, General Counsel, Metro Water Recovery.  NACWA would like to thank our Co-Chairs for providing their valuable insights and expertise on CERCLA and the proposed PFAS designations with the membership.

The webinar also included a presentation from Senior Vice President for CDM Smith, Jane Madden, debuting a Reportable Quantity Calculator developed to assist clean water agencies in determining whether their potential releases of PFOA and PFOS could be immediately subject to CERCLA reporting requirements if the proposed hazardous substance designations are finalized. 

Finally, the webinar included information on the comments NACWA is preparing to submit to EPA in response to the proposed designations.  To obtain a copy of NACWA’s draft comments, please contact NACWA Director of Regulatory Affairs, Emily Remmel. 

Comments on EPA’s proposal are currently due November 7.  NACWA and other water associations have requested an extension of the comment period, but EPA has yet to respond to those requests.  

NACWA strongly encourages clean water utilities to utilize the information from the webinar to submit individual comments on the proposed CERCLA designations. It is critical that EPA hear the voices of the clean water community on the substantial potential impacts they could have on utilities nationwide. 

Please contact NACWA’s General Counsel, Amanda Aspatore, with any questions or comments.