19366_Authority_August

W HAT ’ S N EXT WITH PFAS? R EGULATIONS AND R ISKS FOR M UNICIPAL A UTHORITIES By Ken Sansone, Senior Partner, SL Environmental Law Group and Kyla Tengdin, Education & Outreach, SL Environmental Law Group F or municipal authorities in Pennsylvania and nationwide, it is quickly becoming more challenging and costly to manage wastewater treatment systems due to new and anticipated regulations. Some states have implemented PFAS (per- and polyfluoroalkyl substances) testing requirements for wastewater effluent or biosolids, while Maine and Connecticut have fully prohibited the use or sale of biosolids as soil amendments. Other states are still considering regulatory action and may soon follow in their footsteps. While intended to reduce the spread of PFAS, often found in biosolids, the new rules also increase costs and operational difficulties for municipal authorities already working with limited budgets. Meanwhile, at the federal level, the U.S. EPA has announced its intention to retain the hazardous substance designation of the two most common legacy PFAS compounds, PFOA and PFOS, under CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act), or Superfund. PFOA and PFOS were used in Aqueous Film-Forming Foam (AFFF), which municipal airports and firefighting training facilities used in emergencies and training exercises for decades without being warned of any danger. PFOA and PFOS may also be found in wastewater and landfill leachate due to their presence in many industrial and consumer products. Now, through no fault of their own, municipal authorities that have handled or disposed of substances containing PFOA or PFOS may be vulnerable to liability through third-party lawsuits. The bipartisan Water Systems PFAS Liability Protection Act has been introduced in U.S. Congress to provide some protection, and it has the strong support of many water and wastewater industry associations. PMAA has also resolved to support legislation, regulation, or policy that imposes the treatment cost of removing PFAS from Pennsylvania’s water onto PFAS manufacturers and those that use PFAS in commerce. However, until any legislation passes, municipal authorities that manage wastewater face potential CERCLA liability. Confronted with these unprecedented challenges, wastewater leaders have found new approaches to continue serving their communities while protecting ratepayers from the current and potential future costs of PFAS management. Among other funding