October 7, 2024
Today the American Water Works Association (AWWA) and the Association of Metropolitan Water Agencies (AMWA) filed the organizations’ opening brief with the United States Court of Appeals in the case of AWWA vs. U.S. Environmental Protection Agency (EPA), related to EPA’s final drinking water regulation for six per- and polyfluoroalkyl substances (PFAS). AWWA CEO David LaFrance and AMWA CEO Tom Dobbins then released the following statement:
“AWWA and AMWA are committed to sound, science-based drinking water regulations that protect public health in a cost-effective manner. That is why our organizations supported EPA’s decision to issue drinking water standards for PFOA and PFOS, and why we each provided robust comments when EPA proposed its rule last year.
“U.S. Congress enacted the original Safe Drinking Water Act 50 years ago, and today the statute provides EPA with a scientific framework to keep water safe and protect public health. The statute sets forth a clear process for scientifically evaluating contaminants, incorporating public comments as rules are developed, and analyzing the costs and benefits of those rules. When properly followed, the Safe Drinking Water Act process helps EPA identify the contaminants of greatest concern and prioritize investments to maximize public health protection.
“In its PFAS rule, EPA departed from the fundamental requirements of the Safe Drinking Water Act by truncating the rulemaking process, curtailing distinct opportunities for public comment, and employing a novel equation rather than a clearly defined measurement as a standard for certain PFAS. In its effort to move quickly, EPA failed to consider critical data that would have resulted in a more scientifically defensible regulation.
“The final PFAS standards will be binding upon the nation’s public water systems for decades and will carry significant implications for public health and household water bills. It is essential that EPA get it right, following the clear Safe Drinking Water Act process set forth by Congress. AWWA and AMWA look forward to the Court’s review of our arguments and the opportunity for EPA to recast the rule in a manner that is consistent with the law.
“Our two organizations will continue to assist our members as they evaluate and address PFAS impacting drinking water in their communities.”