Phoenix, Ariz. – The Arizona Corporation Commission delivered a letter to Congress Monday, expressing the need for federal legislation to protect water and wastewater utilities from getting swept into CERCLA liability for managing materials containing per-and polyfluoroalkyl substances (PFAS) substances, commonly known as “forever chemicals,” that enter their facilities.

On July 8, 2024 the U.S. Environmental Protection Agency’s (EPA) final ruling designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) went into effect.  The Commission unanimously agreed to sign and deliver the attached letter to Arizona’s Congressional Delegation.

Although water and wastewater utilities are passive receivers of PFOA and PFOS substances and not manufacturers of them, these utilities may be held liable for the costs of treating and disposing of materials containing PFAS chemicals.  The costs would ultimately be passed on to customers.  Furthermore, the EPA’s policy does not prevent third parties from bringing CERCLA cost recovery lawsuits against water and wastewater utilities.

In a unanimous effort to shield Arizona water and wastewater customers from potentially much higher rates due to CERCLA claims, the Commission expresses its support for Congress to adopt legislation granting reasonable liability protection for water and wastewater utilities.  The financial burden should not be shifted onto utilities and customers.

To view the letter, go to the Arizona Corporation Commission’s eDocket:  https://docket.images.azcc.gov/E000037430.pdf?i=1724188199805

All other documents related to this correspondence can be found in the ACC's eDocket -  https://edocket.azcc.gov - under docket number W-00000A-23-0085.