Click here to view this email as a webpage.

PFAS have been detected in the Orange County Groundwater Basin managed by the Orange County Water District (OCWD), which provides 85% of the water supply to 2.5 million people. PFAS are a family of chemicals that have been used in a multitude of consumer products. Recent state and federal regulations have placed strict limits on the occurrence of these chemicals in the drinking water supply. OCWD and its local water suppliers continue making significant headway in constructing new treatment facilities to remove PFAS from our groundwater. The estimated cost of addressing PFAS in Orange County over the next 30 years is approximately $1.8 billion.

37,184,815,309 gallons of water treated to date

*as of 6/30/24

PFAS IMPACTS IN ORANGE COUNTY

============================================================================================================

100+

wells impacted

wells back online

impacted retailers

Legal Updates

AMWA and AWWA File Lawsuit Against U.S. EPA

The Association of Metropolitan Water Agencies (AMWA) and American Water Works Association (AWWA) filed a federal lawsuit against the U.S. EPA in response to its National Primary Drinking Water Regulation for six PFAS. Through their lawsuit, AMWA and AWWA seek to verify that the EPA constructed the PFAS regulation in accordance with the Safe Drinking Water Act, and also give the EPA an opportunity to revisit the ruling.

In a June press release, AMWA CEO Tom Dobbins and AWWA CEO David LaFrance stated the "EPA did not use the best available data and appropriate processes in developing the PFAS regulation." And that "the rule significantly underestimates nationwide costs, does not take into account the latest PFAS data, and will add to affordability challenges for many households without achieving the public health outcomes we all seek."

AMWA has set up a webpage to share legal information related to its case. The webpage is regularly updated with links to the latest filings, along with resources from AMWA and AWWA.

Chamber of Commerce Among Challengers to PFAS Superfund Ruling

The Chamber of Commerce of the United States of America, Associated General Contractors of America and National Waste & Recycling Association have petitioned the U.S. Environmental Protection Agency and its administrator, Michael S. Regan for review of the EPA's "Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances". A preliminary statement of issues was submitted to federal court July 12. Among the six issues listed are whether the EPA erroneously interpreted CERCLA and whether the EPA violated the Constitution by imposing retroactive liability.

The Chamber is the world's largest business federation. Earlier this year it launched an initiative aimed at safeguarding access to PFAS, stating that fluorochemistries, of which PFAS are a part, are essential to the economy and everyday life.

Settlement Info Available for AFFF Products Liability Litigation

The deadline for public water systems who have filed actions against 3M and DuPont to submit phase one settlement special needs claim forms is August 26. The deadline for non-special needs claims has passed. Information on submitting a claim can be found on the Aqueous Film-Forming Foam (AFFF) Products Liability Litigation settlement webpage. The page details class action settlement information against 3M, Dupont, Tyco, and BASF. The 3M and DuPont settlements have obtained final approval by the United States District Court for the District of South Carolina. In addition, the Court granted preliminary approval to the BASF Public Water System Settlement Agreement. The Tyco settlement is pending preliminary approval.

Litigation stems from class action lawsuits by public water systems alleging harm due to the presence of PFAS in drinking water and/or the need to monitor its presence. OCWD is among the settlement class against 3M and DuPont. The District filed a separate suit against numerous PFAS and firefighting foam manufacturers and distributers that has been consolidated with similar PFAS-related lawsuits in a federal multi-district litigation. OCWD will continue to pursue legislative solutions that hold polluters accountable for PFAS cleanup costs and protect water and wastewater agencies from liability.

Local Updates

EPA Visits PFAS Treatment Plant in Anaheim

On June 10, EPA Acting Assistant Administrator Bruno Pigott toured the Linda Vista PFAS Treatment Plant in Anaheim to learn about Orange County's robust PFAS program. This site is the largest plant in the OCWD service area funded by the Water Infrastructure Finance and Innovation Act (WIFIA) program and is currently the second largest PFAS site in the nation.

The EPA administered WIFIA program provides long-term, low-cost financing for drinking water and wastewater infrastructure projects. Over the years, OCWD has received funding through WIFIA for several PFAS treatment facilities. WIFIA loans allow the District to keep ratepayer costs low while building critical water supply infrastructure.

Make Your Voice Heard!

Orange County Water District has created a platform – through its PFAS Education Center – to help you take action in reaching out to the Orange County federal legislators about the importance of upholding the polluter pays principle and protecting ratepayers from the costs of treating PFAS in our water supplies. You can quickly and easily fill out this form to make your voice heard.

In the News

PFAS are not exclusive to Orange County or even California. States across the country are in the midst of tackling PFAS in consumer products, groundwater supplies and other forms of contact. Here's what's happening around the country:

Resources

SWRCB PFAS Updates

UCI PFAS Health Study

The Orange County Water District (OCWD; the District) supplies clean, reliable drinking water to 2.5 million customers every day. OCWD and the local water suppliers in its service area are committed to operating in compliance with all state and federal guidelines and regulatory requirements.

For more information about PFAS, please visit OCWD's PFAS Education Center.