The Business & Industry Association is calling on the Biden administration to take a scientifically sound approach to regulating per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act. Please read the letter submitted to the federal Office of Information and Regulatory Affairs.

February 16, 2024

The Honorable Richard Revesz

Administrator

Office of Information and Regulatory Affairs

U.S. Office of Management and Budget

Washington, D.C. 20503

Dear Administrator Revesz,

On behalf of the Business and Industry Association (BIA), I write today to request that the Biden administration take a measured, uniform, and scientifically sound approach to regulating per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA).

The BIA is the unifying voice of business, championing a competitive business climate and prosperous economic future for New Hampshire. Founded in 1913, the BIA represents nearly 400 member companies in a variety of industries — from manufacturing and financial services to insurance and higher education — employing over 100,000 people throughout the state. And BIA is the New Hampshire affiliate of the National Association of Manufacturers.

PFAS are used in a wide variety of applications, including critical components needed to achieve the president’s stated priorities around clean energy technologies and domestic semiconductor manufacturing. Among their many uses, this family of chemicals is used in batteries, electric grid infrastructure, semiconductors, automotive equipment, and virtually all sources of energy in our power sector, including solar panels and wind turbines. In many cases, there is no alternative to PFAS in the manufacturing process. Accordingly, regulations on this topic should be achievable and allow for reasonable flexibility.

Unfortunately, the Environmental Protection Agency’s (EPA) current regulatory proposal under the SDWA does not reflect a balanced or technically feasible approach to addressing PFAS. The EPA’s proposed limits are below 10 parts per trillion (PPT). For comparison, a PPT is a single drop of water in an Olympic-sized swimming pool, effectively setting an unachievable standard that will cost everyone billions of dollars to chase. Regulations set near zero are technologically and economically impossible to achieve. Limits at such low levels have the three-fold impact of raising prices for consumers across the country, threatening manufacturing supply chains, and imposing a severe financial burden on local communities and ratepayers who will foot the bill for cleanup efforts.

In fact, a report released last year from the American Water Works Association projected that potential regulatory compliance for just two of the six PFAS covered under the new rules would cost $3.8 billion per year. As such, the proposed rule threatens to wreak havoc on New Hampshire’s supply chains and hurt the manufacturing of key products. The severity of the proposed regulations will mean higher prices for everything from community water and waste systems to medical treatments. The onslaught of regulations facing the industry is putting at risk new investment, slowing hiring, and reducing innovation on products critical to everyday life.

Given the significant economic consequences of the new SDWA regulations, we respectfully request that the EPA withdraw the current proposal to regulate PFAS under the SDWA and reissue a proposal that considers the real-world impacts on local taxpayers and manufacturers in New Hampshire. Thank you for your consideration.

Sincerely,

Michael Skelton

President & CEO

Business and Industry Association