18138_Authority_Feb

municipalauthorities.org | 61 PFAS Contaminants and Regulations – In 2024, the U.S. Environmental Protection Agency (EPA) finalized the first-ever national drinking water standard for per-and polyfluoroalkyl substances (PFAS). This follows a Pennsylvania regulation for the same compounds that was promulgated by the Department of Environmental Protection (DEP) in 2023. The EPA standard will take precedence over the DEP standard and is set at such a level to reduce exposure from PFAS in drinking water to the lowest levels that are feasible. In the next few years, many public water systems will have to take action to reduce PFAS to meet the new standards. There will be additional costs for water system monitoring, communicating with customers, installing new treatment technologies, and perhaps finding new or additional sources of water. It is important to remember that water authorities have absolutely no role in producing PFAS chemicals, are only passive receivers of these chemicals, and yet significant costs are being imposed on them. Furthermore, drinking water is only one among the many other different pathways by which a person can be exposed to PFAS. This new PFAS regulation will likely adversely impact the economic wherewithal of many municipal authorities. It is inevitable that PMAA members will need to spend substantial amounts of money to meet the new requirements. Although the federal government has earmarked funds for municipal entities to address PFAS, these funds are likely grossly insufficient to address many of the PFAS mandates, let alone compliance with other concurrent federal and state regulatory initiatives such as the Lead and Copper Rule (and the Lead and Copper Rule Improvements). Bear in mind that municipal authorities are required to charge reasonable and uniform rates while meeting strict environmental and public health standards set by both federal and state regulators. Therefore, the EPA and the federal government must ensure adequate funding is allocated to meet these economic challenges as unfunded mandates result in additional costs for all ratepayers. Cybersecurity – Drinking water and wastewater systems are considered critical infrastructure. Escalating and increasing cyber-attacks pose a threat to all systems. The question is not if, but when will a cyber-attack strike. Nationally, there are many known incidents that have disrupted water operations. Nations, cybercriminals, and others have targeted water systems, including some in Pennsylvania. These cyber-attacks threaten public safety and the environment. Municipal authorities, more than ever, need to be vigilant in understanding and addressing their operational vulnerabilities. Water and sewer authorities are increasingly reliant on Supervisory Control and Data Acquisition (SCADA) systems which monitor and control industrial processes. While SCADA systems provide operational efficiency, they also present significant cybersecurity risks. Municipal authorities’ ability to respond to these cyber-attacks varies as there are challenges with outdated technologies and legacy systems, employee training, and the fact that municipal authorities must prioritize funding to meet regulatory compliance for clean water. Recurring federal and state funding is needed annually to assist municipal authorities to install new and necessary technologies as well as train employees to meet the ongoing cybersecurity threat. Stormwater Management – To meet the threat that stormwater runoff poses to the environment, Pennsylvania’s local governments must satisfy statutory and regulatory requirements imposed by the EPA and DEP. For the most part, this is an unfunded mandate. Pennsylvania’s General Assembly through Act 68 of 2013 amended the Municipality Authorities Act to expressly provide for stormwater management as a valid project for authorities. The legislation

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