Clean Water Current

The proposed rule from the U.S Environmental Protection Agency (EPA) designating the two most common per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) — as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) was published in the Federal Register on September 6. This starts a 60-day public comment period, with comments due on November 7.

The State of Mississippi has issued five Emergency Management Assistance Compact (EMAC) requests in response to problems with drinking water treatment for the City of Jackson.

NACWA published a set of talking points this week to aid utilities in answering questions or concerns about the land application of biosolids, especially given the increase in attention around PFAS chemicals and their potential presence in biosolids.

The U.S Environmental Protection Agency (EPA) released a pre-publication version on August 26 of a rule that would designate the two most common per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) — as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).

NACWA sent a letter to U.S. Department of Agriculture (USDA) Secretary Tom Vilsack on August 25 seeking additional collaboration and support from USDA around the land application of biosolids.

The White House Office of Science and Technology Policy (OSTP) recently requested input from interested parties to identify data gaps in research and development (R&D) regarding several aspects of per- and polyfluoroalkyl substances (PFAS).

NACWA has learned that EPA is expected to propose a rule in the coming days designating two of the most common PFAS chemicals, PFOA and PFOS, as a hazardous substance under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) – also known as the Superfund law.

In an August 22, 2022, response to a June 14 NACWA letter raising concerns about the impact of PFAS regulations on biosolids management, EPA agreed with NACWA that it is important for the Agency to actively work with municipalities and states to look for approaches that are “designed to address PFAS in our biosolids and maintain the management options for biosolids that currently exist.”

Last Friday the North Carolina Supreme Court held that routine sewer impact fees charged by municipalities amount to monetary land-use exactions that are subject to review under the U.S. Constitution as “takings.” ​

EPA has released a pre-publication version of a proposed rule to amend the Risk Management Program (RMP) regulations, with new requirements that could affect clean water utilities.

The WateReuse Association is working with EPA to build a National Water Reuse Communications Library that will be a resource to utilities nationwide.

NACWA’s advocacy on wipes has marked several milestones in 2022. Working with the Water Environment Federation (WEF), the American Public Works Association (APWA), and other water associations, NACWA ramped up its advocacy efforts on the wipes issue beginning in 2013, identifying three actions that needed to occur to reduce problems caused by wipes for utilities: (1) Improved “Do Not Flush” labeling on non-flushable wipes; (2) Flushable wipes that are truly flushable; and (3) Public education on proper flushing habits.

Since January, the Office of Management and Budget (OMB) has been reviewing EPA’s proposed rule to list PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The Inflation Reduction Act (IRA) was signed into law by President Biden on Tuesday, August 16. The IRA is a major legislative package bundling together energy/climate, healthcare, and tax provisions.

NACWA staff joined the Rural Community Assistance Partnership (RCAP) this week for its annual conference in Columbus, OH. The event brought together over 200 Technical Assistance Providers (TAPs) from RCAP’s regional partners and rural leaders from across the country to connect and share best practices.

NACWA sent a letter to senior EPA Office of Water staff on August 8 outlining continued concerns with the Agency’s proposed Financial Capability Guidance (FCA) that was published in draft form earlier this year and asking for additional changes before it is finalized.

NACWA joined a number of municipal and water sector groups on an August 9 call with the White House Office of Management and Budget (OMB) to discuss concerns over an anticipated EPA rulemaking designating two PFAS chemicals – PFOA and PFOS – as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The meeting follows a letter the groups sent to OMB and EPA last month.

The U.S. Senate passed a historic legislative climate package, the Inflation Reduction Act, this past weekend which the U.S. House is expected to take up and pass this Friday and then send to President Biden for his signature into law.

NACWA congratulates Tom Sigmund, Executive Director for NEW Water in Green Bay, WI, as he takes the helm of the Association as NACWA’s newly elected President for 2022-2023.

NACWA participated in an event hosted by the Bipartisan Policy Center, National League of Cities, and National Association of Counties on August 2nd featuring Karen Dettmer, Managing Director for Infrastructure Implementation with EPA’s Office of Water.