The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the Summer 2022 Regulatory Update. Please feel free to contact NACWA staff for more information on any of the issues raised in this Update.

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).

On August 26, EPA announced the proposed listing of two of the most widely used per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) — including their salts and structural isomers, as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).

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.