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.