- Advocacy Alerts
-
Advocacy Priorities
- PFAS
- Environmental Justice
- Biosolids
- Communications
- Climate Adaptation & Resiliency
- Nutrients & Farm Bill
- Infrastructure Funding & Affordability
- Integrated Planning
- Stormwater
- Toilets Are Not Trashcans
- Tax-Exempt Municipal Bonds
- Affordable Water, Resilient Communities Campaign
- CWA-SDWA Intersection
- Water Resources Utility of the Future
- Water Quantity/Water Quality Nexus
- Congressional Toolbox
- Legislative Updates
- Regulatory Updates
- Communications Updates
- Litigation Tracking
Regulatory Update
Fall 2026 Regulatory Update
Regulatory Perspectives
EPA’s Year-End Push Brings Major Clean Water Decisions into Focus
The U.S. Environmental Protection Agency (EPA or Agency) appears to be moving quickly on several major clean water priorities as the year draws to a close, signaling that the Agency is not slowing down on key clean water issues despite a crowded regulatory and policy agenda. NACWA, through its frequent communication with EPA staff, has learned that the Agency is working hard to finalize its Draft Biosolids Guidance on an expedited timeline, while also aiming to release its long-awaited updates to the Financial Capability Assessment guidance before the holidays. The Agency is also hoping to issue the next Clean Watersheds Needs Survey early in the new year—further underscoring that significant clean water policy activity remains underway heading into 2027.
On the Financial Capability Assessment (FCA) guidance, NACWA has learned that EPA’s forthcoming final document will likely include several of the key recommendations the Association advanced in its comments, which would be a positive and important development for the public clean water community. However, members will need to wait and see the final guidance before fully assessing how the Agency has addressed NACWA’s concerns and whether the revisions will provide utilities with a more realistic, flexible, and community-centered framework for evaluating affordability and implementation challenges. We are expecting EPA to publish a final FCA guidance document and open a brief window for public comments.
At the same time, NACWA appreciates EPA’s continued focus on the need for clarity around biosolids management, and the Association remains in close contact with the Agency as it moves to finalize the Draft Guidance for Reducing Risk from PFOA and PFOS in Biosolids. Given the significant concerns raised by NACWA (see story below) and its members, EPA should carefully review the comments submitted and make meaningful improvements before finalizing the document. Just as importantly, the Agency must clearly address what it intends to do with the underlying draft PFAS biosolids risk assessment, which continues to raise serious questions and drive public confusion around biosolids management options.
EPA must also continue advancing policies that address PFAS at the source. NACWA has long emphasized that public clean water utilities are passive receivers of PFAS and should not be left managing the downstream consequences of contamination they did not create. As EPA considers next steps on biosolids and other PFAS-related actions like recommended human health water quality criteria, the Agency must prioritize effluent limitations guidelines for manufacturers of PFAS chemicals—an action it committed to in its PFAS Strategic Roadmap and subsequent progress updates but has not yet proposed.
In addition, NACWA continues to watch closely for EPA’s next steps on the “worst case discharges” rule for hazardous substances. While EPA announced it is delaying compliance for 3 years to June 1, 2030, the Association is still awaiting a proposed rule that will clarify how the Agency intends to address these requirements moving forward. This issue remains important for clean water utilities because of the potential implications for planning, permitting, and emergency preparedness obligations. As with the other actions currently before the Agency, EPA should ensure that any proposal is carefully developed, grounded in practical implementation realities, and informed by stakeholder feedback.
As we start approaching the close of the second year of the Administration, EPA’s window for settling key regulatory policy decisions during the current Administration is becoming smaller. That makes it even more important for EPA to accomplish these actions—and to get them done right. NACWA will continue urging the Agency to ensure that final policies are grounded in sound science, reflect the real-world implementation challenges facing public clean water utilities, and preserve practical, affordable, and environmentally responsible options for communities nationwide.
By: Emily Remmel, Senior Director, Regulatory Affairs
NACWA Urges EPA to Strengthen Draft Biosolids PFAS Guidance While Preserving Sustainable Management Options
NACWA submitted comments on Oct. 5 on the U.S. Environmental Protection Agency’s (EPA) Draft Guidance for Reducing Risk from PFAS in Biosolids, voicing strong support for the Agency’s continued effort to provide additional context and clarification following the release of its flawed 2025 draft risk assessment for PFAS in biosolids.
In its comments, NACWA noted that the guidance is an important and positive step because it reaffirms EPA’s support for the beneficial land application of municipal biosolids, recognizes that clean water utilities are passive receivers of PFAS, and helps correct ongoing public misunderstandings created by the draft risk assessment. NACWA emphasized that sustainable biosolids management remains critical for communities nationwide and cautioned against policy decisions that could unnecessarily limit viable management options without adequate scientific justification.
NACWA’s comments encourage EPA to further strengthen the guidance by more clearly recognizing the limitations of the underlying risk assessment, including the lack of national occurrence data, the use of atypical exposure scenarios, and widespread misinterpretation of the assessment’s 1 part per billion (1 ppb) modeling assumption as a regulatory threshold.
The Association also urged EPA to more explicitly support state-led, tiered PFAS management approaches that combine biosolids monitoring, industrial source reduction, and best management practices while preserving beneficial use opportunities where appropriate. In addition, NACWA called on EPA to provide greater recognition of the differences among biosolids classes, the pathogen reduction requirements for each and their approved uses.
The comments further stress that any future federal policies must consider the broader context of PFAS in commerce, consumer products, fertilizers, pesticides, and other environmental pathways. NACWA reiterated its long-standing position that clean water utilities should not shoulder responsibility for contamination they do not create and that effective PFAS risk reduction must begin with identifying and controlling PFAS at the source.
The Association also encouraged EPA to continue working cooperatively with states and federal partners to build practical, science-based frameworks that protect public health while maintaining affordable and environmentally sound biosolids management options for local communities.
NACWA appreciates the thoughtful feedback received from members on its draft comments and thanks those members that used the Association’s template comment letter to share site-specific concerns with EPA on this important issue.
As EPA reviews stakeholder feedback, NACWA is hearing from Agency staff that EPA would like to finalize the guidance as quickly as possible. NACWA is actively engaging with EPA to better understand the Agency’s timeline and next steps and is working closely with staff to gather additional details on how the final document (and the draft risk assessment) may be revised. NACWA will continue to keep members informed as more information becomes available and will remain engaged to ensure the interests of the clean water utility community are represented throughout the process.
Contact Emily Remmel at 202-533-1839.
NACWA Meets with EPA on Metal Finishing Pretreatment Standards
NACWA and representatives from the National Association of Surface Finishers (NASF) met with the U.S. Environmental Protection Agency (EPA) on Oct. 8 to discuss PFAS discharges from metal finishers and whether pretreatment standards are needed to control these discharges. NACWA and NASF stated their shared preference that EPA not develop numeric-based pretreatment standards at this time, but instead consider best management practices (BMPs) if discharge data shows that they would be helpful.
Metal finishers used PFOS as a mist suppressant in the hexavalent chromium plating process. Once the human health and environmental impacts of PFOS were better understood, the metal finishing industry asked EPA to phase out its use, which was done from 2012 to 2015. A different PFAS mist suppressant with a lower risk is currently being used, and its phase-out is also in progress as the industry moves to trivalent chromium or PFAS-free mist suppressants.
In its 2024 Preliminary Effluent Guidelines Program Plan, EPA announced a rulemaking for the Metal Finishing Category for effluent guidelines and pretreatment standards for PFAS. The plan stated that the proposed rule was expected in 2026. EPA has not published a proposed rule, and NACWA’s understanding is that a proposal is not imminent.
Because of the voluntary actions taken by the metal finishing industry, the complexities and expense of potential PFAS removal technology, and the lack of approved analytical methods for PFAS, NACWA and NASF believe that a pretreatment standard is not appropriate at this time. NACWA and NASF have asked EPA to consider PFAS discharge data from metal finishers to determine the current magnitude of these discharges. NACWA and NASF suggested that if the data show minimal discharges of PFOS and other PFAS compounds of concern, that either no rule or a rule based on BMPs be proposed by EPA.
NACWA is planning to collect data from clean water utilities on PFAS discharges from their industrial users, including metal finishers. This data collection project will begin this fall, and the data should help the Association to further evaluate PFAS discharges from metal finishers and the necessity of pretreatment standards.
Contact: Cynthia Finley, 202-533-1836.
National Flushability Standard Will be Developed in Canada
The Canadian Water and Wastewater Association (CWWA) is pursuing a flushability standard for wipes through the Canadian Standards Association (CSA), which will be based on the flushability specifications of the International Water Services Flushability Group (IWSFG). The IWSFG consists of NACWA and other water sector associations from the US, Canada, Japan, Australia, New Zealand, and Spain.
The IWSFG developed flushability specifications for wipes, and NACWA supports these specifications since they are protective of municipal sewer systems and treatment plants. While an increasing number of wipes manufacturers are meeting the group’s flushability specifications, the specifications are not yet used as a regulatory requirement in the US, making it more difficult for consumers to determine which wipes labeled “flushable” are actually safe to flush. Read the full story in the Clean Water Current.
In addition, the IWSFG continues its efforts to support flushability standards around the world. A flushability standard that was previously used in the United Kingdom is no longer being supported, and the IWSFG will be reaching out to water groups in the United Kingdom and in Europe to try to increase participation in the IWSFG and the use of the IWSFG flushability specification. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836.
Regulatory Policy
EPA Rescinds Several Clean Water Act Guidance Documents
EPA’s Office of Water issued a memorandum on Aug. 11 rescinding several guidance documents relevant to the public clean water sector, including several dealing with PFAS. The memo was quietly released at the time, but received greater media scrutiny in mid-September. While the documents address important issues NACWA has tracked closely, the rescissions are not expected to have a significant practical impact for most NACWA members, many of whom have already established their own policies and approaches for addressing PFAS—or for determining whether additional action is warranted at this time.
The rescinded documents include the 2022 memorandum, “Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs” (2022 PFAS Memo); “Climate Change Considerations When Prioritizing, Developing, and Implementing Total Maximum Daily Loads”; and “Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 NPDES Permit Program to Discharges through Groundwater.” EPA is also rescinding a fact sheet on “Implementing Case-by-Case Technology-Based Effluent Limitations in NPDES Permits for Pollutants of Emerging Concern,” among other documents. Read the full story in the Clean Water Current.
Contact: Emily Remmel, 202-533-1839.
New White Paper Outlines NACWA Advocacy Priorities on Reuse; Members Encouraged to Join New Reuse Committee!
NACWA released a White Paper on Water Reuse for NACWA Advocacy and Programming Efforts, a new member resource that outlines the federal policy and funding landscape for water reuse and establishes a framework for NACWA’s advocacy engagement on this increasingly important issue.
The release of the white paper coincided with the inaugural meeting of NACWA’s new Reuse and Water Quantity Committee, which will provide members with a forum to exchange best practices, identify policy and implementation challenges, and help shape the Association’s advocacy and educational priorities. All NACWA members, including public clean water utilities and private affiliates, are invited and strongly encouraged to have individuals join the Reuse and Water Quantity Committee. Members may join by emailing Kaitlyn Montan or by using the Committee Sign-Up form. Read the full story in the Clean Water Current.
Contact: Kaitlyn Montán at 202/533-1814.
New Guide Offers Blueprint for State Water Reuse Regulations
As clean water agencies increasingly turn to water reuse to strengthen water supply reliability, bolster resilience, support economic development, and advance environmental goals, many utilities continue to face a common challenge: inconsistent or undeveloped state regulatory frameworks.
To help bridge that gap, water sector associations led by the WateReuse Association worked together to release Developing Water Reuse Regulations: A State-Level Guide, a comprehensive resource designed to help utilities, regulators, consultants, and other stakeholders navigate the often-complex process of developing, updating, and implementing water reuse regulations. NACWA helped fund and contribute to the project.
The guide recognizes that every state begins from a different legal, political, and regulatory starting point, and provides practical tools for understanding existing authorities, assessing rulemaking readiness, and identifying pathways to advance potable, non-potable, industrial, and onsite reuse. Read the full story in the Clean Water Current.
Contact: Kaitlyn Montán at 202/533-1814.