Clean Water Current
March 2026 Regulatory Update
Regulatory Perspectives
Advocating for Sustainable Products: An Ounce of Prevention is Worth a Pound of PFAS
As water utilities grapple with how to deal with PFAS in drinking water, wastewater, and biosolids, and the enormous costs of PFAS removal, it is extremely frustrating that these chemicals have been used freely for decades, and that much of their use continues unabated. From the clean water utility’s perspective, preventing PFAS from entering wastewater in the first place is much more effective than removing it from wastewater and biosolids. But this is easier said than done, since utilities have no authority over chemicals used in consumer products, which may contribute more PFAS to wastewater than industrial sources.
NACWA has worked with other associations in the past to reduce contaminants in consumer products that could end up in wastewater. This advocacy was successful in the case of triclosan and 18 other similar compounds used as antimicrobials in personal care products, as the U.S. Food and Drug Administration (FDA) issued a rule in 2016 stating that these compounds were not safe or effective. In another case, Congress banned the use of plastic microbeads in cosmetic products in 2015, following 11 state laws that also banned their use. And due to the leadership of the Bay Area Clean Water Agencies (BACWA), EPA has improved pesticide labeling instructions and warnings on a case-by-case basis, and NACWA continues to work with BACWA to make more progress on pesticides.
While advocacy has been effective in these instances, it would be far preferable to evaluate the environmental and public health impacts of chemicals and products before they enter the marketplace, rather than after they are in widespread use. There is little appetite at the federal level currently for this more preventative approach, even in the face of PFAS, although state efforts are starting to create some momentum. However, NACWA and the WateReuse Association will be working together on this issue, building on our new Memorandum of Understanding to strengthen collaboration and share resources on federal advocacy efforts and to raise awareness and promote stronger federal evaluation and regulation of both new chemicals and potentially harmful existing chemicals.
As part of this effort, NACWA and WateReuse plan to develop a white paper and supporting communications materials and engage with partner organizations to help advance progress on these issues. If you are interested in working with NACWA and WateReuse to shape this sustainable products initiative, please contact me at cfinley@nacwa.org.
Cyntia Finley, Director, Regulatory Affairs
Top Stories
NACWA Urges Members to Respond as EPA Seeks Input on Revisions to Clean Water Financial Capability Assessment
After months of anticipation, the U.S. Environmental Protection Agency (EPA) officially published a notice in the Federal Register on March 26 seeking public comment regarding potential revisions to the Clean Water Act Financial Capability Assessment (FCA) Guidance. The FCA Guidance is a policy framework and methodology used to assess how much a community can afford to spend on wastewater and stormwater infrastructure improvements.
NACWA has been strongly advocating for revisions to the existing FCA Guidance, and EPA’s decision to move forward with potential changes is an important step forward in the process for the Association and its members.
NACWA is asking members to carefully review the notice and to submit comments from their utility’s perspective on the questions posed. NACWA believes that significant member participation is vital to ensure the EPA considers the public clean water community's collective voice as it decides whether and how to update the most recent FCA Guidance, which was published in March 2023 and revised in March 2024.
Over the years, NACWA and its members have worked closely with EPA as it has revisited and updated the original 1997 FCA Guidance, consistently advocating that any framework ensures water services remain affordable for all communities and that the expense of implementing Clean Water Act requirements does not unfairly burden the lowest income households in a community. These efforts have involved extensive collaboration across the water sector and with a diverse group of stakeholders, including other water sector associations, municipal groups and environmental non-government organizations, to address the complex challenges facing the public clean water community in achieving this goal.
Since publishing the updated 2024 FCA Guidance, EPA has received questions and concerns from states, tribes, communities and others on implementation. EPA, in its notice, is seeking feedback on four key areas, including:
Prevalence and Severity of Poverty;
Cost of Living;
Schedule Length for Compliance; and
Identifying Costs and Burdens to Meet Requirements Derived from Water Quality Standards
The notice also requests comment on the use of the Lowest Quintile Residential Indicator and the Lowest Quintile Poverty Indicator, including the differences in how these approaches were used in the proposed 2020 FCA Guidance that was never finalized and the 2024 FCA Guidance.
NACWA applauds EPA not only for asking these key questions with implementing the current FCA Guidance, but also the Agency’s willingness to listen to the public clean water community and consider recommendations on how to improve the FCA Guidance to better capture the complex, real world financial issues our members are facing.
The public comment period is 60 days, with comments due on May 26.
Contact: Emily Remmel or 202/533-1839.
NACWA Discusses Key Advocacy Priorities with Top EPA Office of Water Staff
NACWA met with Jessica Kramer, Assistant Administrator for the Office of Water at EPA and other senior Office of Water officials on March 5 to discuss some of the Association’s top advocacy priorities. Central to the meeting were conversations around PFAS, biosolids, affordability, integrated planning, water reuse, and Clean Water Act permitting issues.
In a positive development for NACWA and its members, EPA indicated it would publish a request for public comment to start a process to develop a new, revised Financial Capability Assessment guidance (see Top Story above).
On the PFAS front, EPA staff said that they are hoping to have more information to share on the planned path forward on the draft biosolids risk assessment for PFAS in the coming weeks. The Agency has been thoroughly reviewing the comments that were received on the draft risk assessment, and staff indicated they were looking to move in a direction that acknowledges and reflects many of the concerns raised by the clean water utility sector.
NACWA also discussed Integrated Planning (IP) with EPA, requesting that the Agency consider issuing some kind of document or memorandum to all the EPA regions and states that recommits EPA to IP as a critical planning and investment tool. NACWA also requested EPA develop a series of actions and resources to help better support those states that have been reluctant to embrace IP to date. EPA is interested in pursuing these ideas and NACWA looks forward to additional collaboration with the Agency on this initiative.
Contact: Emily Remmel or 202/533-1839.
PEER Files Opening Appeal Against DOJ, NACWA in Biosolids Litigation
The Public Employees for Environmental Responsibility (PEER) recently filed their opening brief to the U.S. Court of Appeals for the District of Columbia Circuit in the group’s ongoing litigation seeking to force the EPA to prematurely issue regulations for certain PFAS in biosolids.
PEER is appealing an October 2025 decision from the D.C. District Court upholding arguments made by the U.S. Department of Justice, representing EPA, and NACWA, who successfully intervened over PEER’s objection to ensure that utility voices were heard in such consequential biosolids litigation.
The issue on appeal is whether, under Clean Water Act section 405(d), EPA has a non-discretionary duty to, every two years, identify and regulate pollutants in biosolids that may have adverse effects on human health or the environment. Specifically, PEER is arguing that EPA has failed identify and regulate certain PFAS in violation of section 405(d)’s alleged mandate. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore at 202/833-1450.
NACWA Releases New White Paper Addressing Utility Financial and Affordability Challenges
NACWA released a new white paper to help clean water agency leaders address the growing financial and affordability challenges facing their utilities.
The document, entitled Resilience Strategies for Public Clean Water Utilities in a Shifting Financial Landscape, seeks to identify the risks related to the current economic environment, outline how they may be impacting utilities and their customers, and provide risk mitigation strategies. It also includes a series of case studies demonstrating how individual utilities have responded to some of these economic challenges and emerged in a stronger, more resilient financial position. Read the full story in the Clean Water Current
Contact: Nathan Gardner-Andrews at 202/833-3692.
Environmental Council of the States Releases PFAS Communications Hub
The Environmental Council of the States (ECOS), which represents state environmental regulatory agencies, launched a comprehensive PFAS Risk Communication Hub on March 23. This hub is designed as an easily accessible, centralized resource to support clear communication about PFAS for various audiences. It also features NACWA’s PFAS Communication Toolkit, an important asset for professionals in the water sector.
The hub organizes communication resources in two main ways. First, it provides guidance on how to communicate about risks to the general public, decision makers, and the water sector, including materials from the EPA and the Interstate Technology and Regulatory Council. Second, it highlights how states communicate PFAS by offering examples such as fact sheets, websites, dashboards, and other useful communication tools.
Executive Order on Housing Affordability Raises Key Issues for Clean Water Utilities
President Trump signed an executive order on March 13 aimed at increasing housing affordability by directing federal agencies to identify and reduce what the Administration characterizes as “regulatory barriers” to housing construction. While the order is framed broadly around affordability, several of its provisions have direct implications for public clean water utilities—particularly those responsible for stormwater management, Clean Water Act permitting, and long-term infrastructure planning.
Most notably, the executive order instructs the EPA and the U.S. Army Corps of Engineers to review and potentially revise permitting programs affecting wetlands, rivers, lakes, and stormwater discharges. It also calls for a review of EPA’s total maximum daily load program and directs agencies to update National Environmental Policy Act implementation guidance with the goal of accelerating housing development. Taken together, these directives signal potential changes to the regulatory framework under which clean water utilities operate, especially where stormwater and development intersect. Read the full story in the Clean Water Current.
Contact: Matt McKenna at 202/533-1825.