The White House released its newest Unified Agenda on June 21, listing the status and expected timing for its regulatory actions at all federal agencies. 

EPA’s list of regulatory actions includes updated timelines for several PFAS-related rules.  The final rule for designation of PFOA and PFOS as CERCLA hazardous substances is expected in August 2023, and EPA is also considering an Advance Notice of Proposed Rulemaking (ANPRM) for additional PFAS-related designations as CERCLA hazardous substances, which is expected in November 2022. 

For drinking water, EPA plans to propose a maximum contaminant level goal and a national primary drinking water regulation, with the ANPRM expected in March 2023 and the final rule expected in September 2024.  EPA is also planning to publish a rule by November 2023 to add PFAS compounds to the Toxics Release Inventory (TRI).

EPA is planning to publish a rule in October 2023, with an ANPRM in February 2023, to clarify how water quality trading and other market-based approaches may be used in NPDES to meet water quality standards.  EPA is also updating its existing policy to address water quality trading baseline issues for nonpoint sources in watersheds with established Total Maximum Daily Loads (TMDLs). 

The Unified Agenda also includes the target date of October 2022 for the final Waters of the US (WOTUS) rule.

NACWA members with any questions should contact Cynthia Finley, NACWA’s Director of Regulatory Affairs.