Advocacy & Analysis
For more than 40 years, NACWA has been the leader in national clean water advocacy, and the strongest voice for publicly owned wastewater and stormwater utilities. Whether educating lawmakers on key clean water issues in the halls of Congress, advancing critical regulatory priorities with the U.S. Environmental Protection Agency (EPA) or other federal agencies, or litigating in courts across the nation on behalf of municipal clean water interests, NACWA is always at the forefront of the advocacy effort, representing clean water utilities, their communities and their ratepayers.
We invite you to learn more about NACWA’s current advocacy initiatives and read in-depth analyses of how current legislative, regulatory, and legal developments will impact public clean water agencies. From late-breaking news in our Advocacy Alerts to more comprehensive coverage of key advocacy priorities in our Updates, NACWA’s resources provide a comprehensive source of clean water information. This page also highlights current NACWA advocacy campaigns and contains critical advocacy tools to help clean water agencies add their voice to that of others around the country in elevating clean water as a national priority.
Advocacy
Alerts
January/February 2025
Regulatory Perspectives
Over a Month Into the New Trump Administration, Clean Water Policies are Clear as Mud
We are now over a month into the new Trump administration, but the multitude of actions and orders issued by the administration has done little to clarify what regulatory direction EPA will take over the next four years.
Many actions that have occurred over the last month are typical of any new administration, such as pausing any new regulatory actions for review by the new political team at EPA. In the closing weeks of the Biden administration, EPA published several documents and proposals related to PFAS, such as the draft human health criteria and the draft sewage sludge risk assessment for PFOA and PFOS, and the comment deadlines for these have been extended. In addition, the courts have stayed – at EPA’s request – litigation on EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA and on the PFAS drinking water maximum contaminant levels for PFAS.
It remains to be seen whether these delays are simply the standard delays of a new administration or if they signal a major rethinking of policy related to PFAS. If EPA decides to change course on PFAS, the implications for clean water agencies are not clear. For example, a reversal of the CERCLA hazardous substance designation for PFAS would remove the fear of liability for contamination for utilities, but it could also hinder NACWA’s efforts to ensure that a “polluter pays” approach is used for PFAS. If EPA decides not to finalize the draft sewage sludge risk assessment, federal regulation on PFAS in biosolids will be delayed, but states may still move forward with their own regulations or legislation based on the draft risk assessment.
The rash of executive orders related to funding (see story below) have created confusion over how and when the State Revolving Fund (SRF) program and the Water Infrastructure Finance and Innovation Act (WIFIA) program will disburse funds, and the fate of funding tools that were made available through other Bipartisan Infrastructure Law and Inflation Reduction Act. SRF and WIFIA funds are reportedly again flowing without delay but it is still not entirely clear how the orders will ultimately impact the core clean water funding programs.
After an initial directive to EPA staff to cease all communications with stakeholders, staff are now able to talk with organizations such as NACWA again. NACWA has resumed its regular meetings with the Office of Wastewater Management and will be talking soon with the new political staff at the Agency. NACWA’s members should continue to reach out to us with concerns or issues that they have with funding or regulatory actions as the new administration settles in.
We will keep our members informed of any new insights that we gain about the direction of clean water policy, and we invite you to come to Washington, DC for the National Water Policy Fly-In, April 8-9. This will be an excellent opportunity to hear directly from EPA staff and other policy makers, and to visit with your Congressional representatives to make the clean water utility voice heard.
--Cynthia Finley, NACWA Director of Regulatory Affairs
Top Stories
Flurry of Executive Orders and Federal Spending Freeze Sow Confusion for Clean Water Sector
A series of Executive Orders (EOs) and other actions at the beginning of the new Trump Administration has caused confusion for public clean water agencies on a number of fronts, particularly around access to federal clean water infrastructure funding.
The most concerning of the recent federal actions was a January 27 memo issued by the White House Office of Management and Budget (OMB) that imposed a temporary freeze on all federal grants and loans until federal agencies could review federal funding programs for consistency with EOs previously issued by the Trump Administration. This freeze would have impacted all EPA infrastructure programs, including the State Revolving Fund (SRF) program and the Water Infrastructure Finance and Innovation Act (WIFIA) program.
OMB then rescinded the January 27 memo two days later, but the recission was very vaguely worded and left much confusion about whether federal funding programs could proceed. Some state SRF programs indicated after this second OMB memo that they were back to business as usual, while other state SRFs said their funds continued to be frozen.
EPA could not provide any clarity on this issue because at the time of the order, Agency staff were under a communications gag order preventing them from communicating with any outside parties. However, multiple lawsuits were filed challenging the funding freeze, and at least two federal judges issued orders preventing the Trump Administration from enforcing the freeze.
EPA issued its own memo on February 4 stating that it was lifting the spending freeze for Agency programs, consistent with the judicial orders. This means that funds from core clean water infrastructure programs like the SRF and WIFIA should be flowing again.
Unfortunately, there remains much uncertainty about how all of this will play out, especially around the impact of some of President Trump’s EOs targeting Environment Justice (EJ) and Diversity, Equity and Inclusion (DEI) programs. As NACWA has previously reported, it appears the reach of most of these EOs and related efforts, including pulling down any related content on federal websites, is to terminate DEI- or EJ- specific programs and spending, but not curtail all programs or target grantees which might have these provisions or reporting requirements.
However, a specific EO, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, does instruct federal agencies to condition federal grants on both a requirement that the recipient comply with all applicable Federal anti-discrimination laws as well as a certification that the recipient does not operate any DEI programs that violate such laws. NACWA will continue to closely track this issue and analyze what it may mean for the clean water sector, as many utilities have DEI efforts at the local level.
The White House also issued an EO on January 31 directing all federal agencies to change the way they pursue federal regulations, including a requirement that any new regulation must be offset by the removal of 10 existing regulations and that the savings from the elimination or reduction of existing regulatory burdens must be greater than those created by any new regulations. This may provide an opportunity for NACWA to explore some targeted regulatory relief with EPA.
On Capitol Hill, Congress approved President Trump’s nominee to run EPA, former Long Island Congressman Lee Zeldin. During his confirmation hearing, Zeldin engaged in dialogue with Committee members regarding the need to protect water systems from PFAS liability and address water affordability. NACWA and other water organizations worked with Committee members to ensure that Zeldin was asked key questions about these priorities on the record.
Additionally, Jessica Kramer, most recently with the Florida Department of Environment, has been announced as the Assistant Administrator for the Office of Water (OW) nominee.
Kramer served in OW during the first Trump Administration before moving to the Senate EPW Committee and then private practice at Brownstein Hyatt Farber Schreck. NACWA worked with her in each of those capacities, and she was the lead consultant on the NACWA-initiated Water Coalition Against PFAS during her time in private practice. If confirmed, she will bring significant expertise on key water issues to OW.
NACWA will continue to monitor and engage on all the developments around the new administration and new Congress and will keep members updated. We also encourage all Association members to make plans to join us in D.C. for the National Water Policy Fly-In April 8-9. This will be a critical opportunity to hear from the new federal policy makers in Washington and meet with your Congressional representatives to advocate for the clean water sector agenda.
Contact: Kristina Surfus, 202-833-4655
EPA Releases Draft Risk Assessment for PFOA and PFOS in Biosolids, NACWA Provides Utility Resources in Response
The US Environmental Protection Agency (EPA) released its Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctanoic Sulfonic Acid (PFOS), finding the potential for increased risk to a narrow and specific segment of the population but no risk to the general public or to the general food supply.
NACWA responded by sending an Advocacy Alert to its members with a detailed summary of the Draft Risk Assessment and its methodology, the Association’s concerns about the assessment, and a new suite of communications resources that NACWA has made available.
EPA published a request for comments on the assessment in the Federal Register on Jan. 15 and posted fact sheets and related information aimed at key stakeholders, including one for wastewater treatment plants, on its website. EPA announced a 30-day extension for comments, and comments are now due April 16, 2025.
The Draft Risk Assessment modeled scenarios for land application and surface disposal of biosolids, as well as a qualitative analysis for incineration of biosolids. To evaluate risk for land application, EPA modeled biosolids containing 1 part per billion of either PFOA or PFOS and estimated the risk for a family living on or near the site of application.
EPA found elevated risk for both cancer and non-cancer health effects, resulting from consumption of drinking water, milk, fish, beef, eggs, and some fruits and vegetables. Some of the highest risks were found for the scenario of biosolids applied to pasture, with milk consumption having a cancer risk exceeding 1 x 10-3 (1 in 1,000).
EPA emphasized that the assessment did not demonstrate a risk to the general public, only to the hypothetical “farm family” used in the modeled scenarios. EPA also stated that the nation’s food supply is safe.
As outlined in NACWA’s Advocacy Alert, it is critical to note that the Draft Risk Assessment creates no new regulatory requirements or standards. EPA could change or modify it before finalizing it or withdraw it entirely. It is not clear what the incoming Trump Administration will do. The assessment also suffers from a number of flaws, including conservative assumptions regarding the hypothetical farm family and lack of comparative risk analysis. NACWA will be raising these concerns in its comments and with the new political leadership at EPA.
Communications Resources Available for Utilities
To help utilities communicate with the public and press about the draft risk assessment and biosolids in general, NACWA has launched biosolidsexplained.org, a hub for information and resources about biosolids. The site features an overview of the wastewater treatment process and contains frequently asked questions to help dispel myths and misinformation about biosolids, including a specific FAQ document and suggested talking points related to the draft risk assessment. NACWA's utility-focused resources are also available on the site, and include fact sheets, talking points and customizable templates for writing a letter to the editor or op-ed.
NACWA had significant advocacy with EPA in recent months regarding the Draft Risk Assessment, and this engagement with EPA helped to ensure the communications materials released by the Agency emphasized the limited population targeted by the assessment model and the lack of risk to the general public. NACWA has also spoken with the media about the assessment, most notably in a Jan. 14 New York Times article.
Contact: Cynthia Finley, 202-533-1836
EPA Extends Key PFAS Comment Periods
The U.S. Environmental Protection Agency (EPA) has formally extended comment periods for several key proposals related to PFAS:
Comments on the Draft Sewage Sludge Risk Assessment for PFOA and PFOS are now due by April 16, 2025, a 30-day extension.
Comments on the Draft National Recommended Human Health Water Quality Criteria for PFOA, PFOS and PFBS are now due by April 25, 2025, a 60-day extension.
In addition, comments on the Clean Water Act Methods Update Rule will be accepted for an additional 30 days from the date the extension is published in the Federal Register, which is expected to be February 21.
NACWA and other water stakeholders requested extensions of these comment periods considering the complexity and significance of these proposals to clean water utility operations and the presidential administration transition underway. NACWA is working to develop comments for each proposal, which we are happy to share with interested utilities who may want to review or submit comments of their own. With the extensions in place, NACWA’s draft comments will be available for review later in March although we welcome input at any time.
Contact: Kristina Surfus, 202-833-4655
Biosolids
NACWA Seeks Dismissal of Lawsuit Designed to Prematurely Force Federal Regulation of PFAS in Biosolids
In its latest filing in litigation over whether the U.S. Environmental Protection Agency (EPA) must issue federal Clean Water Act limits on PFAS in biosolids, NACWA reiterated why the U.S. District Court for the District of Columbia should dismiss the claims being made by the Public Employees for Environmental Responsibility (PEER).
In response to PEER’s objections to earlier filings made by NACWA and the U.S. Department of Justice on behalf of EPA seeking dismissal of the case, NACWA again pointed to the language of CWA section 405 to show that Congress tasked EPA, not outside parties and courts, with determining when regulation of additional pollutants such as PFAS in biosolids is warranted.
The court will now consider DOJ and NACWA’s motions as well as PEER’s responses and issue a ruling in the coming weeks. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore, 202-833-1450
Funding and Finance
NACWA Meets with EPA Staff, Discusses Status of Funding Programs
NACWA held a virtual meeting Feb. 19 with staff from EPA’s Office of Wastewater Management. This is the first time NACWA has been able to engage directly with EPA staff since the recent change in presidential administrations.
A key focus of the discussion was an update on the current status of EPA’s federal funding programs. There has been much confusion about these programs over recent weeks given the various broad federal funding freezes and Executive Orders issues by the Trump Administration.
EPA staff indicated that all Agency water infrastructure programs are now operating normally and funds are flowing again – including the Clean Water State Revolving Fund (CWSRF), the Water Infrastructure Finance and Innovation Act (WIFIA) program, and Congressionally Directed Spending funds (CDS – also known as earmarks) – so clean water utilities should not be experiencing any issues. Read the full story in the Clean Water Current.
Contact: Kristina Surfus, 202-833-4655
EPA HHS Releases Final LIHWAP Implementation Report
The US Department of Health and Human Services (HHS), Office of Community Services (OCS) released the Final Low Income Household Water Assistance Program (LIHWAP) Implementation and Impact Report on January 10. The report covers the entire life cycle of LIHWAP, from its inception during the pandemic through its completion last year.
As the first-ever federal low-income water assistance program, LIHWAP provides a model for permanent, reliable federal assistance to low-income households for help with their water bills – a top priority for the Association and which NACWA continues to advocate for in the new Congress. LIHWAP grants were provided to states, territories and tribes to provide credits to qualifying households to help ensure their access to critical water and wastewater services, through collaboration between local community organizations, utilities, and states. Read the full story in the Clean Water Current.
Contact: Kristina Surfus, 202-833-4655
Pretreatment & Pollution Prevention
NACWA Provides Recommendations to EPA on Planned PFAS Pretreatment Standards
NACWA filed comments January 17 in support of EPA’s planned development of pretreatment standards for PFAS discharged from industrial sources as outlined in the Agency’s Preliminary Effluent Guidelines Program Plan 16.
The Plan is published every two years and contains information about EPA’s planned and ongoing studies and rulemakings related to effluent limitation guidelines (ELGs) and pretreatment standards for industrial dischargers. The Plan, an FAQ, and other documents are available on EPA’s website.
NACWA’s comments provided points for EPA to consider when developing pretreatment standards for PFAS, including the need to consider legacy PFAS issues and to provide flexibility or frequent updates to pretreatment standards as the science related to PFAS impacts continues to develop. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836
Technology & Innovation
EPA Releases Report Examining Permitting Innovation
The U.S. Environmental Protection Agency (EPA) Office of Water released a report that examines a new permitting framework to support innovation. The final report, A Framework for Permitting Innovation in the Wastewater Sector, details the outcomes of an expert workshop that included several NACWA utility leaders.
The effort was led by EPA as part of its National Water Reuse Action Plan (WRAP), and aimed to answer a key question: Why is it so difficult to innovate in the wastewater sector, given the myriad opportunities to innovate, recover valuable resources, lower the cost of treatment, and maximize sustainability?
The report concludes that the key to supporting innovation lies in approaching the permitting process as an ongoing series of relationships and highlights the need for more effective engagement throughout the process.
Contact: Kristina Surfus, 202-833-4655
Water Quality
NACWA Objects to EPA Region 5 Actions on Nutrients, Encourages Issuance of Science-Based Utility Permits
NACWA filed comments encouraging EPA Region 5 to lift its objection to the Ohio Environmental Protection Agency’s (Ohio EPA) reissuance of NACWA public agency member the City of Port Clinton’s National Pollutant Discharge Elimination System (NPDES) permit.
Region 5’s objections to Port Clinton’s permit are based on its contentions that stringent numeric limits on nutrients are necessary to ensure that Port Clinton’s discharges do not “cause or contribute to the violation of” Ohio’s narrative nutrient criteria. As it has done in other NACWA member utility permitting processes, Region 5 again is insisting - over Ohio EPA’s objection – that such limits are required based on its 2021 guidance document, Ambient Water Quality Criteria to Address Nutrient Pollution in Lakes and Reservoirs.
NACWA’s comments point out several of the serious flaws in Region 5’s analysis, including the fact that the 2021 guidance provides a national model that did not consider any underlying data from the Great Lakes and is therefore wholly inappropriate for use in decision-making concerning Lake Erie. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore, 202-833-1450
EPA Seeks Comment on Aquatic Life Protective Values for Pesticides
The U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice that it is seeking comment on a harmonized approach to assess aquatic life effects of pesticides for both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA).
EPA’s Office of Water and Office of Pesticide Programs have been working together for several years to develop this approach, which has been encouraged by NACWA and the Bay Area Clean Water Agencies (BACWA).
The draft analyses compare aquatic life benchmarks developed by OPP in support of registration decisions for pesticides under FIFRA to existing national recommended aquatic life Ambient Water Quality Criteria and criteria-related values developed under the CWA for the protection of aquatic life from pesticides. The aquatic life effects of pesticides assessed by the Office of Pesticide Programs and the Office of Water are developed with parallel but different peer-reviewed methods. The Trump administration extended the comment period to March 3, 2025. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836
Regulatory Updates
January/February 2025
Regulatory Perspectives
Over a Month Into the New Trump Administration, Clean Water Policies are Clear as Mud
We are now over a month into the new Trump administration, but the multitude of actions and orders issued by the administration has done little to clarify what regulatory direction EPA will take over the next four years.
Many actions that have occurred over the last month are typical of any new administration, such as pausing any new regulatory actions for review by the new political team at EPA. In the closing weeks of the Biden administration, EPA published several documents and proposals related to PFAS, such as the draft human health criteria and the draft sewage sludge risk assessment for PFOA and PFOS, and the comment deadlines for these have been extended. In addition, the courts have stayed – at EPA’s request – litigation on EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA and on the PFAS drinking water maximum contaminant levels for PFAS.
It remains to be seen whether these delays are simply the standard delays of a new administration or if they signal a major rethinking of policy related to PFAS. If EPA decides to change course on PFAS, the implications for clean water agencies are not clear. For example, a reversal of the CERCLA hazardous substance designation for PFAS would remove the fear of liability for contamination for utilities, but it could also hinder NACWA’s efforts to ensure that a “polluter pays” approach is used for PFAS. If EPA decides not to finalize the draft sewage sludge risk assessment, federal regulation on PFAS in biosolids will be delayed, but states may still move forward with their own regulations or legislation based on the draft risk assessment.
The rash of executive orders related to funding (see story below) have created confusion over how and when the State Revolving Fund (SRF) program and the Water Infrastructure Finance and Innovation Act (WIFIA) program will disburse funds, and the fate of funding tools that were made available through other Bipartisan Infrastructure Law and Inflation Reduction Act. SRF and WIFIA funds are reportedly again flowing without delay but it is still not entirely clear how the orders will ultimately impact the core clean water funding programs.
After an initial directive to EPA staff to cease all communications with stakeholders, staff are now able to talk with organizations such as NACWA again. NACWA has resumed its regular meetings with the Office of Wastewater Management and will be talking soon with the new political staff at the Agency. NACWA’s members should continue to reach out to us with concerns or issues that they have with funding or regulatory actions as the new administration settles in.
We will keep our members informed of any new insights that we gain about the direction of clean water policy, and we invite you to come to Washington, DC for the National Water Policy Fly-In, April 8-9. This will be an excellent opportunity to hear directly from EPA staff and other policy makers, and to visit with your Congressional representatives to make the clean water utility voice heard.
--Cynthia Finley, NACWA Director of Regulatory Affairs
Top Stories
Flurry of Executive Orders and Federal Spending Freeze Sow Confusion for Clean Water Sector
A series of Executive Orders (EOs) and other actions at the beginning of the new Trump Administration has caused confusion for public clean water agencies on a number of fronts, particularly around access to federal clean water infrastructure funding.
The most concerning of the recent federal actions was a January 27 memo issued by the White House Office of Management and Budget (OMB) that imposed a temporary freeze on all federal grants and loans until federal agencies could review federal funding programs for consistency with EOs previously issued by the Trump Administration. This freeze would have impacted all EPA infrastructure programs, including the State Revolving Fund (SRF) program and the Water Infrastructure Finance and Innovation Act (WIFIA) program.
OMB then rescinded the January 27 memo two days later, but the recission was very vaguely worded and left much confusion about whether federal funding programs could proceed. Some state SRF programs indicated after this second OMB memo that they were back to business as usual, while other state SRFs said their funds continued to be frozen.
EPA could not provide any clarity on this issue because at the time of the order, Agency staff were under a communications gag order preventing them from communicating with any outside parties. However, multiple lawsuits were filed challenging the funding freeze, and at least two federal judges issued orders preventing the Trump Administration from enforcing the freeze.
EPA issued its own memo on February 4 stating that it was lifting the spending freeze for Agency programs, consistent with the judicial orders. This means that funds from core clean water infrastructure programs like the SRF and WIFIA should be flowing again.
Unfortunately, there remains much uncertainty about how all of this will play out, especially around the impact of some of President Trump’s EOs targeting Environment Justice (EJ) and Diversity, Equity and Inclusion (DEI) programs. As NACWA has previously reported, it appears the reach of most of these EOs and related efforts, including pulling down any related content on federal websites, is to terminate DEI- or EJ- specific programs and spending, but not curtail all programs or target grantees which might have these provisions or reporting requirements.
However, a specific EO, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, does instruct federal agencies to condition federal grants on both a requirement that the recipient comply with all applicable Federal anti-discrimination laws as well as a certification that the recipient does not operate any DEI programs that violate such laws. NACWA will continue to closely track this issue and analyze what it may mean for the clean water sector, as many utilities have DEI efforts at the local level.
The White House also issued an EO on January 31 directing all federal agencies to change the way they pursue federal regulations, including a requirement that any new regulation must be offset by the removal of 10 existing regulations and that the savings from the elimination or reduction of existing regulatory burdens must be greater than those created by any new regulations. This may provide an opportunity for NACWA to explore some targeted regulatory relief with EPA.
On Capitol Hill, Congress approved President Trump’s nominee to run EPA, former Long Island Congressman Lee Zeldin. During his confirmation hearing, Zeldin engaged in dialogue with Committee members regarding the need to protect water systems from PFAS liability and address water affordability. NACWA and other water organizations worked with Committee members to ensure that Zeldin was asked key questions about these priorities on the record.
Additionally, Jessica Kramer, most recently with the Florida Department of Environment, has been announced as the Assistant Administrator for the Office of Water (OW) nominee.
Kramer served in OW during the first Trump Administration before moving to the Senate EPW Committee and then private practice at Brownstein Hyatt Farber Schreck. NACWA worked with her in each of those capacities, and she was the lead consultant on the NACWA-initiated Water Coalition Against PFAS during her time in private practice. If confirmed, she will bring significant expertise on key water issues to OW.
NACWA will continue to monitor and engage on all the developments around the new administration and new Congress and will keep members updated. We also encourage all Association members to make plans to join us in D.C. for the National Water Policy Fly-In April 8-9. This will be a critical opportunity to hear from the new federal policy makers in Washington and meet with your Congressional representatives to advocate for the clean water sector agenda.
Contact: Kristina Surfus, 202-833-4655
EPA Releases Draft Risk Assessment for PFOA and PFOS in Biosolids, NACWA Provides Utility Resources in Response
The US Environmental Protection Agency (EPA) released its Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctanoic Sulfonic Acid (PFOS), finding the potential for increased risk to a narrow and specific segment of the population but no risk to the general public or to the general food supply.
NACWA responded by sending an Advocacy Alert to its members with a detailed summary of the Draft Risk Assessment and its methodology, the Association’s concerns about the assessment, and a new suite of communications resources that NACWA has made available.
EPA published a request for comments on the assessment in the Federal Register on Jan. 15 and posted fact sheets and related information aimed at key stakeholders, including one for wastewater treatment plants, on its website. EPA announced a 30-day extension for comments, and comments are now due April 16, 2025.
The Draft Risk Assessment modeled scenarios for land application and surface disposal of biosolids, as well as a qualitative analysis for incineration of biosolids. To evaluate risk for land application, EPA modeled biosolids containing 1 part per billion of either PFOA or PFOS and estimated the risk for a family living on or near the site of application.
EPA found elevated risk for both cancer and non-cancer health effects, resulting from consumption of drinking water, milk, fish, beef, eggs, and some fruits and vegetables. Some of the highest risks were found for the scenario of biosolids applied to pasture, with milk consumption having a cancer risk exceeding 1 x 10-3 (1 in 1,000).
EPA emphasized that the assessment did not demonstrate a risk to the general public, only to the hypothetical “farm family” used in the modeled scenarios. EPA also stated that the nation’s food supply is safe.
As outlined in NACWA’s Advocacy Alert, it is critical to note that the Draft Risk Assessment creates no new regulatory requirements or standards. EPA could change or modify it before finalizing it or withdraw it entirely. It is not clear what the incoming Trump Administration will do. The assessment also suffers from a number of flaws, including conservative assumptions regarding the hypothetical farm family and lack of comparative risk analysis. NACWA will be raising these concerns in its comments and with the new political leadership at EPA.
Communications Resources Available for Utilities
To help utilities communicate with the public and press about the draft risk assessment and biosolids in general, NACWA has launched biosolidsexplained.org, a hub for information and resources about biosolids. The site features an overview of the wastewater treatment process and contains frequently asked questions to help dispel myths and misinformation about biosolids, including a specific FAQ document and suggested talking points related to the draft risk assessment. NACWA's utility-focused resources are also available on the site, and include fact sheets, talking points and customizable templates for writing a letter to the editor or op-ed.
NACWA had significant advocacy with EPA in recent months regarding the Draft Risk Assessment, and this engagement with EPA helped to ensure the communications materials released by the Agency emphasized the limited population targeted by the assessment model and the lack of risk to the general public. NACWA has also spoken with the media about the assessment, most notably in a Jan. 14 New York Times article.
Contact: Cynthia Finley, 202-533-1836
EPA Extends Key PFAS Comment Periods
The U.S. Environmental Protection Agency (EPA) has formally extended comment periods for several key proposals related to PFAS:
Comments on the Draft Sewage Sludge Risk Assessment for PFOA and PFOS are now due by April 16, 2025, a 30-day extension.
Comments on the Draft National Recommended Human Health Water Quality Criteria for PFOA, PFOS and PFBS are now due by April 25, 2025, a 60-day extension.
In addition, comments on the Clean Water Act Methods Update Rule will be accepted for an additional 30 days from the date the extension is published in the Federal Register, which is expected to be February 21.
NACWA and other water stakeholders requested extensions of these comment periods considering the complexity and significance of these proposals to clean water utility operations and the presidential administration transition underway. NACWA is working to develop comments for each proposal, which we are happy to share with interested utilities who may want to review or submit comments of their own. With the extensions in place, NACWA’s draft comments will be available for review later in March although we welcome input at any time.
Contact: Kristina Surfus, 202-833-4655
Biosolids
NACWA Seeks Dismissal of Lawsuit Designed to Prematurely Force Federal Regulation of PFAS in Biosolids
In its latest filing in litigation over whether the U.S. Environmental Protection Agency (EPA) must issue federal Clean Water Act limits on PFAS in biosolids, NACWA reiterated why the U.S. District Court for the District of Columbia should dismiss the claims being made by the Public Employees for Environmental Responsibility (PEER).
In response to PEER’s objections to earlier filings made by NACWA and the U.S. Department of Justice on behalf of EPA seeking dismissal of the case, NACWA again pointed to the language of CWA section 405 to show that Congress tasked EPA, not outside parties and courts, with determining when regulation of additional pollutants such as PFAS in biosolids is warranted.
The court will now consider DOJ and NACWA’s motions as well as PEER’s responses and issue a ruling in the coming weeks. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore, 202-833-1450
Funding and Finance
NACWA Meets with EPA Staff, Discusses Status of Funding Programs
NACWA held a virtual meeting Feb. 19 with staff from EPA’s Office of Wastewater Management. This is the first time NACWA has been able to engage directly with EPA staff since the recent change in presidential administrations.
A key focus of the discussion was an update on the current status of EPA’s federal funding programs. There has been much confusion about these programs over recent weeks given the various broad federal funding freezes and Executive Orders issues by the Trump Administration.
EPA staff indicated that all Agency water infrastructure programs are now operating normally and funds are flowing again – including the Clean Water State Revolving Fund (CWSRF), the Water Infrastructure Finance and Innovation Act (WIFIA) program, and Congressionally Directed Spending funds (CDS – also known as earmarks) – so clean water utilities should not be experiencing any issues. Read the full story in the Clean Water Current.
Contact: Kristina Surfus, 202-833-4655
EPA HHS Releases Final LIHWAP Implementation Report
The US Department of Health and Human Services (HHS), Office of Community Services (OCS) released the Final Low Income Household Water Assistance Program (LIHWAP) Implementation and Impact Report on January 10. The report covers the entire life cycle of LIHWAP, from its inception during the pandemic through its completion last year.
As the first-ever federal low-income water assistance program, LIHWAP provides a model for permanent, reliable federal assistance to low-income households for help with their water bills – a top priority for the Association and which NACWA continues to advocate for in the new Congress. LIHWAP grants were provided to states, territories and tribes to provide credits to qualifying households to help ensure their access to critical water and wastewater services, through collaboration between local community organizations, utilities, and states. Read the full story in the Clean Water Current.
Contact: Kristina Surfus, 202-833-4655
Pretreatment & Pollution Prevention
NACWA Provides Recommendations to EPA on Planned PFAS Pretreatment Standards
NACWA filed comments January 17 in support of EPA’s planned development of pretreatment standards for PFAS discharged from industrial sources as outlined in the Agency’s Preliminary Effluent Guidelines Program Plan 16.
The Plan is published every two years and contains information about EPA’s planned and ongoing studies and rulemakings related to effluent limitation guidelines (ELGs) and pretreatment standards for industrial dischargers. The Plan, an FAQ, and other documents are available on EPA’s website.
NACWA’s comments provided points for EPA to consider when developing pretreatment standards for PFAS, including the need to consider legacy PFAS issues and to provide flexibility or frequent updates to pretreatment standards as the science related to PFAS impacts continues to develop. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836
Technology & Innovation
EPA Releases Report Examining Permitting Innovation
The U.S. Environmental Protection Agency (EPA) Office of Water released a report that examines a new permitting framework to support innovation. The final report, A Framework for Permitting Innovation in the Wastewater Sector, details the outcomes of an expert workshop that included several NACWA utility leaders.
The effort was led by EPA as part of its National Water Reuse Action Plan (WRAP), and aimed to answer a key question: Why is it so difficult to innovate in the wastewater sector, given the myriad opportunities to innovate, recover valuable resources, lower the cost of treatment, and maximize sustainability?
The report concludes that the key to supporting innovation lies in approaching the permitting process as an ongoing series of relationships and highlights the need for more effective engagement throughout the process.
Contact: Kristina Surfus, 202-833-4655
Water Quality
NACWA Objects to EPA Region 5 Actions on Nutrients, Encourages Issuance of Science-Based Utility Permits
NACWA filed comments encouraging EPA Region 5 to lift its objection to the Ohio Environmental Protection Agency’s (Ohio EPA) reissuance of NACWA public agency member the City of Port Clinton’s National Pollutant Discharge Elimination System (NPDES) permit.
Region 5’s objections to Port Clinton’s permit are based on its contentions that stringent numeric limits on nutrients are necessary to ensure that Port Clinton’s discharges do not “cause or contribute to the violation of” Ohio’s narrative nutrient criteria. As it has done in other NACWA member utility permitting processes, Region 5 again is insisting - over Ohio EPA’s objection – that such limits are required based on its 2021 guidance document, Ambient Water Quality Criteria to Address Nutrient Pollution in Lakes and Reservoirs.
NACWA’s comments point out several of the serious flaws in Region 5’s analysis, including the fact that the 2021 guidance provides a national model that did not consider any underlying data from the Great Lakes and is therefore wholly inappropriate for use in decision-making concerning Lake Erie. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore, 202-833-1450
EPA Seeks Comment on Aquatic Life Protective Values for Pesticides
The U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice that it is seeking comment on a harmonized approach to assess aquatic life effects of pesticides for both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA).
EPA’s Office of Water and Office of Pesticide Programs have been working together for several years to develop this approach, which has been encouraged by NACWA and the Bay Area Clean Water Agencies (BACWA).
The draft analyses compare aquatic life benchmarks developed by OPP in support of registration decisions for pesticides under FIFRA to existing national recommended aquatic life Ambient Water Quality Criteria and criteria-related values developed under the CWA for the protection of aquatic life from pesticides. The aquatic life effects of pesticides assessed by the Office of Pesticide Programs and the Office of Water are developed with parallel but different peer-reviewed methods. The Trump administration extended the comment period to March 3, 2025. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836
Legislative
Updates
January/February 2025
Regulatory Perspectives
Over a Month Into the New Trump Administration, Clean Water Policies are Clear as Mud
We are now over a month into the new Trump administration, but the multitude of actions and orders issued by the administration has done little to clarify what regulatory direction EPA will take over the next four years.
Many actions that have occurred over the last month are typical of any new administration, such as pausing any new regulatory actions for review by the new political team at EPA. In the closing weeks of the Biden administration, EPA published several documents and proposals related to PFAS, such as the draft human health criteria and the draft sewage sludge risk assessment for PFOA and PFOS, and the comment deadlines for these have been extended. In addition, the courts have stayed – at EPA’s request – litigation on EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA and on the PFAS drinking water maximum contaminant levels for PFAS.
It remains to be seen whether these delays are simply the standard delays of a new administration or if they signal a major rethinking of policy related to PFAS. If EPA decides to change course on PFAS, the implications for clean water agencies are not clear. For example, a reversal of the CERCLA hazardous substance designation for PFAS would remove the fear of liability for contamination for utilities, but it could also hinder NACWA’s efforts to ensure that a “polluter pays” approach is used for PFAS. If EPA decides not to finalize the draft sewage sludge risk assessment, federal regulation on PFAS in biosolids will be delayed, but states may still move forward with their own regulations or legislation based on the draft risk assessment.
The rash of executive orders related to funding (see story below) have created confusion over how and when the State Revolving Fund (SRF) program and the Water Infrastructure Finance and Innovation Act (WIFIA) program will disburse funds, and the fate of funding tools that were made available through other Bipartisan Infrastructure Law and Inflation Reduction Act. SRF and WIFIA funds are reportedly again flowing without delay but it is still not entirely clear how the orders will ultimately impact the core clean water funding programs.
After an initial directive to EPA staff to cease all communications with stakeholders, staff are now able to talk with organizations such as NACWA again. NACWA has resumed its regular meetings with the Office of Wastewater Management and will be talking soon with the new political staff at the Agency. NACWA’s members should continue to reach out to us with concerns or issues that they have with funding or regulatory actions as the new administration settles in.
We will keep our members informed of any new insights that we gain about the direction of clean water policy, and we invite you to come to Washington, DC for the National Water Policy Fly-In, April 8-9. This will be an excellent opportunity to hear directly from EPA staff and other policy makers, and to visit with your Congressional representatives to make the clean water utility voice heard.
--Cynthia Finley, NACWA Director of Regulatory Affairs
Top Stories
Flurry of Executive Orders and Federal Spending Freeze Sow Confusion for Clean Water Sector
A series of Executive Orders (EOs) and other actions at the beginning of the new Trump Administration has caused confusion for public clean water agencies on a number of fronts, particularly around access to federal clean water infrastructure funding.
The most concerning of the recent federal actions was a January 27 memo issued by the White House Office of Management and Budget (OMB) that imposed a temporary freeze on all federal grants and loans until federal agencies could review federal funding programs for consistency with EOs previously issued by the Trump Administration. This freeze would have impacted all EPA infrastructure programs, including the State Revolving Fund (SRF) program and the Water Infrastructure Finance and Innovation Act (WIFIA) program.
OMB then rescinded the January 27 memo two days later, but the recission was very vaguely worded and left much confusion about whether federal funding programs could proceed. Some state SRF programs indicated after this second OMB memo that they were back to business as usual, while other state SRFs said their funds continued to be frozen.
EPA could not provide any clarity on this issue because at the time of the order, Agency staff were under a communications gag order preventing them from communicating with any outside parties. However, multiple lawsuits were filed challenging the funding freeze, and at least two federal judges issued orders preventing the Trump Administration from enforcing the freeze.
EPA issued its own memo on February 4 stating that it was lifting the spending freeze for Agency programs, consistent with the judicial orders. This means that funds from core clean water infrastructure programs like the SRF and WIFIA should be flowing again.
Unfortunately, there remains much uncertainty about how all of this will play out, especially around the impact of some of President Trump’s EOs targeting Environment Justice (EJ) and Diversity, Equity and Inclusion (DEI) programs. As NACWA has previously reported, it appears the reach of most of these EOs and related efforts, including pulling down any related content on federal websites, is to terminate DEI- or EJ- specific programs and spending, but not curtail all programs or target grantees which might have these provisions or reporting requirements.
However, a specific EO, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, does instruct federal agencies to condition federal grants on both a requirement that the recipient comply with all applicable Federal anti-discrimination laws as well as a certification that the recipient does not operate any DEI programs that violate such laws. NACWA will continue to closely track this issue and analyze what it may mean for the clean water sector, as many utilities have DEI efforts at the local level.
The White House also issued an EO on January 31 directing all federal agencies to change the way they pursue federal regulations, including a requirement that any new regulation must be offset by the removal of 10 existing regulations and that the savings from the elimination or reduction of existing regulatory burdens must be greater than those created by any new regulations. This may provide an opportunity for NACWA to explore some targeted regulatory relief with EPA.
On Capitol Hill, Congress approved President Trump’s nominee to run EPA, former Long Island Congressman Lee Zeldin. During his confirmation hearing, Zeldin engaged in dialogue with Committee members regarding the need to protect water systems from PFAS liability and address water affordability. NACWA and other water organizations worked with Committee members to ensure that Zeldin was asked key questions about these priorities on the record.
Additionally, Jessica Kramer, most recently with the Florida Department of Environment, has been announced as the Assistant Administrator for the Office of Water (OW) nominee.
Kramer served in OW during the first Trump Administration before moving to the Senate EPW Committee and then private practice at Brownstein Hyatt Farber Schreck. NACWA worked with her in each of those capacities, and she was the lead consultant on the NACWA-initiated Water Coalition Against PFAS during her time in private practice. If confirmed, she will bring significant expertise on key water issues to OW.
NACWA will continue to monitor and engage on all the developments around the new administration and new Congress and will keep members updated. We also encourage all Association members to make plans to join us in D.C. for the National Water Policy Fly-In April 8-9. This will be a critical opportunity to hear from the new federal policy makers in Washington and meet with your Congressional representatives to advocate for the clean water sector agenda.
Contact: Kristina Surfus, 202-833-4655
EPA Releases Draft Risk Assessment for PFOA and PFOS in Biosolids, NACWA Provides Utility Resources in Response
The US Environmental Protection Agency (EPA) released its Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctanoic Sulfonic Acid (PFOS), finding the potential for increased risk to a narrow and specific segment of the population but no risk to the general public or to the general food supply.
NACWA responded by sending an Advocacy Alert to its members with a detailed summary of the Draft Risk Assessment and its methodology, the Association’s concerns about the assessment, and a new suite of communications resources that NACWA has made available.
EPA published a request for comments on the assessment in the Federal Register on Jan. 15 and posted fact sheets and related information aimed at key stakeholders, including one for wastewater treatment plants, on its website. EPA announced a 30-day extension for comments, and comments are now due April 16, 2025.
The Draft Risk Assessment modeled scenarios for land application and surface disposal of biosolids, as well as a qualitative analysis for incineration of biosolids. To evaluate risk for land application, EPA modeled biosolids containing 1 part per billion of either PFOA or PFOS and estimated the risk for a family living on or near the site of application.
EPA found elevated risk for both cancer and non-cancer health effects, resulting from consumption of drinking water, milk, fish, beef, eggs, and some fruits and vegetables. Some of the highest risks were found for the scenario of biosolids applied to pasture, with milk consumption having a cancer risk exceeding 1 x 10-3 (1 in 1,000).
EPA emphasized that the assessment did not demonstrate a risk to the general public, only to the hypothetical “farm family” used in the modeled scenarios. EPA also stated that the nation’s food supply is safe.
As outlined in NACWA’s Advocacy Alert, it is critical to note that the Draft Risk Assessment creates no new regulatory requirements or standards. EPA could change or modify it before finalizing it or withdraw it entirely. It is not clear what the incoming Trump Administration will do. The assessment also suffers from a number of flaws, including conservative assumptions regarding the hypothetical farm family and lack of comparative risk analysis. NACWA will be raising these concerns in its comments and with the new political leadership at EPA.
Communications Resources Available for Utilities
To help utilities communicate with the public and press about the draft risk assessment and biosolids in general, NACWA has launched biosolidsexplained.org, a hub for information and resources about biosolids. The site features an overview of the wastewater treatment process and contains frequently asked questions to help dispel myths and misinformation about biosolids, including a specific FAQ document and suggested talking points related to the draft risk assessment. NACWA's utility-focused resources are also available on the site, and include fact sheets, talking points and customizable templates for writing a letter to the editor or op-ed.
NACWA had significant advocacy with EPA in recent months regarding the Draft Risk Assessment, and this engagement with EPA helped to ensure the communications materials released by the Agency emphasized the limited population targeted by the assessment model and the lack of risk to the general public. NACWA has also spoken with the media about the assessment, most notably in a Jan. 14 New York Times article.
Contact: Cynthia Finley, 202-533-1836
EPA Extends Key PFAS Comment Periods
The U.S. Environmental Protection Agency (EPA) has formally extended comment periods for several key proposals related to PFAS:
Comments on the Draft Sewage Sludge Risk Assessment for PFOA and PFOS are now due by April 16, 2025, a 30-day extension.
Comments on the Draft National Recommended Human Health Water Quality Criteria for PFOA, PFOS and PFBS are now due by April 25, 2025, a 60-day extension.
In addition, comments on the Clean Water Act Methods Update Rule will be accepted for an additional 30 days from the date the extension is published in the Federal Register, which is expected to be February 21.
NACWA and other water stakeholders requested extensions of these comment periods considering the complexity and significance of these proposals to clean water utility operations and the presidential administration transition underway. NACWA is working to develop comments for each proposal, which we are happy to share with interested utilities who may want to review or submit comments of their own. With the extensions in place, NACWA’s draft comments will be available for review later in March although we welcome input at any time.
Contact: Kristina Surfus, 202-833-4655
Biosolids
NACWA Seeks Dismissal of Lawsuit Designed to Prematurely Force Federal Regulation of PFAS in Biosolids
In its latest filing in litigation over whether the U.S. Environmental Protection Agency (EPA) must issue federal Clean Water Act limits on PFAS in biosolids, NACWA reiterated why the U.S. District Court for the District of Columbia should dismiss the claims being made by the Public Employees for Environmental Responsibility (PEER).
In response to PEER’s objections to earlier filings made by NACWA and the U.S. Department of Justice on behalf of EPA seeking dismissal of the case, NACWA again pointed to the language of CWA section 405 to show that Congress tasked EPA, not outside parties and courts, with determining when regulation of additional pollutants such as PFAS in biosolids is warranted.
The court will now consider DOJ and NACWA’s motions as well as PEER’s responses and issue a ruling in the coming weeks. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore, 202-833-1450
Funding and Finance
NACWA Meets with EPA Staff, Discusses Status of Funding Programs
NACWA held a virtual meeting Feb. 19 with staff from EPA’s Office of Wastewater Management. This is the first time NACWA has been able to engage directly with EPA staff since the recent change in presidential administrations.
A key focus of the discussion was an update on the current status of EPA’s federal funding programs. There has been much confusion about these programs over recent weeks given the various broad federal funding freezes and Executive Orders issues by the Trump Administration.
EPA staff indicated that all Agency water infrastructure programs are now operating normally and funds are flowing again – including the Clean Water State Revolving Fund (CWSRF), the Water Infrastructure Finance and Innovation Act (WIFIA) program, and Congressionally Directed Spending funds (CDS – also known as earmarks) – so clean water utilities should not be experiencing any issues. Read the full story in the Clean Water Current.
Contact: Kristina Surfus, 202-833-4655
EPA HHS Releases Final LIHWAP Implementation Report
The US Department of Health and Human Services (HHS), Office of Community Services (OCS) released the Final Low Income Household Water Assistance Program (LIHWAP) Implementation and Impact Report on January 10. The report covers the entire life cycle of LIHWAP, from its inception during the pandemic through its completion last year.
As the first-ever federal low-income water assistance program, LIHWAP provides a model for permanent, reliable federal assistance to low-income households for help with their water bills – a top priority for the Association and which NACWA continues to advocate for in the new Congress. LIHWAP grants were provided to states, territories and tribes to provide credits to qualifying households to help ensure their access to critical water and wastewater services, through collaboration between local community organizations, utilities, and states. Read the full story in the Clean Water Current.
Contact: Kristina Surfus, 202-833-4655
Pretreatment & Pollution Prevention
NACWA Provides Recommendations to EPA on Planned PFAS Pretreatment Standards
NACWA filed comments January 17 in support of EPA’s planned development of pretreatment standards for PFAS discharged from industrial sources as outlined in the Agency’s Preliminary Effluent Guidelines Program Plan 16.
The Plan is published every two years and contains information about EPA’s planned and ongoing studies and rulemakings related to effluent limitation guidelines (ELGs) and pretreatment standards for industrial dischargers. The Plan, an FAQ, and other documents are available on EPA’s website.
NACWA’s comments provided points for EPA to consider when developing pretreatment standards for PFAS, including the need to consider legacy PFAS issues and to provide flexibility or frequent updates to pretreatment standards as the science related to PFAS impacts continues to develop. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836
Technology & Innovation
EPA Releases Report Examining Permitting Innovation
The U.S. Environmental Protection Agency (EPA) Office of Water released a report that examines a new permitting framework to support innovation. The final report, A Framework for Permitting Innovation in the Wastewater Sector, details the outcomes of an expert workshop that included several NACWA utility leaders.
The effort was led by EPA as part of its National Water Reuse Action Plan (WRAP), and aimed to answer a key question: Why is it so difficult to innovate in the wastewater sector, given the myriad opportunities to innovate, recover valuable resources, lower the cost of treatment, and maximize sustainability?
The report concludes that the key to supporting innovation lies in approaching the permitting process as an ongoing series of relationships and highlights the need for more effective engagement throughout the process.
Contact: Kristina Surfus, 202-833-4655
Water Quality
NACWA Objects to EPA Region 5 Actions on Nutrients, Encourages Issuance of Science-Based Utility Permits
NACWA filed comments encouraging EPA Region 5 to lift its objection to the Ohio Environmental Protection Agency’s (Ohio EPA) reissuance of NACWA public agency member the City of Port Clinton’s National Pollutant Discharge Elimination System (NPDES) permit.
Region 5’s objections to Port Clinton’s permit are based on its contentions that stringent numeric limits on nutrients are necessary to ensure that Port Clinton’s discharges do not “cause or contribute to the violation of” Ohio’s narrative nutrient criteria. As it has done in other NACWA member utility permitting processes, Region 5 again is insisting - over Ohio EPA’s objection – that such limits are required based on its 2021 guidance document, Ambient Water Quality Criteria to Address Nutrient Pollution in Lakes and Reservoirs.
NACWA’s comments point out several of the serious flaws in Region 5’s analysis, including the fact that the 2021 guidance provides a national model that did not consider any underlying data from the Great Lakes and is therefore wholly inappropriate for use in decision-making concerning Lake Erie. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore, 202-833-1450
EPA Seeks Comment on Aquatic Life Protective Values for Pesticides
The U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice that it is seeking comment on a harmonized approach to assess aquatic life effects of pesticides for both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA).
EPA’s Office of Water and Office of Pesticide Programs have been working together for several years to develop this approach, which has been encouraged by NACWA and the Bay Area Clean Water Agencies (BACWA).
The draft analyses compare aquatic life benchmarks developed by OPP in support of registration decisions for pesticides under FIFRA to existing national recommended aquatic life Ambient Water Quality Criteria and criteria-related values developed under the CWA for the protection of aquatic life from pesticides. The aquatic life effects of pesticides assessed by the Office of Pesticide Programs and the Office of Water are developed with parallel but different peer-reviewed methods. The Trump administration extended the comment period to March 3, 2025. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836
Legal
Updates
January/February 2025
Regulatory Perspectives
Over a Month Into the New Trump Administration, Clean Water Policies are Clear as Mud
We are now over a month into the new Trump administration, but the multitude of actions and orders issued by the administration has done little to clarify what regulatory direction EPA will take over the next four years.
Many actions that have occurred over the last month are typical of any new administration, such as pausing any new regulatory actions for review by the new political team at EPA. In the closing weeks of the Biden administration, EPA published several documents and proposals related to PFAS, such as the draft human health criteria and the draft sewage sludge risk assessment for PFOA and PFOS, and the comment deadlines for these have been extended. In addition, the courts have stayed – at EPA’s request – litigation on EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA and on the PFAS drinking water maximum contaminant levels for PFAS.
It remains to be seen whether these delays are simply the standard delays of a new administration or if they signal a major rethinking of policy related to PFAS. If EPA decides to change course on PFAS, the implications for clean water agencies are not clear. For example, a reversal of the CERCLA hazardous substance designation for PFAS would remove the fear of liability for contamination for utilities, but it could also hinder NACWA’s efforts to ensure that a “polluter pays” approach is used for PFAS. If EPA decides not to finalize the draft sewage sludge risk assessment, federal regulation on PFAS in biosolids will be delayed, but states may still move forward with their own regulations or legislation based on the draft risk assessment.
The rash of executive orders related to funding (see story below) have created confusion over how and when the State Revolving Fund (SRF) program and the Water Infrastructure Finance and Innovation Act (WIFIA) program will disburse funds, and the fate of funding tools that were made available through other Bipartisan Infrastructure Law and Inflation Reduction Act. SRF and WIFIA funds are reportedly again flowing without delay but it is still not entirely clear how the orders will ultimately impact the core clean water funding programs.
After an initial directive to EPA staff to cease all communications with stakeholders, staff are now able to talk with organizations such as NACWA again. NACWA has resumed its regular meetings with the Office of Wastewater Management and will be talking soon with the new political staff at the Agency. NACWA’s members should continue to reach out to us with concerns or issues that they have with funding or regulatory actions as the new administration settles in.
We will keep our members informed of any new insights that we gain about the direction of clean water policy, and we invite you to come to Washington, DC for the National Water Policy Fly-In, April 8-9. This will be an excellent opportunity to hear directly from EPA staff and other policy makers, and to visit with your Congressional representatives to make the clean water utility voice heard.
--Cynthia Finley, NACWA Director of Regulatory Affairs
Top Stories
Flurry of Executive Orders and Federal Spending Freeze Sow Confusion for Clean Water Sector
A series of Executive Orders (EOs) and other actions at the beginning of the new Trump Administration has caused confusion for public clean water agencies on a number of fronts, particularly around access to federal clean water infrastructure funding.
The most concerning of the recent federal actions was a January 27 memo issued by the White House Office of Management and Budget (OMB) that imposed a temporary freeze on all federal grants and loans until federal agencies could review federal funding programs for consistency with EOs previously issued by the Trump Administration. This freeze would have impacted all EPA infrastructure programs, including the State Revolving Fund (SRF) program and the Water Infrastructure Finance and Innovation Act (WIFIA) program.
OMB then rescinded the January 27 memo two days later, but the recission was very vaguely worded and left much confusion about whether federal funding programs could proceed. Some state SRF programs indicated after this second OMB memo that they were back to business as usual, while other state SRFs said their funds continued to be frozen.
EPA could not provide any clarity on this issue because at the time of the order, Agency staff were under a communications gag order preventing them from communicating with any outside parties. However, multiple lawsuits were filed challenging the funding freeze, and at least two federal judges issued orders preventing the Trump Administration from enforcing the freeze.
EPA issued its own memo on February 4 stating that it was lifting the spending freeze for Agency programs, consistent with the judicial orders. This means that funds from core clean water infrastructure programs like the SRF and WIFIA should be flowing again.
Unfortunately, there remains much uncertainty about how all of this will play out, especially around the impact of some of President Trump’s EOs targeting Environment Justice (EJ) and Diversity, Equity and Inclusion (DEI) programs. As NACWA has previously reported, it appears the reach of most of these EOs and related efforts, including pulling down any related content on federal websites, is to terminate DEI- or EJ- specific programs and spending, but not curtail all programs or target grantees which might have these provisions or reporting requirements.
However, a specific EO, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, does instruct federal agencies to condition federal grants on both a requirement that the recipient comply with all applicable Federal anti-discrimination laws as well as a certification that the recipient does not operate any DEI programs that violate such laws. NACWA will continue to closely track this issue and analyze what it may mean for the clean water sector, as many utilities have DEI efforts at the local level.
The White House also issued an EO on January 31 directing all federal agencies to change the way they pursue federal regulations, including a requirement that any new regulation must be offset by the removal of 10 existing regulations and that the savings from the elimination or reduction of existing regulatory burdens must be greater than those created by any new regulations. This may provide an opportunity for NACWA to explore some targeted regulatory relief with EPA.
On Capitol Hill, Congress approved President Trump’s nominee to run EPA, former Long Island Congressman Lee Zeldin. During his confirmation hearing, Zeldin engaged in dialogue with Committee members regarding the need to protect water systems from PFAS liability and address water affordability. NACWA and other water organizations worked with Committee members to ensure that Zeldin was asked key questions about these priorities on the record.
Additionally, Jessica Kramer, most recently with the Florida Department of Environment, has been announced as the Assistant Administrator for the Office of Water (OW) nominee.
Kramer served in OW during the first Trump Administration before moving to the Senate EPW Committee and then private practice at Brownstein Hyatt Farber Schreck. NACWA worked with her in each of those capacities, and she was the lead consultant on the NACWA-initiated Water Coalition Against PFAS during her time in private practice. If confirmed, she will bring significant expertise on key water issues to OW.
NACWA will continue to monitor and engage on all the developments around the new administration and new Congress and will keep members updated. We also encourage all Association members to make plans to join us in D.C. for the National Water Policy Fly-In April 8-9. This will be a critical opportunity to hear from the new federal policy makers in Washington and meet with your Congressional representatives to advocate for the clean water sector agenda.
Contact: Kristina Surfus, 202-833-4655
EPA Releases Draft Risk Assessment for PFOA and PFOS in Biosolids, NACWA Provides Utility Resources in Response
The US Environmental Protection Agency (EPA) released its Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctanoic Sulfonic Acid (PFOS), finding the potential for increased risk to a narrow and specific segment of the population but no risk to the general public or to the general food supply.
NACWA responded by sending an Advocacy Alert to its members with a detailed summary of the Draft Risk Assessment and its methodology, the Association’s concerns about the assessment, and a new suite of communications resources that NACWA has made available.
EPA published a request for comments on the assessment in the Federal Register on Jan. 15 and posted fact sheets and related information aimed at key stakeholders, including one for wastewater treatment plants, on its website. EPA announced a 30-day extension for comments, and comments are now due April 16, 2025.
The Draft Risk Assessment modeled scenarios for land application and surface disposal of biosolids, as well as a qualitative analysis for incineration of biosolids. To evaluate risk for land application, EPA modeled biosolids containing 1 part per billion of either PFOA or PFOS and estimated the risk for a family living on or near the site of application.
EPA found elevated risk for both cancer and non-cancer health effects, resulting from consumption of drinking water, milk, fish, beef, eggs, and some fruits and vegetables. Some of the highest risks were found for the scenario of biosolids applied to pasture, with milk consumption having a cancer risk exceeding 1 x 10-3 (1 in 1,000).
EPA emphasized that the assessment did not demonstrate a risk to the general public, only to the hypothetical “farm family” used in the modeled scenarios. EPA also stated that the nation’s food supply is safe.
As outlined in NACWA’s Advocacy Alert, it is critical to note that the Draft Risk Assessment creates no new regulatory requirements or standards. EPA could change or modify it before finalizing it or withdraw it entirely. It is not clear what the incoming Trump Administration will do. The assessment also suffers from a number of flaws, including conservative assumptions regarding the hypothetical farm family and lack of comparative risk analysis. NACWA will be raising these concerns in its comments and with the new political leadership at EPA.
Communications Resources Available for Utilities
To help utilities communicate with the public and press about the draft risk assessment and biosolids in general, NACWA has launched biosolidsexplained.org, a hub for information and resources about biosolids. The site features an overview of the wastewater treatment process and contains frequently asked questions to help dispel myths and misinformation about biosolids, including a specific FAQ document and suggested talking points related to the draft risk assessment. NACWA's utility-focused resources are also available on the site, and include fact sheets, talking points and customizable templates for writing a letter to the editor or op-ed.
NACWA had significant advocacy with EPA in recent months regarding the Draft Risk Assessment, and this engagement with EPA helped to ensure the communications materials released by the Agency emphasized the limited population targeted by the assessment model and the lack of risk to the general public. NACWA has also spoken with the media about the assessment, most notably in a Jan. 14 New York Times article.
Contact: Cynthia Finley, 202-533-1836
EPA Extends Key PFAS Comment Periods
The U.S. Environmental Protection Agency (EPA) has formally extended comment periods for several key proposals related to PFAS:
Comments on the Draft Sewage Sludge Risk Assessment for PFOA and PFOS are now due by April 16, 2025, a 30-day extension.
Comments on the Draft National Recommended Human Health Water Quality Criteria for PFOA, PFOS and PFBS are now due by April 25, 2025, a 60-day extension.
In addition, comments on the Clean Water Act Methods Update Rule will be accepted for an additional 30 days from the date the extension is published in the Federal Register, which is expected to be February 21.
NACWA and other water stakeholders requested extensions of these comment periods considering the complexity and significance of these proposals to clean water utility operations and the presidential administration transition underway. NACWA is working to develop comments for each proposal, which we are happy to share with interested utilities who may want to review or submit comments of their own. With the extensions in place, NACWA’s draft comments will be available for review later in March although we welcome input at any time.
Contact: Kristina Surfus, 202-833-4655
Biosolids
NACWA Seeks Dismissal of Lawsuit Designed to Prematurely Force Federal Regulation of PFAS in Biosolids
In its latest filing in litigation over whether the U.S. Environmental Protection Agency (EPA) must issue federal Clean Water Act limits on PFAS in biosolids, NACWA reiterated why the U.S. District Court for the District of Columbia should dismiss the claims being made by the Public Employees for Environmental Responsibility (PEER).
In response to PEER’s objections to earlier filings made by NACWA and the U.S. Department of Justice on behalf of EPA seeking dismissal of the case, NACWA again pointed to the language of CWA section 405 to show that Congress tasked EPA, not outside parties and courts, with determining when regulation of additional pollutants such as PFAS in biosolids is warranted.
The court will now consider DOJ and NACWA’s motions as well as PEER’s responses and issue a ruling in the coming weeks. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore, 202-833-1450
Funding and Finance
NACWA Meets with EPA Staff, Discusses Status of Funding Programs
NACWA held a virtual meeting Feb. 19 with staff from EPA’s Office of Wastewater Management. This is the first time NACWA has been able to engage directly with EPA staff since the recent change in presidential administrations.
A key focus of the discussion was an update on the current status of EPA’s federal funding programs. There has been much confusion about these programs over recent weeks given the various broad federal funding freezes and Executive Orders issues by the Trump Administration.
EPA staff indicated that all Agency water infrastructure programs are now operating normally and funds are flowing again – including the Clean Water State Revolving Fund (CWSRF), the Water Infrastructure Finance and Innovation Act (WIFIA) program, and Congressionally Directed Spending funds (CDS – also known as earmarks) – so clean water utilities should not be experiencing any issues. Read the full story in the Clean Water Current.
Contact: Kristina Surfus, 202-833-4655
EPA HHS Releases Final LIHWAP Implementation Report
The US Department of Health and Human Services (HHS), Office of Community Services (OCS) released the Final Low Income Household Water Assistance Program (LIHWAP) Implementation and Impact Report on January 10. The report covers the entire life cycle of LIHWAP, from its inception during the pandemic through its completion last year.
As the first-ever federal low-income water assistance program, LIHWAP provides a model for permanent, reliable federal assistance to low-income households for help with their water bills – a top priority for the Association and which NACWA continues to advocate for in the new Congress. LIHWAP grants were provided to states, territories and tribes to provide credits to qualifying households to help ensure their access to critical water and wastewater services, through collaboration between local community organizations, utilities, and states. Read the full story in the Clean Water Current.
Contact: Kristina Surfus, 202-833-4655
Pretreatment & Pollution Prevention
NACWA Provides Recommendations to EPA on Planned PFAS Pretreatment Standards
NACWA filed comments January 17 in support of EPA’s planned development of pretreatment standards for PFAS discharged from industrial sources as outlined in the Agency’s Preliminary Effluent Guidelines Program Plan 16.
The Plan is published every two years and contains information about EPA’s planned and ongoing studies and rulemakings related to effluent limitation guidelines (ELGs) and pretreatment standards for industrial dischargers. The Plan, an FAQ, and other documents are available on EPA’s website.
NACWA’s comments provided points for EPA to consider when developing pretreatment standards for PFAS, including the need to consider legacy PFAS issues and to provide flexibility or frequent updates to pretreatment standards as the science related to PFAS impacts continues to develop. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836
Technology & Innovation
EPA Releases Report Examining Permitting Innovation
The U.S. Environmental Protection Agency (EPA) Office of Water released a report that examines a new permitting framework to support innovation. The final report, A Framework for Permitting Innovation in the Wastewater Sector, details the outcomes of an expert workshop that included several NACWA utility leaders.
The effort was led by EPA as part of its National Water Reuse Action Plan (WRAP), and aimed to answer a key question: Why is it so difficult to innovate in the wastewater sector, given the myriad opportunities to innovate, recover valuable resources, lower the cost of treatment, and maximize sustainability?
The report concludes that the key to supporting innovation lies in approaching the permitting process as an ongoing series of relationships and highlights the need for more effective engagement throughout the process.
Contact: Kristina Surfus, 202-833-4655
Water Quality
NACWA Objects to EPA Region 5 Actions on Nutrients, Encourages Issuance of Science-Based Utility Permits
NACWA filed comments encouraging EPA Region 5 to lift its objection to the Ohio Environmental Protection Agency’s (Ohio EPA) reissuance of NACWA public agency member the City of Port Clinton’s National Pollutant Discharge Elimination System (NPDES) permit.
Region 5’s objections to Port Clinton’s permit are based on its contentions that stringent numeric limits on nutrients are necessary to ensure that Port Clinton’s discharges do not “cause or contribute to the violation of” Ohio’s narrative nutrient criteria. As it has done in other NACWA member utility permitting processes, Region 5 again is insisting - over Ohio EPA’s objection – that such limits are required based on its 2021 guidance document, Ambient Water Quality Criteria to Address Nutrient Pollution in Lakes and Reservoirs.
NACWA’s comments point out several of the serious flaws in Region 5’s analysis, including the fact that the 2021 guidance provides a national model that did not consider any underlying data from the Great Lakes and is therefore wholly inappropriate for use in decision-making concerning Lake Erie. Read the full story in the Clean Water Current.
Contact: Amanda Aspatore, 202-833-1450
EPA Seeks Comment on Aquatic Life Protective Values for Pesticides
The U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice that it is seeking comment on a harmonized approach to assess aquatic life effects of pesticides for both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA).
EPA’s Office of Water and Office of Pesticide Programs have been working together for several years to develop this approach, which has been encouraged by NACWA and the Bay Area Clean Water Agencies (BACWA).
The draft analyses compare aquatic life benchmarks developed by OPP in support of registration decisions for pesticides under FIFRA to existing national recommended aquatic life Ambient Water Quality Criteria and criteria-related values developed under the CWA for the protection of aquatic life from pesticides. The aquatic life effects of pesticides assessed by the Office of Pesticide Programs and the Office of Water are developed with parallel but different peer-reviewed methods. The Trump administration extended the comment period to March 3, 2025. Read the full story in the Clean Water Current.
Contact: Cynthia Finley, 202-533-1836
Advocacy Priorities
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Biosolids Explained
PFAS are released into the environment in many ways, such as through the products that contain them, through improper disposal by manufacturers, and by fire-fighting foam when it is used. Because PFAS are a part of so many products, they are often found in soil and water samples, too. Your wastewater service provider receives water from homes and businesses that contains PFAS, likely from our bodies, dishes, and clothes.
While wastewater systems were not designed to specifically treat or remove PFAS, your providers are prepared to – and have already begun to – study and assess PFAS’ impacts on their treatment facilities, the quality of the water they discharge, and the amount of PFAS that may be found in biosolids.
Your wastewater utility does not generate PFAS
Your wastewater utility receives PFAS when they get into the wastewater from homes, businesses, and industrial processes. While the utility and its customers cannot be expected to bear the full costs involved in addressing PFAS, they are strong partners in reducing PFAS in our communities.
Stormwater
As the nation’s leading advocacy voice for municipal stormwater utilities across the country, NACWA is dedicated to protecting water quality; addressing large scale watershed impacts, such as flooding and erosion; and solving related modern-day challenges, such as water quality impairment from stormwater runoff and land-use impacts.
The Association and its individual members are committed to advancing robust, innovative programs and working collaboratively with regulators and stakeholders. The U.S. Environmental Protection Agency’s (EPA) MS4 General Permit Remand Rule, issued in early 2017, represents a change in the development and issuance of National Pollution Discharge Elimination System (NPDES) permits for small Municipal Separate Storm Sewer Systems (MS4s).
COVID-19 Congressional Advocacy Resources
Since the COVID-19 pandemic emerged, NACWA has been working with our clean water agency members and our partner organizations across the water and municipal sector to urge Congress to act to provide federal relief to utilities and assistance to households unable to pay their water bills. NACWA’s ongoing advocacy encompasses direct funding for utilities for lost revenues and COVID-19-related expenses, assistance to households unable to pay their water bills, support for essential employers and workers, stabilizing and improving municipal financing tools, and engaging with the utility perspective in the conversation around water shutoffs.
With the pandemic persisting far beyond initial expectations, Congress has continued to negotiate the terms of another round of major COVID-19 relief, with many twists and turns over the summer and fall. As of late October 2020, differences between Congress and the White House appeared irreconcilable until after the election. NACWA remains engaged with Congressional staff in the meantime as is preparing for further action on the next round of “relief” or “recovery” in late 2020 or early 2021.
Climate Adaptation & Resiliency
Climate change impacts are already affecting clean water agencies and are projected to grow in the years ahead. Increased intensity of storm events and flooding, the threat of sea level rise at treatment works—traditionally located on low-lying coastal land in a community—and increased attention to water scarcity and reuse are just some of the ways in which clean water agencies are seeing impacts from a rapidly changing climate. As the public and government at all levels becomes more concerned, legislative, regulatory and legal pressures to control greenhouse gas emissions and mitigate climate change impacts will grow. Given the critical services clean water agencies provide in their communities, our sector needs to be closely engaged in climate and resiliency conversations.
NACWA believes that climate change is primarily a water issue. The Association’s advocacy focuses on the interrelationships between water resources and climate change. NACWA is also committed to ensuring that greenhouse gas emissions from wastewater treatment are accurately estimated, and that any efforts that impact the wastewater sector are reasonable.
Toilets Are Not Trashcans
NACWA's Toilets Are Not Trashcans campaign is focused on protecting the pipes, pumps, plants, and personnel of wastewater utilities across the nation by reducing the materials that are inappropriately flushed or drained into the sewer system.
Products such as wipes, paper towels and feminine hygiene products should not be flushed, but often are, causing problems for utilities that amount to billions of dollars in maintenance and repair costs—costs which ultimately
pass on to the consumer. Other consumer products contain ingredients, such as plastic microbeads and triclosan, which may harm water quality and the environment. Fats, oils and greases (FOG) and unused pharmaceuticals should also be kept
out of the sewer system.
Nutrients & Farm Bill
Pursuing New Tools to Address Nutrient-Related Water Quality Challenges
Nutrient pollution remains a substantial challenge to the water resources of the United States. Deficiencies in the federal regulatory and policy framework, as well as the lack and inflexibility of financial resources, have constrained needed progress. These factors are driving a strong interest across nutrient management stakeholders in developing and implementing alternative nutrient management approaches.
At the same time, as outlined in more detail below, NACWA played a leading role in securing legislative language in the 2018 Farm Bill that will help public clean water utilities better engage upstream with agricultural partners to achieve meaningful water quality improvements through a holistic, watershed approach.
Integrated Planning
Over the last 45 years, communities have been responding to a growing list of Clean Water Act (CWA) regulatory mandates to improve the nation's water quality. Often taking on compounded wastewater and stormwater responsibilities, many communities are struggling to adequately allocate strained financial resources to these clean water needs.
Thanks to advocacy efforts by NACWA, the U.S. Conference of Mayors and others, EPA recognized the regulated community’s need for flexibility, and developed its Integrated Municipal Stormwater and Wastewater Planning Approach Framework (IP Framework) in 2012. NACWA and its members have been working with EPA and state water regulators ever since to ensure the Framework can be utilized by communities when appropriate.
Affordable Water, Resilient Communities
There is no issue more central to NACWA’s advocacy than increasing the availability of infrastructure funding for public clean water utilities, which includes increased federal funding to support this critical infrastructure sector.
Originally founded in 1970 as an organization focused on ensuring appropriate distribution of federal construction grant dollars under the Clean Water Act, the Association has maintained a strong commitment to advancing federal clean water funding.
At the same time, NACWA has also evolved over the years to recognize the importance of other water infrastructure funding mechanisms including municipal bonds, innovative financing approaches, and public-private partnerships.
PFAS
Publicly owned clean water utilities are “passive receivers” of PFAS, since they do not produce or manufacture PFAS but de facto “receive” these chemicals through the raw influent that arrives at the treatment plant. This influent can come from domestic, industrial, and commercial sources and may contain PFAS constituents ranging from trace to higher concentrations, depending on the nature of the dischargers to the sewer system.
Although the influent is not generated by the utility, the utility is responsible for treating it under the Clean Water Act. Municipal clean water utilities were not traditionally designed or intended with PFAS treatment capabilities in mind. Today, there are no cost-effective techniques available to treat or remove PFAS for the sheer volume of wastewater managed daily by clean water utilities.
NACWA’s advocacy priorities on PFAS include urging source control, empowering the Clean Water Act pretreatment program, preventing public utilities and their customers from unintended liabilities and costs of PFAS management, and advancing research to support sound rulemaking that protects public health and the environment.
Congressional Toolbox
NACWA encourages all of its public utility members to arrange regular meetings with their Senators and Representatives.