February 2026 AWWA Water Utility Insider
Water Utility Insider
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EPA submits proposed revisions to PFAS drinking water rule
On Feb. 24, the U.S. Environmental Protection Agency (EPA) submitted two proposed rules to revise the agency’s final PFAS National Primary Drinking Water Regulation (NPDWR), finalized April 2024. One rule will seek to rescind the regulatory determinations and remove related provisions for PFHxS, PFNA, and HFPO-DA — and the mixture of these per- and polyfluoroalkyl substances (PFAS) plus PFBS — under the Hazard Index framework. The second rule seeks to extend the compliance deadline for the PFAS NPDWR.
These proposed rules follow from Administrator Lee Zeldin’s May 2025 announcement stating that EPA intends retain its maximum contaminant levels for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), but extend compliance deadlines, — potentially under a federal exemption framework — and rescind regulatory determinations and related provisions for PFAS regulated under the Hazard Index. Submission of these two proposed rules marks the beginning of the interagency review process. Following interagency review, the proposed rules will be published in the Federal Register for public comment.
Updates on the judicial reviews of SDWA
Feb. 20 was a filing deadline in both the active Safe Drinking Water Act (SDWA) judicial review proceedings.
Lead and Copper
In the U.S. District of Columbia Court of Appeals, Case No. 24-1376, in which AWWA sought review of the Lead and Copper Rule Improvements rulemaking, EPA filed its respondent’s brief. In its brief, EPA defends its view that “access” affords water systems “control” of lead service lines sufficient to allow identification and replacement. It also defends the rule’s cost analysis and feasibility. AWWA’s filings are available on https://www.awwa.org/resource/lead/.
PFAS
The water association petitioners and industry petitioners filed reply briefs reinforcing earlier arguments and responding to EPA’s respondent’s brief in Case No. 24-1188, the judicial review of the PFAS drinking water standard. This case is also before the D.C. Circuit Court of Appeals. The court is also considering a motion from the Department of Justice to sever and hold in abeyance “challenges to the Index PFAS regulatory determinations and regulations and hold those claims in abeyance while EPA’s rulemaking in which it has proposed to rescind those actions proceeds.”
EPA cites the proposed rule described in the above section.
AWWA and AMWA submit comments on EPA’s Fluoride Assessment Plan
On Feb. 26, AWWA and the Association of Metropolitan Water Agencies (AMWA) submitted a joint comment letter in response to EPA’s Preliminary Assessment Plan and Literature Survey. The assessment plan serves as the first step in EPA’s development of a human health toxicity assessment for fluoride. The joint letter advocates for a holistic risk assessment of fluoride across various sources of exposure and for EPA to conduct an independent systematic literature of studies, rather than relying on the findings of existing assessments such as the National Toxicology Program’s (NTP’s) fluoride monograph. As EPA’s future toxicity assessment for fluoride will inform potential revisions to the existing fluoride standard under the SDWA, the letter also discusses the feasibility and cost challenges that further reducing fluoride concentrations in drinking water may present, especially for small groundwater systems with naturally occurring fluoride.
House subcommittee holds hearing on drinking water issues
The U.S. House Subcommittee on Environment held a hearing this week titled “From Source to Tap: Challenges and Opportunities for Safe, Reliable, and Affordable Drinking Water,” which focused on themes like SDWA implementation, federal infrastructure funding, and cybersecurity risks to water systems.
Members of the subcommittee asked witnesses about regulatory burdens, affordability and workforce challenges, cybersecurity risks, and the importance of funds provided under the Infrastructure Investment and Jobs Act. Witnesses from Northern Kentucky Water District and the Russellville Water and Sewer Board stressed the importance of continued funding for water infrastructure, access to technical assistance, and liability protections for water systems managing and disposing of PFAS.
New Farm Bill includes source water protection
The U.S. House Agriculture Committee’s Chairman Glenn Thompson has introduced H.R. 7567, The Farm, Food, and National Security Act of 2026. The Farm Bill has typically been a five-year legislative effort to provide nutrition, agriculture, forestry, and conservation direction to the U.S. Department of Agriculture. It was due to be reauthorized in 2023 but has been operating under a series of extensions as Congress has been unable to reach agreement.
The newly introduced bill maintains existing source water protection provisions that AWWA secured in 2018, including a 10% set aside of conservation funding for source water protection. Additionally, the bill requires the Natural Resources Conservation Service (NRCS) to designate source water protection contacts in every state, report how source water protection is achieved in conservation programs and maintain a public map on priority source water watersheds. The bill is scheduled to be marked up in the House on March 3. However, the outcome of the markup, timing of advancement to the floor, and how the bill will be received in the Senate is unclear.
Town hall on cyber incident reporting regulation
The Cybersecurity and Infrastructure Security Agency (CISA) scheduled a series of town hall meetings in March to hear from stakeholders in different sectors on potential changes to its upcoming mandatory incident reporting rulemaking. A virtual session for the water and wastewater sector is planned for March 9. Online registration is required at least two business days prior to the town hall; register at https://www.cisa.gov/circia.
The CIRICA town halls are subject to the reopening of the Department of Homeland Security (DHS), which is currently shut down because of a lapse of government funding. Registered attendees will be notified via email if town hall meetings are rescheduled.
CISA issued a proposed rule April 4, 2024, to support implementation of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), which requires “covered entities” to report “covered cyber incidents” and “ransom payments” to CISA. As originally proposed, drinking water and wastewater systems that serve 3,330 or more people are defined as being “covered entities.” However, the statute states that that CISA may not enforce the CIRCIA reporting requirements against “a State, local, Tribal, or territorial government entity” (§6 U.S.C. 681d(f)), which creates confusion about reporting obligations.
Comment periods underway for RMP and CWA response plan rules
Comments must be received on or before April 10 on EPA’s proposed rule, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Common Sense Approach to Chemical Accident Prevention. The proposed rule would make changes to the Safer Communities by Chemical Accident Prevention (SCCAP) rule finalized in 2024. This proposal does have implications for water systems with chlorine gas, ammonia, or sulfur dioxide in regulated quantities on-site as it speaks to disclosure of information, third-party audits, employee participation in emergency planning, as well as emergency responder engagement.
Comments are due for the Clean Water Act Hazardous Substance Facility Response Plans; Amendment Reconsideration advanced notice of proposed rulemaking (ANPR) by March 20. This ANPR is intended to inform changes to the 2024 Clean Water Act Hazardous Substance Facility Response Plans rule with an eye toward easing implementation burden. The 2024 rulemaking stemmed from litigation that called into question EPA failing to meet a long-standing statutory obligation to set response plan requirements for worst case discharges of CWA hazardous substances.