If your community is navigating infrastructure costs, affordability concerns, or compliance schedules under the Clean Water Act, EPA wants to hear from you.
The agency is accepting public comment on its Clean Water Act (CWA) Financial Capability Assessment (FCA) Guidance through May 26, 2026 – and the outcome of this process could directly affect how CWA requirements are applied to communities across the Upper Ohio River Basin.
What Is the FCA Guidance?
Financial capability is one of the key factors EPA considers when evaluating implementation schedules for long-term CWA control plans. The FCA Guidance – most recently updated in 2024 – outlines how EPA assesses a community’s financial capacity when negotiating compliance schedules under permits and enforcement actions. It also covers how economic impacts factor into water quality standards variances, antidegradation reviews, and decisions to revise designated uses.
In short, it’s the framework that determines how much flexibility a community gets when the cost of meeting CWA requirements is a real barrier.
What EPA Is Asking
EPA is specifically seeking input on:
- How to better measure the severity and prevalence of poverty in a community
- How to incorporate cost of living into financial assessments
- How to determine appropriate compliance schedule lengths
- How to apply the FCA when evaluating costs in water quality standards decisions
This is a meaningful opportunity for watershed organizations, municipal water authorities, and community advocates to weigh in on a process that shapes how water infrastructure investments get planned and prioritized.
How to Submit Comments
Comments are due May 26, 2026 and must be submitted through the Federal eRulemaking portal:
regulations.gov – Docket ID No. EPA-HQ-OW-2026-1090
Read the full EPA news release here: EPA Invites Public Feedback on Key Tool That Supports Water Affordability
About EPA’s Water Finance Center
EPA’s Water Finance Center is an information and assistance hub helping communities identify water infrastructure financing approaches that support public health and environmental goals.
