OMB Review of Final LCRR

On November 13, 2019 the Environmental Protection Agency (EPA) published for public comment the proposed Lead and Copper Rule Revisions (LCRR).  After receiving and reviewing public comments, in late July 2020 EPA submitted the final LCRR to the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) for their review.

According to information posted on OMB’s website, after receiving the final LCRR from EPA, OMB and EPA staff have had three meetings with outside groups: (1) the American Water Works Association, (2) public interest groups including Natural Resources Defense Council, Environmental Defense Fund, Clean Water Action and Earthjustice, and (3) New York University School of Law Institute for Policy Integrity.  No details are provided about the meetings.  The most recent meeting was held September 4, 2020.

The OMB website does not provide an update on the status of OIRA’s review nor information on an anticipated date for EPA to publish the final LCRR.

Link to OMB OIRA website on the LCRR:

https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=2040-AF15#

Background: The three meetings with outside groups are referred to as EO12866 meetings.  In September 1993 President Clinton signed Executive Order (EO) 12866.  Text from OMB’s FAQs states that EO12866: “….establishes and governs the process under which OIRA reviews agency draft and proposed final regulatory actions.”  Under EO12866 OIRA is required to keep a public log of any outside communications regarding a regulatory action under review.

 

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About Dan Askenaizer

Dr. Askenaizer leads WQTS’ work on regulatory compliance support for many of our water agencies clients. Dr. Askenaizer tracks water quality and treatment regulations at the Federal and State levels and provides regulatory updates to our clients. Dr. Askenaizer has strong expertise in the development of Regulatory Monitoring and Compliance Plans (RMCPs), which he has completed for a number of water agencies. He has also been working on a number of projects dealing with the development of distribution system monitoring plans and review of nitrification control strategies. Prior to joining WQTS, Dr. Askenaizer was the Water Quality Manager for the Glendale Water and Power. Under his leadership, the Water Quality Group conducted a demonstration-scale study of chlorite for nitrification control and a pilot-scale study of biological treatment for removal of nitrate. Dan has 30 years of experience working on projects dealing with regulatory, water quality and public health issues. Dan has given numerous presentations at workshops and round-tables across the country for water utilities. Dan was instrumental in developing and implementing a Mentoring Program for water staff and was involved in a Sustainable Development team.