The America’s Water Infrastructure Act (AWIA) was signed into law in 2018. One section of the AWIA was titled “Improved Consumer Confidence Reports.” According to this section, within two years of the AWIA being signed into law (i.e., by October 2020), EPA was to adopt regulations for Consumer Confidence Reports (CCR) that do the following:
- Improve the “readability, clarity, and understandability” of CCRs,
- Improve the “accuracy of information presented, and risk communication” in CCRs,
- Provide information on corrosion control and lead Action Level exceedances, and
- Require public water systems serving over 10,000 people to deliver CCRs two times each year.
NDWAC CCR COMMITTEE FORMED
To provide guidance on these issues, EPA has formed a CCR Rule Revision Working Group under the National Drinking Water Advisory Council (NDWAC). Here is a copy of EPA’s Charge to the CCR Working Group (epa-charge-to-the-ndwac-on-consumer-confidence-report-rule-revision), which states EPA is seeking advice and recommendations on the following:
- Addressing accessibility challenges, including translating CCRs and meeting Americans with Disabilities Act (ADA) requirements.
- Advancing environmental justice and supporting underserved communities.
- Improving readability, understandability, clarity, and accuracy of information and risk communication of CCRs.
- CCR delivery manner and methods, including electronic delivery.
Last week the CCR Rule Revision Working Group held an orientation/planning meeting (agenda ndwac-ccr-working-group-agenda_session-1_0). The schedule for future meetings has not been posted (the agenda for last week’s meeting indicates a schedule of August through December for the Working Group). The Working Group will provide their recommendations for consideration by the full NDWAC which will then provide its recommendations to EPA. A copy of the CCR Working Group roster is here (ccr-rule-revision-working-group-roster).
In the August 4, 2021 Federal Register (WOTUS_Fed Reg_2021-08-04) the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (ACOE) announced a series of public meetings and roundtables as they develop a revised definition of “Waters of the United States” (WOTUS). Per the enclosed notice, there will be two rulemaking steps.
The first rulemaking is referred to as a “foundational rule” that will “restore longstanding protections.” The intent is to “restore the regulations defining WOTUS that were “were in place for decades until 2015, with updates to be consistent with relevant Supreme Court decisions.” The second rulemaking will build “on that regulatory foundation.”
During August 2021 EPA and the ACOE will hold public meetings (via webcast) to hear from interested stakeholders on their perspectives on defining WOTUS. The public meetings will be held on the following dates and times:
August 18, 2021, from 3 pm to 5 pm (ET)
August 23, 2021, from 1 pm to 3 pm (ET)
August 25, 2021, from 3 pm to 5 pm (ET) – this meeting is intended for “small entities”
August 26, 2021, from 6 p. to 8 pm (ET)
August 31, 2021, from 3 pm to 5 pm (ET)
The link below will take you to an EPA website where you can register for one of the public meetings.
According to the enclosed Federal Register notice, the agencies also plan to hold ten (10) roundtable sessions around the country. No details have been provided.
The agencies are also accepting written recommendations on the definition of WOTUS up to September 3, 2021. Written recommendations can be submitted to the public docket. You can access public docket at the following link,
and then enter the following: EPA-HQ-OW-2021-0328