Posts made in October 2021

Consent Decree with NRDC for CCR Regulations

In January 2021, the Natural Resources Defense Council (NRDC) sued the Environmental Protection Agency (EPA) for failure to meet the deadline to promulgate revised regulations for Consumer Confidence Reports (CCR).  See background discussion below.  In the October 27, 2021 Federal Register EPA announced the availability for public review and comment the Consent Decree with NRDC for publication of final revised CCR regulations.  EPA is requesting public comment on the Consent Decree by November 26, 2021.

According to the enclosed Consent Decree, EPA will publish the proposed CCR revisions by March 15, 2023 for public comment and publish the final CCR revisions by March 15, 2024.

Background

In October 2018, the federal America’s Water Infrastructure Act (AWIA, Senate Bill 3021) was signed into law.  The AWIA included a section 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 CCRs that do the following:

  • Improve the “readability, clarity, and understandability” of CCRs,
  • Improve the “accuracy of information presented, and risk communication” in CCRs,
  • Require public water systems serving over 10,000 people to deliver CCRs two times each year, and
  • Include language regarding corrosion control efforts.

Beginning in August 2021, a National Drinking Water Advisory Council (NDWAC) CCR working group was formed and began meeting to develop recommendations for  revising CCR regulations.  Earlier this month, the NDWAC CCR working group’s preliminary recommendations were presented and discussed with the full membership of the NDWAC.   The CCR working group is currently preparing its written report for delivery to the NDWAC, anticipated in mid-to-late November, for the NDWAC’s consideration in developing recommendations from the NDWAC to EPA.

CCR Working Group to Present Recommendations

On October 12, 2021 from 10:30 am to 2:30 pm (ET) the National Drinking Water Advisory Council (NDWAC) Consumer Confidence Report (CCR) Rule Revision Working Group is scheduled to present their recommendations for revisions to CCR requirements to the full NDWAC (see Federal Register announcement Fed Reg Announce_CCR Recommendations Presented to NDWAC).  Following this meeting, the next step would be for the full NDWAC to review the Working Group’s recommendations and determine what recommendations will be submitted to EPA.

 

Information on how to register to attend the October 12th virtual meeting has not yet been posted.

 

The CCR working group is continuing to meet to develop their recommendations, and the next meetings of the CCR Working Group are scheduled as follows:

  • September 23, from 2:30pm to 5pm ET

If needed, the Working Group may meet on September 30, 2021 from 2:30 pm to 5:00 pm (ET).

BACKGROUND

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.

To provide guidance on these issues, EPA formed the CCR Rule Revision Working Group under the NDWAC.   EPA is seeking advice and recommendations from the NDWAC 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.

 

CCR Working Group Meetings Sept 2021

The Environmental Protection Agency (EPA) published the scheduled dates and times for the next series of meetings of the National Drinking Water Advisory Council (NDWAC) Consumer Confidence Report (CCR) Rule Revision Working Group.  The schedule with links to register is presented below: