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.

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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.