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.
