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:

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.