In today’s Federal Register the Environmental Protection Agency (EPA) published two separate Federal Register notices that delay the March 16, 2021 effective date and also propose to delay the compliance date of January 16, 2024 for the Revised Lead and Copper Rule (LCR). Copies of both Federal Register notices are here. (Fed Reg_RLCR Delay Eff and Comp Dates_2021-03-12 Fed Reg_RLCR Delay Eff Date_2021-03-12)
The first Federal Register notice delays the effective date of the Revised LCR from March 16, 2021 to June 17, 2021. This Federal Register notice states in part: “The sole purpose of this delay is to enable EPA to take public comment on a longer extension of the effective date for EPA to undertake its review of the rule in a deliberate and thorough manner consistent with the public health purposes of the Safe Drinking Water Act and the terms and objectives of recent Presidential directives and in consultation with affected stakeholders.” There is no public comment requested and this delay goes into effect today.
The second Federal Register notice proposes to delay both the new effective date and the compliance date of the Revised LCR. The second Federal Register notice proposes to extend the effective date from June 17, 2021 until December 16, 2021 and also proposes to delay the compliance deadline from January 16, 2024 to September 16, 2024. EPA is requesting public comment on this second notice. The public comment period is 30-days and comments are due by April 12, 2021.
Background: The final Revised LCR was published on January 15, 2021. On January 20, 2021 the Biden Administration issued a Regulatory Freeze to allow Federal agencies an opportunity to review recent regulations. These two Federal Register notices are intended to allow EPA time to continue its review of the Revised LCR and “conduct important consultations with affected parties.”