Getting Ready For New Federal Rules
Colorado has not added any new or revised federal rules to the state’s Primary Drinking Water Regulations (Regulation 11) since the Revised Total Coliform Rule in 2016. That will change soon, though, as there are five new or revised federal rules on the horizon.
These include a new maximum contaminant level (MCL) for perchlorate, updates to the Lead and Copper Rule, an improved Consumer Confidence Report Rule, a new rule for consolidating drinking water systems, and a new PFAS rule that might set MCLs for some of these compounds.
What follows is a high-level overview of the expected changes, which we hope will help get ready for them.
Perchlorate Rule
The EPA probably will set an MCL for perchlorate and establish the necessary supporting provisions such as monitoring location and frequency, analytical methods, and compliance requirements. This rule was available for comment in the summer of 2019 and should be finalized in 2020 or 2021. States typically have two years to adopt a rule before initial monitoring begins, and the compliance date comes after that, probably in 2025.
Lead and Copper Rule
In October of 2019, the EPA proposed major updates to the Lead and Copper Rule, which has remained mostly unchanged since the 1990s. We expect substantial changes for lead service line inventory and removal, a new action level for lead, new sampling requirements, and new requirements such as corrosion control treatment if high levels are found. The EPA plans to finalize the rule in 2020.
Improved Consumer Confidence Report (CCR) Rule
America’s Water Infrastructure Act (AWIA), signed by President Trump in October 2018, requires the EPA to revise the old CCR rule to include bi-annual reporting in simplified language, with additional information on lead in tap water. The revisions must be issued by October 2020, so we expect implementation of the final rule in 2023 or 2024.
Consolidating drinking water systems
AWIA also requires the EPA to develop new rules allowing states to mandate assessments for consolidating or restructuring water systems that persistently violate health standards. This rule will also introduce financing incentives related to the Drinking Water State Revolving Fund (DWSRF). The timeline for these changes should be similar to the timeline for the improved CCR Rule.
PFAS Rule
We expect the EPA to make a regulatory determination regarding whether to establish MCLs for PFOA and PFOS late in 2019. Because these rules involve MCLs, their structure should be similar to the new perchlorate rule. There is a great deal of public and political interest in these contaminants, which could mean the rule will move faster than normal, putting it on a similar timetable to the perchlorate rule.
All of these rules could take effect in the early to mid-2020s. We will keep you updated on future developments in upcoming Aqua Talk posts.
➽ Ron Falco, safe drinking water program manager
