PFAS Rule and CCR Revisions: Update on Stakeholder Engagement on Rulemaking

In Spring 2024, EPA finalized the Per- and Polyfluoroalkyl Substances (PFAS) Rule and Consumer Confidence Report (CCR) Rule Revisions. The PFAs Rule will protect public health by requiring ongoing monitoring of “forever chemicals” beginning in 2027 and setting health-based limits starting in 2029. The CCR Rule Revisions modernize the content and delivery methods for all community systems and increases the frequency and accessibility of water quality reports for consumers served by larger systems beginning in 2027. 

In August 2024, the division launched a stakeholder engagement process in support of a rulemaking hearing before the Water Quality Control Commission to adopt these federal rules into the Colorado Primary Drinking Water Regulations (Regulation 11). Between August 2024 and January 2025, we held a total of seven stakeholder meetings and two workgroup meetings in support of the stakeholder process. We appreciate the significant contributions from water providers, environmental organizations, and members of the public. This collaboration is essential for developing effective and sustainable regulations that address the specific needs of our state.

Through the stakeholder process, we have:

• Developed Draft Regulatory Language: The feedback received from stakeholders has directly informed the development of draft language for the upcoming PFAS Rule and CCR Rule Revisions. 
• Created PFAS Rule Resources: To aid water providers in navigating the complex requirements, we have developed a PFAS Rule page with guidance and a frequently asked questions document, an initial monitoring compliance check worksheet to help understand the timing requirements for monitoring, and are in the process of developing tools to allow submission of UCMR 5 PFAS data for use in meeting initial monitoring requirements.
• Updated CCR Content: While most content changes under the CCR Rule Revisions are not required until 2027, there are a few changes to CCRs distributed in 2025 required under the Lead and Copper Rule Revisions. The division has updated CCR draft templates for 2025 to capture the language and content required to be included in CCRs.

Looking ahead, the next major milestone is the rulemaking process before the commission. This is a crucial stage where the commission will review the draft regulations, consider public input, and ultimately make a decision on whether to adopt these rules into Regulation 11.

Important Note: There has been some recent developments at the federal level. EPA has been granted abeyances by the DC Circuit Court concerning lawsuits regarding the federal PFAS Rule. These abeyances were granted to allow the new administration time to review the rule and the plaintiff’s petition to the Court. On May 14, 2025, EPA announced that it was considering delaying compliance with the PFAS standards but no specific mention was made about the testing requirements. We are actively monitoring this situation and will provide updates as they become available. None of this impacts the CCR rule. 

We recognize that navigating these regulations can be complex. Therefore, we are committed to keeping you informed throughout the process. We will provide updates on the rulemaking process and opportunities for public comment.

How to Stay Informed:

• Visit the Division's Engagement Website and sign up for notifications
• Attend Commission Meetings: Commission meetings are open to the public, and your participation is encouraged. For more information about upcoming meetings and hearings please visit the commission's website.

We believe that everyone plays a vital role in shaping water policy. By staying engaged, we can collectively work towards ensuring clean and safe drinking water for all Coloradans.

➽ Bryan Pilson Technical, Regulatory Implementation, and Coordination Unit Manager

Program Manger's Message: Draft CCR Rule Considerations

We recently published an article about the draft PFAS rule published by EPA in March 2023. EPA also published a draft rule in March 2023 to revise the Consumer Confidence Report (CCR) Rule. EPA was required to undertake this action when Congress passed and the President signed America’s Water Infrastructure Act (AWIA) of 2018. AWIA amended the Safe Drinking Water Act and required EPA to revise the CCR rule to:

• Increase the accuracy and readability of CCRs;
• Provide more information about lead;
• Require systems serving more than 10,000 people to provide CCRs twice per year; and,
• Allow for electronic CCR delivery.

EPA also decided to include a provision in the rule requiring states to provide direct compliance monitoring data to EPA as opposed to the current practice of reporting summary information and violations only. We are concerned about this provision leading to EPA micromanaging states with primacy and frequently questioning us about specific water systems that may have issues particularly with per- and polyfluorinated alkyl substances (PFAS) or lead or whatever contaminant may be perceived as a hot topic at the moment.

In reviewing the draft rule we identified some items of concern that the Association of State Drinking Water Administrators (ASDWA) highlighted in its comments on the draft rule. While EPA was certainly required by AWIA to increase the CCR frequency for large systems, specific provisions in the draft rule appear to require water systems to duplicate efforts and communications already undertaken when water systems provide information to the public as part of the Public Notice Rules. We hope EPA elects to reduce those duplicative activities. 

The draft CCR rule also placed a heavy emphasis on translating CCRs into alternate languages and requires states to assist water systems in this process. We support helping people get information they need in a language they best understand. We are happy to assist water systems in achieving this goal. However, we are concerned that the draft rule could be construed as requiring states to undertake translation services in some instances. We believe that EPA must take the lead in helping states and water systems with translation. But states should not be directly required to take on this task by EPA; doing so can create an inherent conflict of interest with states' oversight role. 

Although EPA was tasked in AWIA with improving readability, ASDWA still believes that some of the revised language, such as the nitrate and arsenic education statements, are reading at a 12th -14th -grade level, which is too high for the general public. To improve readability, EPA should simplify much of its new language to a lower reading level. 

EPA also had some concerning language in the draft rule about “misleading statements.” We agree that it is unacceptable for water systems to put misleading statements in CCRs that underplay the health risks from violation or similar circumstances. In Colorado, we review CCRs and require that misleading statements be corrected. However, EPA used an example of a misleading statement as characterizing the drinking water as “safe.” We have serious concerns about this example. Considering that the Maximum Contaminant Level Goals (MCLGs) for many contaminants are zero, we understand that many contaminants can impart a very low health risk even if below the MCL. However, we do not believe that stating the water is safe to drink when a system is in compliance is a misleading statement that must be corrected. 

The timeline for this proposed rule is also concerning. EPA plans to finalize this rule in 2024, and then have it go into effect in 2025. This is not enough time and very challenging from a feasibility standpoint. For most drinking water rules, states have two years to adopt the rule and then the compliance date is one year out from that. Specifically, this is not enough time for states to adopt the rule and attain primacy. This is also not enough time for states to develop the needed policies, guidance, and business processes to support implementation. This is not enough time for states and water systems to develop translation assistance efforts and materials needed. We hope that EPA takes a more reasonable approach to the timing of the final rule.

Lastly, this rule will also require new resources for the division to implement. Colorado has been able to implement several new rules the last decade involving disinfection, water haulers, storage tanks, backflow prevention and cross connection control, and the revised total coliform rule without adding program resources for implementation. However, with this CCR rule coming essentially at the same time as the Lead and Copper Rule Revisions (LCRR) and the PFAS rule, the division must obtain additional resources to support maintaining primacy into the future.  

As always, we will engage with stakeholders in developing the CCR rule for Colorado. We already have a very strong program with respect to public notice, the current CCR rule and translation, especially into Spanish. We will do our best to help water systems comply with the CCR rule considering our funding and resource levels. I advise you to learn about the new draft CCR rule and take steps to prepare your water system for it. 

Thank you,

➽ Ron Falco, P.E. Safe Drinking Water Program Manager

2021 Consumer Confidence Reports & Spanish CCR templates Available

Draft Consumer Confidence Reports (CCRs) for 2021 have been posted and are now available at the division's consumer confidence rule website. Also, the Colorado Department of Public Health and Environment (CDPHE) would like to announce the creation of the Spanish Consumer Confidence Report Template. (Please note that any additional content added to the template would need to be translated.) 

In the interest of public health and to achieve environmental justice, health equity, and climate justice for all communities, CDPHE recommends as a best practice that notifications to consumers are translated into the top two languages spoken in the community. There are multiple potential data sources for making this determination, including: 

• One easy-to-use source is the federal government’s Limited English Proficiency map, which makes data on the most frequently spoken languages in a community available by county. Spanish is the second-most frequently spoken language after English in all but one county in Colorado. In Dolores County, the second-most frequently spoken language is Navajo. 
• More granular data for areas smaller than the county level can also be downloaded from the American Community Survey. 

For systems supplying water to a large portion of Non-English speakers, Colorado’s Primary Drinking Water Regulations (Regulation 11) require that the  confidence reports must include either of the following: 

• (i) Information in the appropriate language(s) regarding the importance of the consumer confidence report.
• (ii) A telephone number or address where the consumer may contact the supplier to obtain a translated copy of the consumer confidence report or request assistance in the appropriate language.  

Currently, CDPHE has not specified a mechanism to determine when notifications must be provided in a language other than English. Historically this determination has been left to the regulated entity to determine the applicability of this requirement. All of the draft CCRs contain a statement in Spanish indicating that the notice contains important information and that the reader, if needed, should seek assistance in having the notice translated.    

The recommendation to provide information in the top two spoken languages in a community is not a regulatory requirement of Regulation 11. However, this standard is established in the State of Colorado's Environmental Justice Act - HOUSE BILL 21-1266, for certain types of information that the Air Quality Control Commission makes available to the public (please see C.R.S. 24-4-109(3)(b)(VI)).

CDPHE would also like to make you aware that the Environmental Justice Act created an Environmental Justice Action Task Force that will draft a plan and provide recommendations for environmental justice policies to the General Assembly, Governor’s Office, and CDPHE. You are welcome to provide feedback to the Environmental Justice Action Task Force. The Task Force has created four subcommittees, and the Best Practices for Community Engagement may benefit from your engagement on this topic. More information can be found on the department's environmental justice website, specifically under the EJ Unit newsletter banner and by clicking the “Environmental Justice Action Task Force” tab at the bottom of the page. You can also provide comments to the Task Force via email at any time by emailing "cdphe_ej@state.co.us" with "EJATF Comment" in the subject line of your email. 

➽ Jorge Delgado, Drinking Water Compliance Unit Manager

Coming Down the Pipe

It's that time of year! Consumer Confidence Reports are due

What is the Consumer Confidence Report?

Each year, all community public water system must distribute an annual consumer confidence report (CCR). The CCR provides information to water consumers about the quality of their drinking water and outlines any potential risks due to water quality or management of the drinking water supply. Water consumers can in turn make informed decisions to protect their health and the health of their family. 

Distribution and Reporting Deadline

• The annual CCR must be distributed to water consumers by June 30 each year.
• A sample copy of the CCR and the associated certificate of delivery form must be submitted to the department by June 30, 2020.

Tips for Successful Completion and Distribution of your CCR

• Review the department’s Consumer Confidence Rule page for CCR guidance, templates, and frequently asked questions (FAQ).
• Use the department-generated draft CCR on the Consumer Confidence Rule page. The department generates draft CCRs for each community water system in late-February to early-March each year. 
• Be sure to review all yellow highlighted text and add information to the highlighted sections, as applicable. CCRs that are missing information required to be filled in by the water system, including an explanation of violations and significant deficiencies, will be considered incomplete by the department. Systems may incur violations for late or incomplete reports. 
• If your system used purchased water last year, ensure all applicable water quality data from the wholesale system(s) is included with your CCR.
• If using the CCR to meet public notice requirements (I.e., for a drinking water violation), you must use a direct delivery method to distribute the CCR. Direct delivery includes hard copy delivery (mail or door-to-door) or direct electronic delivery that meets department approved guidance. 
• Distribute your CCRs early to avoid a late reporting violation.
• If you have any questions that are not answered on the CCR FAQ, please contact your drinking water compliance specialist.

➽ Haley Orahood, drinking water compliance assurance