As we enter 2015, the bulk of EPA’s drinking water regulatory agenda looks much the same as it did at the same time last year. The nature and complexity of the science underpinning many recent regulatory efforts has required EPA to invest considerable time and resources to “getting the science right” before moving forward with any final decision making. This, of course, is the correct approach in compliance with the requirements of the Safe Drinking Water Act, but also results in regulatory development moving slower than we may have seen in the past. With that in mind, most activities on EPA’s agenda to start the new year are the same as last year, though farther along in the lengthy evaluation process. Ongoing efforts as we move into 2015 include:
- National Drinking Water Advisory Council (NDWAC) workgroup review of potential revisions to the Lead and Copper Rule (LCR) (see related item below)
- Finalization of the Definition of Waters of the United States Under the Clean Water Act (“Water of the U.S.” rule)
- Development of the fourth Unregulated Contaminant Monitoring Rule (UCMR4)
- Evaluation of harmful algal blooms (HABs) and associated algal toxins, including development of a health advisory, guidance and revised analytical methods
- Evaluation of revised modeling approaches to set a Maximum Contaminant Level Goal (MCLG) for Perchlorate in response to the final Science Advisory Board report on setting an MCLG
- Additional analyses and stakeholder consultations on carcinogenic volatile organic compounds
- Evaluation of the need for a Finished Water Storage Facility Inspection Requirements Addendum to the Revised Total Coliform Rule
- Development and release of the draft fourth contaminant candidate list (CCL4)
The most significant new effort on EPA’s agenda is the evaluation of strontium, for which a preliminary positive regulatory determination was released in October of last year. EPA will now be performing additional evaluations and working towards making a final regulatory determination in 2015.
Several efforts, including UCMR4, CCL4, Revised LCR and finished water storage tank inspection requirements, are projected to have rule proposals published in 2015. However, recent history tells us that one or more of these proposals are likely to slip into 2016.
In addition to the scientific/analytical processes slowing down regulatory development, political interference and other outside factors continue to play a prominent role in many delays. The most salient example of potential political interference is with the EPA/Army Corps of Engineers Waters of the U.S. rule, which is officially scheduled for final promulgation in April. The Waters of the U.S. rule has been a lightning rod for political attacks since its proposal last year, and the offensive is only expected to intensify with the recent Republican Congressional gains. Other regulations, even if not individually targeted, are likely to receive more intense scrutiny by regulators as the Republican-controlled House and Senate continue to call for more robust regulatory oversight across all EPA programs.
Outside events, such as the algal bloom and cyanotoxin contamination event experienced in Toledo, Ohio, also influence the relative pace of regulatory development. While harmful algal blooms and cyanotoxins have certainly been at the top of EPA’s list for increased action in recent years, events in Toledo shifted additional attention to the issue. Such attention often results in a re-prioritization of efforts and re-allocation of resources that impacts the pace other regulatory development efforts.
As always, there are many moving pieces to consider when looking ahead to potential regulatory action in 2015, and the most influential factor may very well be one that has not yet been considered. AMWA continues to closely monitor all the regulatory issues on the agenda, and will keep members advised on the latest developments.
Finally, be sure to join AMWA colleagues and staff at the 2015 Water Policy Conference to hear the latest developments on the regulatory agenda straight from the policy-makers and legislators themselves.