On March 8, AMWA submitted comments in response to EPA’s January federalism consultation on revisions to the Lead and Copper Rule (LCR) that the agency is considering. Executive Order, EO 13132, requires the federal government consult with state and local officials, or the national organizations that represent them, when developing regulations and/or policy that would impose significant compliance costs on either local or state governments.
EPA invited AMWA and 17 other groups to a January 8 meeting to discuss the LCR revisions, including a presentation outlining key challenges and questions for the invitees to consider and discuss. Among the other invitees were representatives of state and local elected officials, regulators and water utilities including the National Governors Association, National Conference of State Legislatures, Environmental Council of the States, Association of State Drinking Water Administrators, and the American Water Works Association.
AMWA held multiple Regulatory Committee calls in order to develop a comprehensive letter that addressed each topic presented by EPA. The association commended the work EPA has done so far to decrease the risk of lead and copper to public health and noted that it supports EPA’s efforts on the important next step of revising the LCR. AMWA asked for flexibility in the implementation of lead service line replacements, inventories and corrosion control techniques, stating that each utility has unique needs and constraints that determine the feasibility and timelines for these components of the LCR.
EPA had updated the tentative timeline for the LCR revisions, with the draft to be released in August 2018 and the final rule in February 2020. However, at the consultation EPA did not give any guarantees on a timeline for a proposal.