As we enter the summer months and the regulatory process commences its seasonal slowdown, a few rulemakings appear to be at the forefront for continued movement. The Revised Total Coliform Rule (RTCR) is clearing its last big hurdle before finalization as the Office of Management and Budget (OMB) conducts its review of the final rule package. The final RTCR requirements are expected to closely follow the proposed version of the rule, which was based on the Agreement in Principle (AIP) developed by the Total Coliform Rule/Distribution System Advisory Committee convened under the Federal Advisory Committee Act. OMB officially started its review on May 29 and, assuming the review is completed within the typical 90-day review window, EPA could promulgate the RTCR as early as October of this year.
Although the final RTCR is expected to closely follow the AIP, it appears that a requirement for inspecting finished water storage facilities was also sent to OMB for review as a separate rule. A new listing in EPA’s Regulatory Development and Retrospective Review Tracker (http://yosemite.epa.gov/opei/rulegate.nsf/byRIN/2040-AF37) indicates that RTCR Finished Water Storage Facility Inspection Requirements were submitted to OMB along with the final RTCR package, but will be proposed separately—possibly concurrent with the final RTCR. To date, EPA has released very little information on potential finished water facility inspection requirements and stakeholders will likely have to wait until the proposal is published to get additional detail.
The other regulatory effort that will be making significant progress this summer is perchlorate. EPA announced the formation of a Science Advisory Board (SAB) panel to provide technical evaluation of potential approaches for deriving a maximum contaminant level goal (MCLG) for perchlorate. The potential approaches for setting a perchlorate MCLG the SAB panel will be considering are outlined in a draft EPA white paper: “Life Stage Considerations and Interpretation of Recent Epidemiological Evidence to Develop a Maximum Contaminant Level Goal for Perchlorate.” The approaches presented in the white paper appear to present potentially significant departures from methodologies typically used to establish MCLGs and warrant close scrutiny by the SAB.
The SAB panel is scheduled to hold discussions during a public meeting in Washington, D.C. on July 18 and 19 and a follow-up teleconference on September 25. Additional information on the SAB evaluation process for perchlorate, including links to Federal Register notices, panel determination memo, SAB charge and draft white paper, as well as logistical information for the upcoming meeting and teleconference, are available athttp://amwa.net/perchlorateSAB.