The federal government released its updated regulatory agenda on May 9. The Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions updated many timelines for the development of several rulemakings by EPA and the Council on Environmental Quality of interest to AMWA members.
EPA has postponed the release of the proposal for the revised lead and copper rule until February 2019, with the final rule expected February 2020. The agency has also postponed the release of the definition of the waters of the U.S. (WOTUS) rule, which will replace the 2015 Clean Water Rule. The new WOTUS proposal is not scheduled for release until August 2018, with a final rule expected in September 2019.
Perchlorate’s timeline remains the same due to a consent decree requiring the agency to release a proposal by October 31, 2018 and a final rule by Dec 19, 2019. The proposed Update to the Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act, which is currently under review at OMB, and the newly released proposal for Strengthening Transparency in Regulatory Science are both new to the Unified Agenda and currently do not have timelines for final rules.
Another draft rule that has been postponed is the Effluent Limitations Guidelines and Standards (ELG) for the Steam Electric Power Generating Point Source Category. AMWA sent a letter with other water organizations supporting the 2015 rule as it would prevent many pollutants of concern to drinking water utilities, including bromides, arsenic, phosphorus and others, from getting into source waters. Administrator Pruitt decided to conduct a new rulemaking to potentially revise specific components for the 2015 rule. The new proposal is scheduled for December 2018.