EPA released a draft “interpretive memorandum” outlining the electronic delivery methods it has identified as meeting the requirements to “mail or otherwise directly deliver” Consumer Confidence Reports (CCRs) to drinking water utility customers. The draft interpretation of electronic delivery options stems from EPA's Retrospective Review of Existing Regulations, a process initiated by the Obama Administration last year to encourage federal agencies to periodically review, streamline, and modify existing regulations to reduce burdens and increase efficiency.
EPA's draft language reflects AMWA's and utilities’ core position that community water systems should be afforded wide flexibility in choosing efficient CCR delivery methods. In particular, the EPA draft recognizes that providing a direct URL link to an online CCR on a customer billing statement or postcard mailing should fulfill the "direct delivery" requirements of EPA's CCR rule. This mirrors points made through AMWA's advocacy in favor of the CCR legislation on Capitol Hill, as well as previous comments submitted to EPA on the retrospective review process.
AMWA provided comments at an October 1 public listening session, during which EPA solicited feedback and conducted a facilitated discussion of its draft interpretive memorandum. The listening session saw strong participation from the drinking water community, all providing comment in favor of the flexibility outlined in EPA’s draft recommendations. Following the listening session, AMWA submitted additional clarifying comments on the draft memorandum and encouraging that all options remain in the final CCR interpretive memorandum. Copies of AMWA’s oral testimony and the additional comments submitted on the memorandum are available at:http://www.amwa.net/cs/members_only/regulatory_committee_notes.
EPA is expected to issue its final interpretive memo on the electronic delivery options it finds acceptable under the existing CCR regulation by the end of the year, and utilities should be able to begin implementation of changes for the 2013 distribution cycle. Additional information on the CCR retrospective review process, including a link to the EPA’s draft interpretive memorandum is available at:http://water.epa.gov/lawsregs/rulesregs/sdwa/ccr/ regulations.cfm.