In response to President Obama’s Executive Order 13563, Improving Regulation and Regulatory Review (76 FR 3821), the Office of Management and Budget released in late May preliminary regulatory “look-back” plans for 30 federal agencies, including EPA.
EPA’s plan, identifies 31 regulatory reviews that will lead to “16 concrete actions in 2011.” The plan speaks to improved electronic reporting, improved transparency, innovative compliance approaches and systems approaches to solving environmental problems. The agency’s Drinking Water Strategy is highlighted as an integrated systems approach.
EPA’s early actions include improving cost estimates, an issue raised in AMWA’s comments to the agency. Other early actions include: clarifying permitting requirements for wet weather flows; working with USDA and states to foster resource conservation and water quality efforts by farmers and landowners; and coordinating NPDES permit requirements.
Many of EPA’s identified actions were already being planned, including longer term actions such as proposing revisions to the Lead and Copper Rule and addressing reporting requirements and water quality trading approaches under the Clean Water Act.
EPA also said that it would consider reviewing the Consumer Confidence Report Rule to improve communication effectiveness.
In its April 4 letter to EPA, AMWA urged the agency to look retrospectively across EPA and other federal agencies to consider whether regulations from other agencies on other industries may make it difficult for water utilities to provide a service to customers. Specifically, AMWA’s letter urged EPA to work with the Office of Surface Mining and Enforcement as well as the Pipeline and Hazardous Safety Administration within the Department of Transportation to consider the potential adverse impacts that rules from the two agencies have on water utilities.
EPA is accepting comments through June 27 on its preliminary review plan. The agency is specifically requesting comments on its plan for future reviews (Sections 4 and 5 of the plan).
The plans are online and are open for comment through June 27.