Regulatory Update At-A-Glance

A quick look at major water-related regulations under development at EPA.

Updated: 
July 29, 2017
Regulation: 
Carcinogenic Volatile Organic Compounds (VOCs)
Proposal: 
November 2018 (projected)
Final: 
May 2019 (projected)
Notes: 
On February 2, 2011, EPA announced plans to develop a single National Drinking Water Regulation (NPDWR) covering up to 16 carcinogenic VOCs. EPA is conducting evaluations and developing supporting materials to support a regulatory proposal.
Regulation: 
Definition of “Waters of the United States” (WOTUS)
Proposal: 
December 2017
Final: 
TBD
Notes: 
A February 28, 2017 Executive Order directs EPA and the Army Corps to review the Clean Water Act and make a proposal for rescinding or revising the Clean Water Rule (promulgated June 29, 2015). A proposal date for a plan to revise or replace the rule is scheduled for December 2017. Public comment for the re-codification of the rule ended on September 27, 2017. There are ten public hearings scheduled for fall 2017, nine are for specific sectors, including drinking water, and the tenth is open to the public at large.
Regulation: 
Lead and Copper Rule (LCR): Regulatory Revisions
Proposal: 
January 2018 (projected)
Final: 
July 2019 (projected)
Notes: 
EPA is developing proposed regulatory revisions and supporting materials taking into consideration recommendations of the National Drinking Water Advisory Council (NDWAC) and lessons learned from recent events in Flint, MI.
Regulation: 
Perchlorate
Proposal: 
October 31, 2018 (per consent decree)
Final: 
December 19, 2019 (per consent decree)
Notes: 
An October 18, 2016 consent decree set deadlines for EPA to propose and finalize a perchlorate drinking water regulation. On September 15, 2017, two concurrent public notices were issued within the Federal Register by EPA related to EPA’s decision making for perchlorate. The first, Peer Review Materials to Inform the Safe Drinking Water Act Decision Making on Perchlorate, asked for comments on EPA’s draft report on the Maximum Contaminant Level Goal for Perchlorate in Drinking Water. Comments must be submitted to EPA by October 30th. The second request, Interim List of Perchlorate in Drinking Water Expert Peer Reviewers and Draft Peer Review Charge Questions, asks for comments related to the selection of an expert panel to review materials related to EPA’s perchlorate decision making. The comment period for the second notice closed on October 6th.
Regulation: 
Finished Water Storage Facility Inspection Requirements Addendum to the Revised Total Coliform Rule
Proposal: 
December 2018 (projected)
Final: 
TBD
Notes: 
EPA is evaluating options for a potential regulation and/or additional guidance.
Regulation: 
Fourth Unregulated Contaminant Monitoring Rule (UCMR4)
Proposal: 
December 11, 2015
Final: 
December 20, 2016
Notes: 
The final UCMR4 was published in the Federal Register on December 20, 2016. Large drinking water facilities will start monitoring in 2018, followed by a selection of 800 smaller utilities in 2019.
Regulation: 
Strontium
Proposal: 
January 4, 2016 (announcement of delayed final deterimination)
Final: 
TBD
Notes: 
EPA issued a preliminary positive regulatory determination for strontium in drinking water on October 20, 2014. On January 4, 2016, EPA announced that it would be delaying a final regulatory determination for strontium pending further study. The projected timeline for making a final determination is unclear at this time.
Regulation: 
Regulations Implementing Section 1417 of the Safe Drinking Water Act: Prohibition on Use of Lead Pipes, Solder, and Flux
Proposal: 
January 17, 2017
Final: 
February 2018 (projected)
Notes: 
The proposed rule codifying requirements set forth in the 2011 Reduction of Lead in Drinking Water Act was published in the Federal Register on January 17, 2017. The comment period ended on May 17, 2017.