Lead and Copper Rule Revisions (LCRR) and Lead and Copper Rule Improvements (LCRI) by EPA
On December 16, 2021, EPA announced next steps to strengthen the regulatory framework on lead in drinking water. Following the agency’s review of the Lead and Copper Rule Revisions (LCRR) under Executive Order 13990, EPA has concluded that there are significant opportunities to improve the rule to support the overarching goal of proactively removing lead service lines and more equitably protecting public health.
In a Federal Register Notice, EPA announced that the LCRR will go into effect to support near-term development of actions to reduce lead in drinking water. At the same time, EPA will develop a new proposed rulemaking to strengthen key elements of the rule. The agency anticipates finalizing the forthcoming Lead and Copper Rule Improvements (LCRI) prior to October 16, 2024, the initial compliance date in the LCRR.
Per- and Polyfluoroalkyl Substances (PFAS) Strategic Roadmap by EPA
On October 18, 2021, EPA Administrator Michael S. Regan announced the Agency’s PFAS Strategic Roadmap—laying out a whole-of-agency approach to addressing PFAS, including the proposed development of maximum contaminant levels for some PFAS, including PFOA and PFOS.
The roadmap sets timelines by which EPA plans to take specific actions and commits to bolder new policies to safeguard public health, protect the environment, and hold polluters accountable. The actions described in the PFAS Roadmap each represent important and meaningful steps to safeguard communities from PFAS contamination. Cumulatively, these actions will build upon one another and lead to more enduring and protective solutions.
Please view EPA’s PFAS Strategic Roadmap and EPA Actions to Address PFAS webpages for additional information.
Amendments to Waterworks Operation Fee Regulations (12VAC5-600-20)
Waterworks Operation Fee Regulations are authorized through the Code of Virginia § 32.1-171.1. Waterworks operation fee required; special fund established; certain technical assistance program to be provided. This authority allows the Virginia Department of Health to charge a fee for technical assistance that the Office of Drinking Water provides to waterworks across the Commonwealth.
Revisions to the current regulations proposed include:
- Amend 12VAC5-600-20 to expand the purpose of the regulation to include TNCs, wholesale waterworks, fair distribution of the costs of the drinking water program among all beneficiaries, and considerations of equity and environmental justice as they relate to fees waterworks pay.
- Amend 12VAC5-600-50 to establish a minimum annual operation fee for all community waterworks, adjust the fee for each customer account, and adjust the schedule for charges and
payment of fees. - Amend 12VAC5-600-60 to adjust the NTNC operation fee and the schedule for payment of fees.
- Amend 12VAC5-600-90 to distinguish between wholesale waterworks and community waterworks that have service connections (which serve as the basis for their operation fees) and also sell or deliver water to another waterworks.
- Add a section that establishes an operation fee and schedule for payment of fees for TNC.
- Add a section that establishes an operation fee and schedule payment of fees for wholesale waterworks.
- Make other amendments as necessary to consider equity and environmental justice issues as they relate to the fees waterworks pay.
The Virginia Register published a Notice of Intended Regulatory Action on January 28, 2022 related to these amendments. The public comment period ended March 2, 2022. For additional information, please go to: https://townhall.virginia.gov/L/viewstage.cfm?stageid=9465
Amendments to Waterworks Regulations (12VAC5-590)
Revisions to the current regulations proposed include:
- Establish MCLs for PFOA, PFOS, chromium-6, and 1,4-dioxane
The Virginia Registrar published a Notice of Intended Regulatory Action. The public comment period ended March 16, 2022. For additional information, please go to: https://townhall.virginia.gov/L/viewstage.cfm?stageid=9508
HB 919 Maximum contaminant levels (MCLs) in water supplies and waterworks; Board of Health regulations.
Provides that the Board of Health shall review the recommendations of any work group convened by the Commissioner of Health after July 1, 2022, to study the occurrence of certain contaminants in public drinking water prior to adopting regulations establishing maximum contaminant levels (MCLs) in all water supplies and waterworks in the Commonwealth for (i) perfluorooctanoic acid, perfluorooctane sulfonate, and such other perfluoroalkyl and polyfluoroalkyl substances as the Board deems necessary, (ii) chromium-6, and (iii) 1,4-dioxane. The bill also provides the Commissioner the option of establishing a work group to study the occurrence of such contaminants and to report to the Governor and the Chairmen of the House Committees on Agriculture, Chesapeake and Natural Resources and Health, Welfare and Institutions and the Senate Committees on Agriculture, Conservation and Natural Resources and Education and Health by December 1, 2022.
For additional information, please go to: https://lis.virginia.gov/cgi-bin/legp604.exe?ses=221&typ=bil&val=hb919