As of 12 January 2017
ACTIONS IN CLOSING DAYS BY OBAMA ADMINISTRATION
In the closing days of the Obama administration a number of federal actions were released to the public.
Some are final actions and others are precursors to future federal direction to water systems.
Action
Date
Drinking Water Regulations
Implementation of
13 Oct
the Lead and
2016
Copper Rule
Provisions
Fourth Unregulated 20 Dec
Contaminant
2016
Monitoring Rule
Use of Lead Free
Pipes, Fittings,
Fixtures, Solder and
Flux for Drinking
Water
Water Supply
Use of U.S. Army
Corps of Engineers
Reservoir Projects
for Domestic,
Municipal &
Industrial Water
Supply
Best Practices for
Water Conservation
and Efficiency as an
Alternative for
Water Supply
Expansion
Drinking Water
Protective Action
Guide
Status
Implications
Guidance
Selection of Lead and Copper Rule compliance
monitoring sites.
Final Rule
This rule identifies 30 chemical contaminants,
including nine cyanotoxins and one cyanotoxin group;
two metals; eight pesticides and one pesticide
manufacturing byproduct; three brominated
haloacetic acid disinfection byproduct groups; three
alcohols; and three semivolatile organic chemicals.
Monitoring begins January 1, 2018.
Implementing Reduction of Lead in Drinking Water Act
of 2011 (RLDWA) and the Community Fire Safety Act
of 2013 to prohibit the use and introduction into
commerce of plumbing products for use in potable
water systems that are not lead free.
5 Jan
2017
Proposed
Rule (prepublication
release)
16 Dec
2016
Proposed
Rule
Explain and improve Army Corps interpretations and
practices under Section 6 of the Flood Control Act of
1944 and the Water Supply Act of 1958 for governing
the use of its reservoir projects for domestic,
municipal and industrial water supply.
22 Dec
2016
Report
11 Jan
2017
Guidance
Document describes water conservation and efficiency
best practices for evaluating water supply projects.
Report is intended to inform assessment of the
potential for water conservation and efficiency savings
to minimize the need for new water supply
development.
The Protective Action Guide (PAG) manual contains
radiation given off as either particles or rays. dose
guidelines that would trigger public safety measures,
such as evacuation or staying indoors, to minimize or
prevent radiation exposure during an emergency. EPA
developed Protective Action Guides to help
responders plan for radiation emergencies. The PAG
Manual is a planning guide for emergency responders,
and does not change federal, state or local
environmental standards. The PAG guidelines are only
1
Action
Date
SDWA Future Direction
Lead and Copper
26 Oct
Rule Revisions
2016
White Paper
Drinking Water
30 Nov
Action Plan
2016
Status
Report
Report
Implications
for use during a large-scale emergency, when
radiation levels could be high enough to cause health
effects unless public safety measures are taken.
Paper highlights challenges, potential benefits, and
analytical issues present in regulatory option analysis
for revision of the Lead and Copper Rule.
EPA released a plan intended to urge collaborative
action by government, utilities, and other
stakeholders to increase the safety and reliability of
drinking water.
CCL 4 includes 97 chemicals or chemical groups and 12
microbial contaminants, which EPA has identified as
warranting evaluation for regulating.
Drinking Water
Contaminant
Candidate
List 4
Third Review of
Existing Drinking
Water Standards
17 Nov
2016
Notice of
Final List
11 Jan
2017
Notice of
Proposed
Action
Draft Modeling
Approaches For
Setting Healthbased Benchmarks
for Lead in Drinking
Water
12 Jan
2017
Notice
(prepublication
release)
15 Dec
2016
Final Rule
(prepublication
release)
Notice
Rule updates the list of approved methods for
compliance monitoring under the Clean Water Act and
modifies the procedures for determining the adequacy
of methods for approval.
Draft recommended concentrations for Microcystins
and Cylindrospermopsin in recreational water
protective of human health while swimming or
engaged in other activities on the water.
Notice
A technical report on the potential effects of flow
alteration on aquatic life; examples of narrative
criteria to support the natural flow regime and
maintain healthy aquatic biota; and a framework to
SDWA Lead Free
Plumbing Products
Clean Water
Clean Water Act
Methods Update
Rule for the Analysis
of Effluent
Human Health
Recreational
Ambient Water
Criteria and/or
Swimming
Advisories for
Microcystins and
Cylindrospermopsin
EPA-USGS Technical
Report: Protecting
Aquatic Life from
19 Dec
2016
21 Dec
2016
Every six years EPA reviews existing national primary
drinking water regulations to determine which, if any,
need to be revised. Highlights revision of disinfection
practice and disinfection byproduct management as a
priority work area.
EPA is conducting a peer review and gathering
scientific input on the use of draft modeling
approaches for developing health-based benchmarks
for lead in drinking water. EPA will consider the
specific role for a health-based value in the proposed
revisions to the LCR after the peer review of the
modeling effort has been completed.
2
Action
Effects of Hydrologic
Alteration
Draft Field-Based
Methods for
Developing Aquatic
Life Criteria for
Specific
Conductivity
Summary of
Literature on the
Chemical Toxicity
for Plastics Pollution
to Aquatic Life and
Aquatic-Dependent
Wildlife
Funding
Credit Assistance for
Water
Infrastructure
Projects
Fees for Water
Infrastructure
Project Applications
Under WIFIA
Notice of Funding
Availability for
Applications for
Credit Assistance
Under WIFIA
Program
All Utilities
Accidental Release
Prevention
Requirements for
the Risk
Management
Programs
Date
Status
Implications
quantify targets for flow regime components
protective of aquatic life.
Draft report provides methods or states to use to
develop water quality criteria for specific conductivity.
23 Dec
2016
Notice
Dec
2016
Report
EPA’s assessment of the best available science for
plastics pollution in water.
6 Dec
2016
Interim
Final Rule
6 Dec
2016
Proposed
Rule
Rule establishes guidelines for the Water
Infrastructure Finance and Innovation Act program
and the process EPA will use to administer credit
assistance.
Rule proposes to establish fees related to the
provision of federal credit assistance under WIFIA.
10 Jan
2017
Notice
EPA announced two rounds for collecting Letters of
Interest from utilities interested in loans under WIFIA.
Letters are being accepted January 10 – April 10, 2017
and from August 1 – September 29, 2017.
21 Dec
2016
Final Rule
(prepublication
release)
Rule requires greater coordination between facility
staff and local emergency responders including regular
exercises. Information distribution is increased on a
need to know basis. Root cause analysis is required in
investigations of catastrophic releases and near miss
events. The definition of catastrophic release is an
event that “present(s an) imminent and substantial
endangerment to public health and the environment.”
Protecting Drinking Water Supplies
Geologic
20 Dec
Final
Sequestration of
2017
Guidance
Carbon DioxideUnderground
Injection Control
Program Class VI
Guidance for Class VI permit applicants, owners, and
operators in complying with UIC program
requirements.
3
Action
Well Plugging, PostInjection Site Care
and Site Closure
Guidance
TSCA Prioritization
Rule
Date
Status
17 Jan
2017
Proposed
Rule
Implications
One of the key features of the Toxic Substances
Control Act revision is the requirement that EPA now
systematically prioritize and assess existing chemical
substances, and manage identified risks. “Storage …
near significant sources of drinking water” is a criteria
EPA is required to consider when prioritizing chemicals
for review.
4