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EPA/OW RIN: 2040-AF15 Publication ID: Fall 2016 
Title: National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions 
Abstract:

Beginning in 2004, EPA conducted a wide-ranging review of implementation of the Lead and Copper Rule (LCR) to determine if there is a national problem related to elevated lead levels. EPA's comprehensive review consisted of several elements, including a series of workshops designed to solicit issues, comments, and suggestions from stakeholders on particular issues; a review of monitoring data to evaluate the effectiveness of the LCR; and a review of the LCR implementation by States and water utilities. As a result of this multi-part review, EPA identified seven targeted rules changes and EPA promulgated a set of short-term regulatory revisions and clarifications on October 10, 2007, to strengthen implementation of the existing Lead and Copper Rule. In developing the short-term revisions, EPA identified several regulatory changes to be considered as part of identifying more comprehensive changes to the rule. These considerations are longer-term in nature as they require additional data collection, research, analysis, and stakeholder involvement to support decisions. This action addresses the remaining regulatory revisions. EPA's goal for the LCR revisions is to improve the effectiveness of public health protections while maintaining a rule that can be effectively implemented by the 68,000 drinking water systems that are covered by the rule.

 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 141    40 CFR 142   
Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act   
Legal Deadline:  None

Statement of Need: Beginning in 2004, EPA conducted a wide-ranging review of implementation of the Lead and Copper Rule (LCR) to determine if there is a national problem related to elevated lead levels. EPA's comprehensive review consisted of several elements, including a series of workshops designed to solicit issues, comments, and suggestions from stakeholders on particular issues; a review of monitoring data to evaluate the effectiveness of the LCR; and a review of the LCR implementation by States and water utilities. As a result of this multi-part review, EPA identified seven targeted rules changes and EPA promulgated a set of short-term regulatory revisions and clarifications on October 10, 2007, to strengthen implementation of the existing Lead and Copper Rule. In developing the short-term revisions, EPA identified several regulatory changes to be considered as part of identifying more comprehensive changes to the rule. These considerations are longer-term in nature as they require additional data collection, research, analysis, and stakeholder involvement to support decisions. EPA's goal for the LCR revisions is to improve the effectiveness of public health protections while maintaining a rule that can be effectively implemented by the 68,000 drinking water systems that are covered by the rule.

Summary of the Legal Basis: The Safe Drinking Water Act (SDWA) (42 U.S.C. 300f et seq.) requires EPA to establish maximum contaminant level goals (MCLGs) and National Primary Drinking Water Regulations (NPDWRs) for contaminants that may have an adverse effect on the health of persons, may occur in public water systems at a frequency and level of public concern, and in the sole judgment of the Administrator, regulation of the contaminant would present a meaningful opportunity for health risk reduction for persons served by public water systems (section 1412(b)(1)(A)). The 1986 amendments to SDWA established a list of 83 contaminants for which EPA is to develop MCLGs and NPDWRs, which included lead and copper. The 1991 NPDWR for Lead and Copper (56 FR 26460, U.S. EPA, 1991a) fulfilled the requirements of the 1986 SDWA amendments with respect to lead and copper. EPA promulgated a set of short-term regulatory revisions and clarifications on October 10, 2007, to strengthen implementation of the existing Lead and Copper Rule. In developing the short-term revisions, EPA identified several regulatory changes to be considered as part of identifying more comprehensive changes to the rule. These considerations are longer-term in nature as they require additional data collection, research, analysis, and stakeholder involvement to support decisions. Changes will be made to improve the effectiveness of public health protections while maintaining a rule that can be effectively implemented.

Alternatives: To be determined.

Anticipated Costs and Benefits: To be determined.

Risks: To be determined.

Timetable:
Action Date FR Cite
NPRM  06/00/2017 
Final Rule  12/00/2018 
Additional Information: This action includes retrospective review under Executive Order 13563; see: http://www.epa.gov/regdarrt/retrospective/history.html.
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Information URL: http://water.epa.gov/lawsregs/rulesregs/sdwa/lcr/index.cfm  
RIN Data Printed in the FR: No 
Agency Contact:
Russ Perkinson
Environmental Protection Agency
Office of Water
Mail Code 4607M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-4901
Fax:202 564-3760
Email: perkinson.russ@epa.gov

Jerry Ellis
Environmental Protection Agency
Office of Water
Mail Code 4607M,
Washington, DC 20460
Phone:202 564-2766
Email: ellis.jerry@epa.gov