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EPA/OW RIN: 2040-AF96 Publication ID: Fall 2019 
Title: ●Water System Restructuring Rule 
Abstract:

This rulemaking is mandated under the America's Water Infrastructure Act (AWIA), which became law on October 23, 2018. The AWIA, section 2010(a), mandates the EPA promulgate, within 2 years of the date of enactment, a regulation that authorizes State primary enforcement authorities (primacy agencies) to require an assessment of restructuring options for a public water system (PWS) that frequently violates health-based standards and is unwilling or unable to take feasible corrective actions to return to compliance or that has unsuccessfully attempted feasible and affordable actions to return to compliance. The mandatory assessment must be tailored to the water system's size, type, and other factors and cannot be overly burdensome on the assessed system. The regulation also must describe the methods by which the primacy agency may offer liability protection to a "non-responsible" PWS, which, based on a completed, primacy-agency-approved consolidation assessment and consolidation plan, undertakes physical, administrative, or managerial consolidation with an assessed public water system. The AWIA, section 2009(a), also revises the definition of a consolidation plan under the Safe Drinking Water Act (SDWA), subsection 1414(h)(1), to include a contract for significant managerial or administrative functions of a public water system (PWS).

 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:
Action Source Description Date
Final  Statutory  AWIA Section 2010 mandates promulgation of regulation  10/23/2020 
Timetable:
Action Date FR Cite
NPRM  12/00/2019 
Final Rule  10/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Stephanie Flaharty
Environmental Protection Agency
Office of Water
4601M, 1200 Pennsylvania Avenue, NW,
Washington, DC 20460
Phone:202 564-5072
Email: flaharty.stephanie@epa.gov

Will Bowman
Environmental Protection Agency
Office of Water
Mail Code 4606M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-3782
Email: bowman.will@epa.gov