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EPA/OW RIN: 2040-AF96 Publication ID: Spring 2020 
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 to promulgate, within two 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 how 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 PWS. 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 PWS.

 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously 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: 42 U.S.C. 300g-3(h)(6)   
Legal Deadline:
Action Source Description Date
Final  Statutory  The AWIA, section 2010, mandates that the EPA promulgate a regulation, per the SDWA, section 1414(h)(6), two years from date of enactment of the AWIA on October 23, 2018.  10/23/2020 

Overall Description of Deadline: 10/23/2020 - Final Rule - Statutory: The AWIA section 2010 mandates that the EPA promulgate a regulation per the SDWA section 1414(h)(6)

Timetable:
Action Date FR Cite
NPRM  01/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
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

Maria Lopez-Carbo
Environmental Protection Agency
Office of Water
Mail Code 4606M, 1200 Pennsylvania Ave NW,
Washington, DC 20460
Phone:202 564-4618
Email: lopez-carbo.maria@epa.gov