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EPA/OW RIN: 2040-AF96 Publication ID: Fall 2023 
Title: Water System Restructuring Assessment Rule 

This rulemaking is mandated under the America's Water Infrastructure Act (AWIA), which became law on October 23, 2018. The AWIA requires EPA to promulgate implementing regulations for section 2010(a), which authorizes EPA and state primary enforcement authorities (primacy agencies) to mandate an assessment of restructuring options for a public water system (PWS) that repeatedly violates health-based standards, 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, and for which restructuring is both feasible and could result in greater compliance. The mandatory assessment requirements must be tailored to the water system's size, type, and other factors, and the assessment should not be overly burdensome on the assessed system. A PWS that completes a mandatory assessment is eligible for Drinking Water State Revolving Fund (DWSRF) funding to implement the restructuring activities identified in the assessment. The rulemaking will include provisions regarding enforcement relief for a noncompliant PWS that implements a state-approved restructuring plan and liability protection for a "non-responsible" PWS that, based on a completed, primacy-agency-approved restructuring assessment and restructuring plan, consolidates with, or acquires ownership of, an assessed PWS. The AWIA, Section 2009(a), also revises the scope 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 
CFR Citation: 40 CFR 142, subpart B     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 300g-3(h)(6), 42 U.S.C. 300(g)-2(a)(6), and 42 U.S.C. 300j-9(a)(1)   
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 
Action Date FR Cite
NPRM  12/00/2023 
Final Rule  09/00/2024 
Additional Information: .
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: No 
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