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EPA/OW RIN: 2040-AF96 Publication ID: Fall 2024 
Title: Water System Restructuring Assessment Rule 
Abstract:

This rulemaking is mandated under the America's Water Infrastructure Act (AWIA), which became law on October 23, 2018. The AWIA requires the EPA to promulgate implementing regulations for section 2010(a), which authorizes the EPA and state primary enforcement authorities (primacy agencies) to mandate an assessment of restructuring options for a public water system (PWS) that repeatedly violates one or more health-based standards, is unwilling or unable to take feasible corrective actions to return to compliance, or 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. In 2019 and 2020, the EPA conducted public webinars and held informational meetings with national associations to inform the development of the proposal. In accordance with the EPA Policy on Consultation and Coordination with Indian Tribes, from October 4 through November 15, 2019, the EPA consulted with Tribal officials in the development of this action, including two national webinars for all federally recognized Indian Tribes. In 2022, the EPA held additional informational meetings with community-based organizations to inform the proposed rule. The proposed WSRAR was published in the Federal Register on May 30, 2024. The public comment period concluded on July 29, 2024.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 118   
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  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 
Final  Statutory  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 

Statement of Need:

The rule was mandated pursuant to the America’s Water Infrastructure Act of 2018 amendments to the Safe Drinking Water Act sections 1413 and 1414(h). The 2018 amendments to the Safe Drinking Water Act established significant new requirements and authorities that focus on PWSs, including disadvantaged or underserved PWSs, struggling with long-term compliance challenges. These new programs or requirements include the SDWA section 1459A Small Underserved and Disadvantaged Community grant program and the SDWA section 1459C Study on Intractable Water Systems. On May 30, 2024, the EPA published the “Proposed Water System Restructuring Assessment Rule” (89 FR 46998, May 30, 2024).

Summary of the Legal Basis:

The Safe Drinking Water Act 42 U.S.C. 300g-3(h)(6).

Alternatives:

TBD

Anticipated Costs and Benefits:

TBD

Risks:

TBD

Timetable:
Action Date FR Cite
NPRM  05/30/2024  89 FR 46998   
Final Rule  01/00/2025 
Additional Information: .
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: Yes 
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