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Proposed Rules and Regulatory Actions

Long-Term Revisions to the Lead and Copper Rule (under development by EPA)

Revisions to the Lead and Copper Rule are under development by EPA. Issues to be addressed in these revisions include:

  • Lead service line replacement, partial, or otherwise.
  • How to determine when corrosion control is optimized; specifically the acceptable ranges for water quality parameters.
  • Sample site selection criteria.
  • Sampling issues, such as the potential removal of aerators and the acceptable stagnation period.

Amending the Waterworks Regulations (12VAC5-590).

Revised Total Coliform Rule (RTCR)
The RTCR will be incorporated into the Waterworks Regulations through a separate “exempt” regulatory action, pursuant to § 2.2-4002 or § 2.2-4006 of the Virginia Administrative Process Act (APA). An “Exempt Action Final Regulation Agency Background Document” will be posted on Town Hall with the final Waterworks Regulations, which incorporate the RTCR. ODW plans to have this completed by the end of the 2015. (Note that the EPA must review and approve these proposed revisions incorporating the RTCR.)

Comprehensive Amendments
The adoption of comprehensive amendments to the Waterworks Regulations will proceed after the RTCR regulations are adopted. This procedure will follow the "standard" regulatory action pursuant to § 2.2-4007 to § 2.2-4017 of the APA. It consists of 3 basic steps:

  1. Notice of Intended Regulatory Action (NOIRA) is published in The Virginia Register of Regulations, followed by a 30 day public comment period;
  2. Proposed regulation is drafted after considering public comments and stakeholder input, reviewed and approved by the Executive branch, Board of Health, and published in the Register along with an economic impact analysis, followed by a 60 day public comment period;
  3. Final regulation is drafted after considering public comments, reviewed by the Executive branch, reviewed and approved by the Board of Health and Governor, and published in the Register.

For more information on regulations and the adoption process, visit the Virginia Regulatory Town Hall at:

[October 20, 2014]

EPA Makes Preliminary Determination to Regulate Strontium in Drinking Water

WASHINGTON – The U.S. Environmental Protection Agency has made a preliminary determination to regulate strontium in the nation's drinking water. Strontium is a naturally occurring element that, at elevated levels, can impact bone strength in people who do not consume enough calcium.

A regulatory determination is a formal decision on whether EPA should initiate a rulemaking process to regulate a specific contaminant. The Safe Drinking Water Act requires that every five years, EPA develop a contaminant candidate list and then make a regulatory determination for at least five contaminants on the list.

Based on available information, the agency has initially determined that strontium has adverse health effects. Strontium replaces calcium in bone, affecting skeletal development. Although strontium affects all life stages, infants, children, and adolescents are of particular concern because their bones are developing. Strontium has been detected in 99 percent of public water systems and at levels of concern in 7 percent of public water systems in the country.

Four other contaminants (dimethoate, 1,3dinitrobenzene, terbufos, and terbufos sulfone) are either not found, or are found at low levels of occurrence in public water systems, thus requiring no regulation at this time.

These determinations are preliminary. EPA will evaluate public feedback following a 60-day public comment period and determine whether to issue a final determination to regulate strontium. If EPA makes such a determination, the Agency will begin the process of developing a proposed rule, with hopes of publishing the final regulatory determinations in 2015.

For more information, please visit:

Robert Daguillard,, 202-564-6618


Last Updated: 04-13-2015

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