New Consumer Confidence Report Rules in 2027

Abstract

In May 2024, the US Environmental Protection Agency (EPA) issued the final Consumer Confidence Report (CCR) rule revisions. I wrote about them in detail in the September 2024 DC Beat. That story mentioned that the rules would go into effect in 2027. This means that all CCRs delivered on or after Jan. 1, 2027, are required to follow these new rules. That time is nearly upon us.

All water systems preparing CCRs should have in mind several specific requirements. As of this writing, EPA has published materials for primacy agencies as they prepare to administer the rule, but not guidance for water systems. The following provides an overview for water systems of key points of the regulation. Always check with your primacy agency in case its requirements differ. More changes will be on the way than could be discussed in detail here, such as updated definitions (40 CFR § 141.153(c)).

Systems that serve more than 10,000 people will need to provide their CCR twice per year (40 CFR § 141.155(j)). The first distribution of the CCR covering the entire prior year (e.g., issued before July 1, 2027, with 2026 data) is both the issuance and the first time providing the CCR to the public. The second distribution (late in the year) provides that same CCR to customers again. If there is a new violation or a new action level exceedance (from January 1 to June 30 of the current year) or are late-arriving unregulated contaminant monitoring rule data from the reporting year, that second distribution will need to include that information. The issuance and first delivery of the CCR still have a deadline of July 1, with the second delivery due by December 31. Those serving fewer than 10,000 people are required only to conduct the first distribution.

Electronic delivery is now permanent. For many years, CCR electronic delivery to customers has been possible because of a 2013 agency interpretation of the 1998 CCR rule requirement to “mail or otherwise directly deliver” the CCR. Electronic delivery is now firmly codified as part of the regulation (40 CFR § 141.155(a)). Certain digital distribution options also count toward the requirement to make good-faith efforts to reach non-bill-paying customers (40 CFR § 141.155(b)).

Translation and language assistance requirements are now included. Systems serving more than 100,000 people will be required to develop a plan and submit it to their primacy agency alongside their first CCR in 2027, covering how they will address communication with low-English-proficiency (LEP) customers (40 CFR § 141.155(i)). For all systems, the primacy agency is responsible for designating which systems have a large portion of LEP customers and therefore will need to provide support, possibly including translations of the CCR (40 CFR § 141.153(h)(3)).

CCRs need a summary section with specific items in it (40 CFR § 141.156). The summary must be prominent and at the beginning of the report, listing the following components: violations and compliance information; contact information, including how to get a paper copy of the report; and where to obtain language and translation assistance. Items in the summary do not need to be repeated elsewhere.

The timeline for certifying CCR delivery to the primacy agency is now 10 days (40 CFR § 141.155(c)). Water systems will now need to certify that the CCR has been delivered within 10 days of the delivery deadline. Previously this was three months, so make sure your processes are set up to make that certification promptly.

Occasionally, questions still remain about whether it is allowable to refer to water as “safe.” The 2023 CCR proposal included language that many, including AWWA, felt imposed an implicit ban by implying that referring to water as “safe” could be false or misleading. That language was not included in the final rule. Water systems should use their best judgment in how they describe water delivered to their customers, informed by any guidance from their primacy agency.

As water systems prepare to implement the updated rule, please keep these provisions in mind, review the rule in detail, and consult with your primacy agency to ensure your CCR will meet all requirements.