EPA Allows CCR Flexibility with Electronic Delivery Options

On Thursday, EPA’s Director of Ground Water and Drinking Water, Peter Grevatt, formally advised all Water Division Directors that the Agency has interpreted the “…current regulatory language to allow for electronic delivery of CCRs if the delivery will meet the regulatory requirement to ‘mail or otherwise directly deliver.'”  Please note, however, that electronic delivery does not replace existing delivery methods — it is an additional option that states can make available to their water systems.

This link http://water.epa.gov/lawsregs/rulesregs/sdwa/ccr/regulations.cfm will take you to EPA’s CCR web page which has both the memo and supporting documentation that includes more detailed information about how the Agency hopes these new flexibilities will be implemented as well as excellent examples of how water utilities may approach electronic delivery.  However, key messages are:

  • Electronic delivery must provide the CCR in a manner that is “direct.”  This can be by adding a URL and explanation to existing water bills or attaching a PDF version of the CCR to an email notification.  Any URL, however, must go directly to the complete CCR – customers cannot be redirected to another site to view any required CCR element.
  • Social media such as Twitter or Facebook do not meet the “directly deliver” definition since these both require Internet access and some type of subscription or membership.
  • Automated phone calls (such as reverse 911 types) do not meet “directly deliver” definitions because the entire CCR content cannot be provided in a phone call.
  • Should the water utility be aware of a customer’s inability to receive a CCR via electronic means, it must provide the CCR using an alternative means allowed by the rule.

Primacy agencies are not required to submit a primacy revision package to enable electronic delivery.  ASDWA encourages you to review the attached documentation in its entirety.  The examples and discussions of limitations are important considerations in how your state may decide to structure your program.

Please also remember that EPA is hosting a webinar on January 17, 2:00-4:00PM (eastern) to further discuss how best to embrace this new delivery option for CCRs.  If you you have not already done so, please register for this event at:  https://www3.gotomeeting.com/register/888824022