In the last couple of years, the U.S. EPA and state agencies have stepped up efforts to address lead in the nation’s drinking water. The latest revisions to the EPA’s Lead and Copper Rule (LCR) are set to go into effect on October 16, 2024. Yet, even before those revisions can be implemented, they may be superseded by the Lead and Copper Rule Improvements (LCRI) proposed by the EPA on November 30, 2023. In this article, we examine the LCR, the LCRI, as well as state efforts to control lead in the nation’s drinking water supply.
Note that although the regulation is called the Lead and Copper Rule, our primary focus in this article is on lead. That’s because the rules around copper in drinking water remain largely unchanged in the latest promulgated and proposed revisions.
How Lead Is Introduced into Drinking Water
Lead and copper are commonly introduced into drinking water through the corrosion of plumbing materials. The EPA estimates more than 9 million lead-based water service lines are still in use across the country. These lines connect individual residences and buildings to the water main.
Galvanized steel service lines were commonly installed in the U.S. during the first half of the 20th century. These pipes have a zinc coating designed to prevent rusting. While galvanized pipes themselves do not contain lead, lead particles can accumulate within the corrosive buildup in these pipes if they are or have ever been connected to lead pipes downstream. When water flows through galvanized pipes, it can release the built-up lead particles, leading to water contamination.
Corrosion of internal plumbing infrastructure can also introduce lead into drinking water, but addressing that challenge typically lies within the jurisdiction of state and local agencies rather than the U.S. EPA.
The Lead and Copper Rule Summarized
The LCR is a U.S. federal regulation promulgated in 1991 under the Safe Drinking Water Act (SDWA). Testing is and was at the core of the LCR. In its current form, Public Water Systems (PWS) are required to test regularly for lead and copper. Each PWS must provide a sampling pool representative of the different materials in their systems and use this pool to draw a randomly selected subset of sites for actual testing.
If more than 10% of tap water samples collected during any monitoring period exceed 15 parts per billion (ppb) for lead or 1.3 parts per million (ppm) for copper, the PWS must inform customers about the levels found, potential health effects, and steps they can take to reduce exposure. They must also take action to reduce levels below current limits. Typical actions include lowering pH levels to minimize corrosion in lead or copper pipes and replacing lead and GRR service lines.
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Lead and Copper Rule Revisions
The EPA has made several revisions to the LCR over the years. The last major revision was announced in December 2020 and published in the federal register in 2021 as the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions.
In this version, testing drinking water is still required, but there is a greater emphasis on replacing lead service lines. Under the LCRR, PWS must submit an inventory of these lead service lines by the October 16 deadline.
With the LCRR deadline right around the corner, many PWS we talk to are well on their way to meeting that goal. The LCRR also makes completing the inventory easier by allowing the PWS to specify as “unknown” service lines that have not yet been investigated. Interestingly, there is no limit on the number of unknowns that can be included in the inventory, but the EPA discourages water systems from marking all service lines as unknown.
The LCRR did not change the action levels for lead or copper, but it does introduce a trigger level of 10 ppb for lead. The trigger level requires the PWS to take action to prevent levels from exceeding the action level, but there is not a consumer communication requirement attached. That said, the trigger level may have caused some confusion, so as we’ll cover in the next section, the LCRI replaces the trigger level with a lower action level.
Last but not least, there is one area where the LCRR gets very granular in its sampling requirements. As outlined in Section 141.92, water systems must test for lead in drinking water in all elementary schools and childcare facilities served by the system. This sampling differs from that required for residential systems in that a 250 milliliter (mL) volume is required and sampling must occur after a stagnation period (the plumbing system must not be used) of eight to 18 hours. The only exemption from this rule is for facilities that were either were built or had their entire plumbing systems replaced after January 1, 2014. These requirements will remain in place even if the LCRI is finalized.
LCRI: A Wrinkle in the Timeline
As noted already, the EPA also has a proposed rule called the Lead and Copper Rule Improvements (LCRI), which it expects to finalize by October 16, 2024, the date the LCRR goes into effect. If this rule is passed, it will supersede the timeline and some of the specifics of the LCRR.
First, a couple important elements of the LCRR do not change with the LCRI. PWSs will still need to submit an inventory of service lines by October 16, 2024, and they will still need to notify customers with lead, GRR, or unknown service lines. Now, for what’s changed.
There are several technical changes in the LCRI that PWSs need to take note of. Most notably, the LCRI sets a goal of 100% replacement of lead and GRR service lines within 10 years. Under the LCRR, replacing service lines was one of the options for addressing elevated levels of lead in drinking water. Under the LCRI, it is mandatory with only a few exceptions. These exceptions appear to be less of an exemption from the requirement than an extension of the 10-year deadline. Furthermore, the LCRI requires PWSs to replace lead connectors. Connectors were not addressed in the LCRR.
Tap sampling requirements would also be more stringent. Under the LCRR, sampling can include taps served by non-lead or unknown service lines. Under the proposed LCRI, water systems would be required to collect first-liter and fifth-liter samples at sites with lead service lines and use the higher of the two values when determining compliance with the rule.
Finally, under the current LCRI, the action level for lead would be lowered from 15 ppb to 10 ppb. As mentioned above, the proposed LCRI also eliminates the LCRR’s trigger level to simplify the rule.
There are additional changes, many of them having to do with updating service line inventories, customer communications, and other documentation requirements. For more detailed coverage, please refer to the EPA’s LCRI Fact Sheet.
State Rules for Lead and Copper in Drinking Water
Like other National Primary Drinking Water Regulations (NPDWR), states are allowed to set their own limits and requirements, so long as they are not more lenient than those established by the U.S. EPA. States and communities are supported by $15B in funding made available through the Infrastructure Act and $11.7B of general Drinking Water State Revolving Funds that can also be used for lead service line replacement. An additional $26M was allocated to fund testing and lead remediation in schools and childcare facilities. More information on funding sources can be found on the EPA’s website.
State and local rules and restrictions can change rapidly, so we recommend consulting your state regulatory code for details. Our team works with PWS across the country, so feel free to reach out to us to discuss your specific state rules or to request a quote for testing services to help ensure compliance.