Navigating the Changes: Lead and Copper Rule
By: Taya Fontenette, Policy and Research Coordinator
The LCR of 1991
The Lead and Copper Rule (LCR) of 1991 represents a significant milestone in water quality legislation in the United States by taking action to mitigate lead and copper contamination in public drinking water systems. Before its introduction, lead in drinking water was allowed at levels as high as 50 parts per billion (ppb), with no established standard for copper. Lead and copper enter drinking water primarily through the corrosion of plumbing materials. Long-term exposure to these elements may cause health problems, particularly in vulnerable populations such as children and pregnant women. The rule’s core requirements for utilities included:
Source Water Assessment: Rule out the source water as a significant source of lead levels.
Corrosion Control: Optimize treatment systems to control corrosion in customers' plumbing and prevent lead and copper leaching.
Lead and Copper Testing: Determine tap water levels of lead and copper in the homes of customers who have lead service lines or lead-based solder in their plumbing system.
Action Levels and Public Awareness: Adhere to the new action levels of 15 ppb for lead and 1,300 ppb for copper and engage in public education when exceeded.
Exceeding these action levels in over 10% of sampled customer tapes doesn’t constitute a violation but triggers a series of additional requirements, including corrosion control treatments, public education efforts, and lead service line replacement initiatives. Since its enactment, there has been a reduction of over 90% in action level exceedances. Subsequent minor revisions occurred in 2000, 2004, and 2007, primarily addressing implementation details. In 2015, the EPA's Lead and Copper Rule Working Group published a report highlighting the LCR's deficiencies and suggesting improvements. They identified issues with the action level failing to protect against lead exposure, the slow lead service line replacement, and the overreliance on corrosion control for contamination reduction. The group noted the need to improve transparency and public outreach, including the creation of a national inventory of lead service lines. Now, after three decades, a second set of extensive revisions are underway for the rule, signaling a renewed commitment to improving the nation's drinking water quality, infrastructure, and monitoring protocols.
The LCR Revisions of 2021
In December 2020, during the Trump administration, the EPA released their substantial updates known as the Lead and Copper Rule Revisions (LCRR), building upon the original rule to further address lead contamination and prioritize the protection of children. These revisions went into effect on December 16, 2021, with a compliance deadline of October 16, 2024, allowing for a three-year grace period.
The LCRR introduced a series of revisions:
Lower Trigger Level: Establishes a lower trigger level of 10 ppb.
Public Inventory of Lead Service Lines: Water systems are now required to identify and publicize the locations of lead service lines.
Testing Requirements for Schools and Child Care Facilities: Mandates that community water systems test for lead in drinking water in schools and child care facilities, where children are at increased risk from lead exposure. The original rule did not have a federal requirement for such testing.
Timely Testing Notifications: Ensures that occupants of residences with lead levels over 15 ppb are notified within three days. For tap samples below 15 ppb, notifications will be sent within 30 days. In cases of systemwide action level exceedances, notifications are issued to all customers within 24 hours. Customers must be notified annually if they are served by a lead, GRR, or unknown service line.
Areas of Concern
While the Lead and Copper Rule Revisions addressed several deficiencies present in the original rule and outlined specific deliverables with deadlines for water utilities to adhere to, they also revealed significant shortcomings. The LCRR lacked a requirement for water utilities to bear the financial burden of lead service line replacement, potentially exacerbating disparities in replacement efforts, particularly in marginalized communities. Additionally, the LCRR did not explicitly ban partial lead service line replacements, which can lead to increased lead levels in drinking water over time. The revisions also lacked specific guidance on removing all lead connectors, such as pigtails and goosenecks, and failed to address galvanized pipes downstream of lead connectors. Most notably, the revisions did not mandate the comprehensive removal of all lead service lines across the country, thereby failing to eliminate the primary source of lead in drinking water.
Unfortunately, the regulatory focus on protecting children in educational settings fell short in several critical aspects. The rule stipulates that community water systems are only obligated to test 20% of elementary schools and 20% of childcare facilities on a 5-year cycle, with the option for these institutions to decline testing. Although secondary schools have the option to request testing, it is not mandatory, providing less protection for older children. This minimal monitoring approach, testing only 5 outlets in schools and 2 at childcare facilities, poses a risk of yielding misleading results, thereby compromising the health of students and staff. Notably, large buildings like schools, equipped with larger pipes that do not have lead service lines, face the potential infiltration of lead into drinking water through leaching—resulting from the dissolution of lead from pipes or fixtures. This infiltration may also manifest as flakes of small lead particles from fixtures, faucets, pipes, pipe fittings, and solder. Critically, the EPA's rule establishes a testing program without requiring remediation or necessitating these facilities to notify parents and faculty of action level exceedances.
These deficiencies prompted legal action, with Earthjustice, the Natural Resources Defense Council, and ten state attorneys general filing separate lawsuits. Among other arguments and concerns, the lawsuits invoked the anti-backsliding provision of the Safe Drinking Water Act, which mandates that every revision of the LCR must either maintain or enhance the protection of health. This collective effort ultimately prompted the EPA to announce that they would reevaluate and strengthen the rule.
The Proposed LCR Improvements of 2024
On November 30th, the EPA released the highly anticipated proposal for the Lead and Copper Rule Improvements (LCRI), building on the 2021 Revisions. The key highlights of the proposed rule are:
Complete Removal of Lead Service Lines:
Mandates full replacement of all lead and galvanized replacement service lines within 10 years, with limited exceptions.
Maintains LCRR requirements for mapping water lines but introduces new mandates for annual updates, validation, and replacement rates to the baseline inventory.
Requires water systems to offer pitcher filters or point-of-use devices after replacement or disturbance to lead or unknown lines.
Mandates water systems serving over 50,000 people to post service line inventory online for public access.
Improving Public Health:
Lowers the lead action level from 15 ppb to 10 ppb, removing the trigger level and requiring water systems to inform the public and take action to minimize lead exposure.
Enhances tap sampling by requiring the collection of both first and fifth liter samples at sites with lead service lines, using the higher value to determine compliance.
Strengthens service line outreach, consumer notification, and education after lead action level exceedances, affirming that there is no safe level of lead exposure.
Recommendations
Lower the action level to 5 ppb to better align with health-based scientific considerations.
Prohibit partial service line replacements to streamline the process and avoid disturbing the remaining lead lines.
Mandate utilities to cover the costs of full replacement, advocating for uniformity and renters' rights.
Implement enhanced regulations to safeguard children in educational facilities, extending to secondary schools.
Require utilities to perform consistent outreach to engage communities nationwide.
Establish a national service line inventory for transparency, accountability, and public access.
Navigating Challenges and Stakeholder Perspectives
The implementation of the Lead and Copper Rule Improvements (LCRI) brings with it both optimism and apprehension. As water systems grapple with multifaceted challenges, ranging from critical infrastructure upgrades to PFAS removal and emergency situations, the LCRI introduces ambitious goals that demand careful consideration. According to the American Water Works Association, the average cost of fully replacing a single lead service line exceeds $10,000, contributing to an estimated total cost of over $90 billion for replacing the 9.2 million lead lines estimated to exist nationwide. The Bipartisan Infrastructure Law provided unprecedented funding, including $15 billion directly for lead service line replacement and $11.7 billion in the Drinking Water State Revolving Funds, but the funding is limited. The Association of Metropolitan Water Agencies (AMWA) has consistently underscored various obstacles surrounding large-scale lead line abatement, including escalating costs, disruptions in the supply chain, workforce shortages, incomplete building records, and limited access to the private side of the service line. "AMWA urges the EPA to concentrate on equipping drinking water systems with the essential resources and tools needed to accomplish this ambitious goal and to actively work on eliminating the actual barriers faced by many utilities," states CEO Tom Dobbins.
The EPA estimates an annual cost of $2 billion to $3.6 billion for the LCRI proposal but emphasizes significant public health benefits ranging from nearly $10 billion to $34 billion per year. Furthermore, funding from the Infrastructure Investment and Jobs Act (IIJA) is poised to generate over 200,000 jobs and stimulate economic development. Yet, the financial and practical challenges confronted by water systems necessitate careful strategic planning and resource allocation.
To better understand the changes, view EPA’s LCRI comparison chart.
EPA 7th Drinking Water Infrastructure Needs Survey and Assessment. Louisiana Projected Service Lines (p. 65).
Impact on New Orleans
New Orleans, much like many older cities in the United States, grapples with a significant number of lead service lines. To align with the Lead and Copper Rule Revisions and ensure compliance, the city has embarked on an ambitious initiative to map these lead service lines. This collaborative effort is led by the Sewerage and Water Board in partnership with BlueConduit, a water analytics company specializing in machine learning technology.
One of the key outcomes of this endeavor is the creation of a public-facing dashboard known as the New Orleans Water Service Line Map. This innovative tool is scheduled to be unveiled by the fall of 2024. This innovative tool will empower residents by providing insights into the composition of their home water pipes, offering access to detailed pipe inspection information, and delivering resources to safeguard households against lead exposure risks.
To inform the public about these changes, The Water Collaborative has partnered with community organizations Total Community Action and Civic Studio for a public engagement initiative that encompasses education and community input. The ‘Get the Lead Out’ campaign is a collaborative effort with support from national environmental organizations such as WE ACT for Environmental Justice, the Natural Resources Defense Council (NRDC), and BlueConduit, offering policy guidance and technical support.
In September, the EPA reported to Congress that Louisiana is estimated to have 266,984 lead service lines, accounting for 2.91% of the national total. As the oldest public water system in the state, this stark revelation underscores the urgency for New Orleans to proactively map and address lead service lines, ensuring the health and well-being of its residents.
Conclusion
In conclusion, the Lead and Copper Rule, along with its subsequent revisions, has made significant strides in safeguarding public health by addressing lead contamination in drinking water. However, the shortcomings revealed by the Lead and Copper Rule Revisions call for immediate action. As we anticipate the implementation of the Lead and Copper Rule Improvements, we must underscore the EPA's commitment to comprehensive solutions, equitable financial responsibilities, and proactive measures. Navigating these essential changes requires unwavering dedication to the well-being of our communities and the protection of our most valuable resource: clean water.
Resources
Latest Updates
On November 30th, the Environmental Protection Agency released the highly anticipated proposal for the Lead and Copper Rule Improvements (LCRI), building on the 2021 LCR Revisions. The 60-day public comment period lasted until February 5, 2024. EPA anticipates finalizing the LCRI prior to October 16, 2024, the compliance date of the LCR Revisions.