Lead and Copper Rule Improvements

Background

The federal government began regulating lead and copper pipes in 1991 when it announced its first version of the Lead and Copper Rule (LCR). The LCR’s primary purpose was to reduce the allowable lead concentration levels in drinking water, manage pipe corrosivity, and create sampling requirements for homes at high-risk for lead exposure through drinking water.

US EPA has updated the LCR several times since it was first enacted. The Lead and Copper Rule Revisions (LCRR) were promulgated on January 15, 2021. Then, on October 8, 2024, the US EPA published the Lead and Copper Rule Improvements (LCRI), which was promulgated on October 30, 2024, and becomes effective on December 30, 2024. The LCRI strengthens the LCRR’s protections and provides a more aggressive timeline for lead service line replacements.

Who Does the Rule Apply To?

The LCRI applies to public water systems. Public water systems include community water systems (CWS) and non-transient non-community water systems (NTNCWS). CWS are water systems that serve at least 15 water connections or 25 or more people for at least 60 days a year. NTNCWS are water systems that serve at least 25 people for at least six months a year, but not year-round, like a school.

Key Provisions

Lead Service Line Inventory. This requirement was first promulgated in the LCRR and retained by US EPA in the LCRI. It requires regulated water systems to complete initial inventories of their lead service lines and update those inventories regularly. The inventory must include all service lines connected to the public water distribution system regardless of ownership status. So, where service line ownership is shared, the inventory would consist of both system-owned and the customer-owned portions of the service line owned by the customer. Each service line, or portion of the service line where ownership is split, must be categorized as lead, galvanized requiring replacement (GRR), non-lead, or lead status unknown. Water systems must make their inventories publicly available. After completion of the inventory, water systems must notify customers served by a lead, GRR, or lead status unknown service line within 30 days and then annually until only non-lead service lines remain. The compliance date for the lead service line inventory was October 16, 2024.

The LCRI adds to the LCRR’s inventory requirements by requiring an updated service line inventory (the baseline inventory). A water system’s baseline inventory must update all information included in the initial inventory and include additional information regarding connector materials and locations. For any lead service lines categorized as non-lead, water systems must validate their methodology for making this determination within 7 years of the LCRI compliance date. The LCRI requires water systems to update these inventories annually and to provide notice to all customers currently served by lead, GRR, or lead status unknown service lines. The compliance date for the baseline inventory is November 1, 2027.

Lead Service Line Replacement. The LCRI requires the complete replacement of all lead and GRR service lines within 10 years, regardless of the system’s current lead levels. To accomplish this, it establishes a minimum average annual service line replacement rate of at least 10%.[1] This mandate applies to all lead and GRR service lines “under the control” of the water system, meaning any service line the water system has adequate legal or physical access to conduct a full-service line or lead connection replacement. The rule provides extensions for certain, larger water systems in limited circumstances. At the end of the second year of the program (2029), the State in which the water system is located in must determine if the water system is replacing its service lines at the “fastest feasible rate.” If it determines the water system is not, the State must set the fastest feasible rate for the system.

These replacements must be outlined in a replacement plan. Specifically, the replacement plan must detail a strategy to prioritize service line replacement, a strategy to inform customers and consumers about the plan and replacement program, and any legal requirements or water tariffs that will limit the water system’s ability to conduct a full-service line replacement. Replacement plans must be publicly available. The compliance date for development of the replacement plan is November 1, 2027.

Lead Action Level. The LCRI lowers the lead action level from 15 ppb (0.015 mg/L) to 10 ppb (0.010 mg/L) for the 90th percentile of all testing results,[2] but retains the LCRR’s public notification requirement within 24 hours of a lead exceedance. The LCRI also retained the LCRR’s copper action level of 1.3 mg/L.

When a lead exceedance occurs, the LCRI requires the water system to take certain actions to reduce lead exposure, such as re-optimizing  its lead corrosion control treatment (CCT). Water systems with multiple exceedances are required to continue adjusting treatment, conduct additional community outreach, and make filters certified to reduce lead available to all customers. However, in recognition that water systems may have trouble meeting the new lead action level even after re-optimizing their CCT, the LCRI provides flexibility and State discretion in determining future CCT requirements. The LCRI also removes the lead trigger level established in the LCRR to simplify the rule.  

Testing and Sampling. The LCRI requires more frequent and targeted testing than the LCRR and was modeled off of best practices in certain states making significant strides in lead pipe replacement initiatives. Specifically, it established a tiered monitoring system, with the frequency of monitoring depending on the water system’s lead and copper levels. The number of sampling locations required depends on the size of the water system. Further, the LCRI strengthened the sampling requirements in high-risk areas, such as service lines that serve schools and childcare facilities.

 The LCRI also alters the method of sampling. It mandates that water systems collect a first- and fifth-liter sample from sampling locations served by lead service lines and use the sample with the higher lead content in the 90th percentile calculation. The LCRR only required first-liter samples. Further, the LCRI prohibits water systems from including water samples taken after a lead service line replacement or water samples taken from the same site in its 90th percentile calculation. These prohibitions are in line with the LCRR’s prioritization of sampling at lead service line sites.

Public Education and Communication. LCRI emphasizes increased transparency and communication by requiring more proactive messaging about lead in drinking water. In addition to the public communication requirements discussed above, the LCRI also requires public notification for certain violations of the LCRI, including a failure by a water system to adhere to treatment protocols and water quality monitoring requirements. When a water system exceeds an action level prescribed by the LCRI, that system is required to provide public notice to all affected customers within 24 hours of learning of the exceedance. This is in line with the requirements contained in LCRR. This notice must include information about the exceedance and steps being taken to address the issue, potential health risks associated with the exceedance, and ways to reduce exposure. The water system must also provide public education materials to customers within 60 days after the end of the sampling period and continue to do so until the system is within action levels.

The LCRI also expands public education and communication by divorcing these requirements from specific lead levels. For example, it requires water systems to provide notice to consumers within 3 business days of receiving sampling results of a tap, regardless of lead or copper levels. Further, any customers served by lead, GRR, and unknown service lines have the option of requesting supplemental testing. Results from this testing are due back to the customers in 3 business days, as well.

Conclusion

The LCRI significantly strengthens the LCRR by lowering the lead action level, mandating lead service line replacement, increasing testing and sampling requirements, and emphasizing public education and communication. These changes aim to provide more comprehensive and effective protection against lead exposure in drinking water.

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^{[1] To determine the number of applicable service line replacements and, therefore, determine the required rate of replacement, calculate the sum of lead, GRR, and lead status unknown service lines and subtract non-lead service lines from that sum.}

^{[2] The 90th percentile calculation is a statistical method used to determine the level of lead in drinking water that 90% of the samples collected are below. It is the method US EPA utilizes in the LCRI to determine whether the level of lead in a water system’s water is within allowable limits.}