AWWA reaffirms commitment to lead line replacement as EPA announces new rule

The U.S. Environmental Protection Agency (EPA) yesterday released its proposed Lead and Copper Rule Improvements (LCRI), which require complete lead service line removal across the United States in a 10-year timeframe.

AWWA has advocated for complete removal of lead service lines (LSLs) since 2016. “AWWA strongly supports EPA’s goal of removing all lead service lines as quickly as feasible from our communities, on both public and private property,” said AWWA CEO David LaFrance. “We are proud to lift up the examples of many members that have worked swiftly and effectively to address lead line replacement in their communities.”

The proposed rule substantially changes requirements from the 2021 Lead and Copper Rule Revisions (LCRR) rulemaking. Aside from the lead line replacement mandate, the LCRI also lowers the lead action level from 15 µg/L to 10 µg/L, changes sampling protocols, and requires continual lead service line inventory updates and replacement plans.

After the rule is published to the Federal Register next week, utilities, advocates and the general public will have 60 days to comment on it. EPA anticipates finalizing the LCRI before the LCRR compliance begins on Oct. 16, 2024.

Noting that the nationwide costs for replacing LSLs could top $90 billion and will come alongside many other critical utility investments, AWWA’s statement said that “it’s important to recognize that while some communities can move quickly to replace all lead service lines, others need longer time frames.”

“Some communities and their local partners will have to overcome barriers in order to accelerate lead service line replacement and meet EPA’s proposed timeline,” LaFrance said, pointing out challenges related to property rights, logistics and workforce constraints. “We hope EPA will work closely with state primacy agencies, AWWA, local governments, and water utilities to find workable pathways to overcome these barriers.”

Notably, EPA proposes revising the schedules for key elements of the LCRR, including delaying many of the elements of the LCRR until three years following final LCRI Federal Register publication. The notice reads:

“EPA is proposing a compliance date of three years after promulgation of a final rule and is proposing that systems continue to comply with the LCR until that date, with the exception of the LCRR initial LSL inventory, notification of service line material, associated reporting requirements, and the requirement for Tier 1 public notification for a lead action level exceedance under subpart Q.”

Proposed changes of note in the LCRI include:

1. The rule clarifies that lead connectors are not lead service lines for purposes of lead service line replacement requirements.
2. It adds lead connectors to lead service line inventory.
3. All lead service lines are to be fully replaced (including on customer property) within 10 years. Systems are expected to replace at least 10% of their lead service lines each year (3-year rolling average) with a maximum threshold of 10,000 annual service line replacements for systems with atypically high numbers of LSLs and GRR service lines.
4. The lead action level will be reduced to 10 µg/L from the current 15 µg/L.
5. Both first liter and fifth liter compliance monitoring samples will be analyzed for lead. Compliance calculations will incorporate the higher of the two observed lead concentrations.
6. If a water system has three or more lead action level exceedances within five years, the system must increase public education efforts and provide drinking water filters that remove lead to all consumers.
7. The rule clarifies verification of service line materials and updating of lead service line inventory.
8. It includes changes to the required components of the Lead Service Line Replacement Plan, including approach to determining replacement rate.
9. It proposes new standard of “reasonable effort” for attempting to engage customers in full lead service line replacement.

LaFrance praised the ongoing work in utilities that are striving to remove lead risks from their communities. 

“Communities nationwide are already working on many fronts to reduce the risk of lead getting into drinking water,” he said. “They are developing and sharing lead service line inventories, expanding testing in schools and child-care facilities, and communicating actively with consumers about lead. The daily progress builds on more than three decades of corrosion control measures and other risk reduction practices that have reduced lead exposure nationwide. We look forward to working together with EPA, states, and water systems across the country to refine and implement the Lead and Copper Rule for the good of present and future generations.”