Posted by Stacy Silva on Monday, October 14, 2024
On October 8, 2024, EPA announced the final Lead and Copper Rule Improvements (LCRI), following EPA’s review and incorporation of public comments received on the proposed 2023 LCRI.
Here are the high-level takeaways*:
Lowering the Lead Action Level
- Lead trigger level removed and reduced the lead action level from 0.015 mg/L to 0.010 mg/L. If a water system exceeds the lead action level, it is required to inform the public, take actions associated with corrosion control treatment (CCT), and employ public education measures to reduce lead exposure.
- Tier 1 public notification for exceedance of the lead action level and copy of the Tier 1 public notification to the primacy agency and EPA no later than 24 hours after the system learns of the exceedance – effective October 16, 2024.
- Water systems with continually high lead levels will be required to conduct additional outreach and make filters, certified to reduce lead in drinking water, available to all consumers.
Tap Sampling
- Water systems are required to collect first- and fifth-liter tap samples at sites with lead service lines (LSLs) and use the higher of the two values when determining compliance.
Lead and Galvanized Requiring Replacement (GRR) Service Line (SL) Replacement
- Replace all lead and GRR under their control no later than 10 years after the compliance date.
- Lead connectors must be replaced where encountered during normal system operations and SL replacement unless the connector is not under the control of the system.
- Cumulative average annual rate of 10% unless subject to a shortened or deferred deadline.
- Cumulative average replacement rate is applied to the total number of unknown, lead, and GRR SLs in the baseline inventory minus the number of unknown SLs that have been determined to be non-lead since the baseline inventory.
- Systems needing to annually replace more than 39 SLs per 1,000 service connections are eligible for deferred deadlines longer than 10 years.
- Partial SL Replacements:
- If a system does not have access to conduct a full SL replacement, the system is not required to replace the line, but the system must 1) document the reasons why the system does not have access, 2) make a reasonable effort (at least 4 attempts) to engage property owners about full SL replacements, 3) offer full SL replacement at no direct cost to the customer wherever possible, and 4) report annually the total number of lead and GRR SLs not replaced because the system does not have access to conduct full replacement.
Compliance dates
- 3 years from promulgation of this final rule, optional 2-year extension per States (or EPA if it holds primacy)
- Water systems are required to comply with select requirements of the 2021 LCRI:
- SL inventory due October 16, 2024
- Notification of service line lead, GRR, or unknown material by November 15, 2024, and associated reporting requirements, including consumer confidence reports (CCR)
- Tier 1 public notifications for lead action level exceedance that was introduced under the 2021 Lead & Copper Rule Revisions (LCRR) starting October 16, 2024
SL Inventories
- System must identify all unknown service lines by their mandatory service line replacement deadline.
- Connector materials must be categorized in the inventory as either lead, non-lead, unknown, or no connector present.
- Validation – systems must validate the accuracy of their methods to categorize non-lead service lines in their inventory no later than 7 years after the compliance date by the end of the calendar year unless on shortened or deferred deadline.
- “Validation pool” for random visual verification is to include all non-lead SLs, excluding those installed after Federal, State, or local lead bans, visually inspected at a minimum of two points, or previously replaced.
- Systems may submit previous validation efforts in lieu of the LCRI requirements if they are at least as stringent as the requirements, and States must review and approve of these previous efforts.
SL Replacement Plans
- All systems with at least one lead, GRR, or unknown SL must develop the SL replacement plan by the compliance date (3 years from promulgation date, with possible additional 2 years extension per States).
- Required elements will include:
- Description of a strategy to identify the material of all unknown service lines in the inventory
- Standard operating procedure for conducting full SL replacement
- Communication strategy to inform customers before a full or partial lead or GRR SL replacement
- Procedure for customers to flush SLs and premise plumbing of particulate lead following SL replacement
- Funding strategy for conducting SL replacements
- Strategy to inform customers and consumers about the plan and replacement program, and
- Identification of any legal requirements or water tariff agreement provisions that affect a system’s ability to gain access to conduct full SL replacement.
- SL replacement plans must be updated annually and made available to the public.
Community Outreach/Communications
- Systems must provide notice and educational materials during water-related work that could disturb lead, GRR, or unknown SLs, including disturbances due to inventorying efforts, to consumers within 24 hours or before the SL is returned to service, and to customers within 30 days.
- In CCRs, systems must provide updated health effects language and must include a statement about the opportunity for schools and licensed childcare facilities to be sampled.
Funding
- PENNVEST - $2.6 billion in newly available drinking water infrastructure funding through the Bipartisan Infrastructure Law. This funding will flow through the drinking water state revolving funds (DWSRFs) and is available to support lead pipe replacement and inventory projects. Additionally, 49% of the funding must be provided to disadvantaged communities as grant funding or principal forgiveness that does not have to be repaid.
- EPA is also announcing the availability of $35 million in competitive grant funding for reducing lead in drinking water, primarily for disadvantaged communities in two National Priority Areas as described in the Notice of Funding Opportunity (NOFO).
- Additional federal funding is available to support lead pipe replacement projects and EPA has developed a website identifying available funding sources.
*We are in communication with PA DEP and will relay how the final LCRI may impact current regulations and guidance in PA.
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Categories: Municipal Infrastructure
Tagged: Potable Water | Regulations | Revised Lead & Copper Rule (RLCR)