U.S. EPA Releases Proposed Lead and Copper Rule – 60-Day Comment Period

By: @Aaron Avery

The United States Environmental Protection Agency (EPA) has released its proposed National Primary Drinking Water Regulations: Lead and Copper Rule Improvements (LCRI). Detailed information about the regulation may be viewed here.

Members of the public may review the proposed LCRI and supporting information and, once published in the Federal Register, provide written comments in the public docket for the rulemaking at www.regulations.gov, Docket ID Number: EPA-HQ-OW-2022-0801. The public comment period will be 60 days.

EPA describes the key provisions of the LCRI as follows:

• Achieving 100% Lead Pipe Replacement within 10 years. When lead service lines are present, they represent the greatest source of lead exposure in drinking water. The proposed LCRI would require the vast majority of water systems to replace lead services lines within 10 years.
• Locating Legacy Lead Pipes. Knowing where lead pipes are is critical to replacing them efficiently and equitably. Water systems are currently required to provide an initial inventory of their lead service lines by October 16, 2024. Under the proposed LCRI, all water systems would be required to regularly update their inventories, create a publicly available service line replacement plan, and identify the materials of all service lines of unknown material.
• Improving Tap Sampling. The proposed LCRI would make key changes to the protocol that water systems must use for tap sampling informed by best practices already being deployed at the local and state level, like in Michigan. 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.
• Lowering the Lead Action Level. EPA is proposing to lower the lead action level from 15 µg/L to 10 µg/L. When a water system’s lead sampling exceeds the action level, the system would be required to inform the public and take action to reduce lead exposure while concurrently working to replace all lead pipes. For example, the system would install or adjust corrosion control treatment to reduce lead that leaches into drinking water.
• Strengthening Protections to Reduce Exposure. Water systems with multiple lead action level exceedances would be required to conduct additional outreach to consumers and make filters certified to reduce lead available to all consumers. The filters must be certified to reduce lead.

EPA will host an informational webinar for the public on December 6, 2023, and a virtual public hearing on January 16, 2024, at which the public will be invited to provide EPA with verbal comments.

EPA anticipates finalizing the LCRI prior to October 16, 2024.