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EPA Releases Proposed Lead Copper Rule Improvements in Drinking Water Regulation
On November 21, 2023, EPA Administrator Michael S. Regan signed the Proposed National Primary Drinking Water Regulation for Lead and Copper: Improvements, which was subsequently published in the Federal Register on December 6, 2023 (88 FR 84878). The proposal builds on previous lead and copper regulations taking advantage of opportunities to provide greater, more equitable public health protection, decrease complexity, and increase transparency and outreach.
Key provisions of the Lead Copper Rule Improvements (LCRI) include:
The Environmental Protection Agency conducted a public hearing on January 16, 2024 to receive verbal comments. The comment period closed on February 5, 2024. Information, including a copy of the Federal Register notice, can be found at Proposed Lead and Copper Rule Improvements | US EPA. EPA hopes to issue the final rule on or before October 16, 2024.
Summary of the key provisions follow.
40 CFR §141.80 General requirements and action level
The proposal decreases the action level for lead from 0.015 mg/L to 0.010 mg/L and eliminates the 0.010 mg/L trigger level from the Lead Copper Rule Revisions. It maintains the action level for copper at 1.3 mg/L. This section also describes the procedure for calculating the 90th percentile lead and copper levels from the sampling results based on the tier of sampling locations in the water system pool.
40 CFR §141.81 Applicability of corrosion control treatment steps to small, medium, and large water systems
This section describes requirements to install, optimize, or re-optimize corrosion control treatment based on the population served and whether, or not, the water system currently has corrosion control treatment or has optimized corrosion control. Population categories are small systems (serving < 10,000 persons), medium systems (>10,000 – < 50,000 persons), and large systems (>50,000 persons). It includes the steps to follow to determine optimal corrosion control treatment (OCCT) including what types of studies are required (e.g. pipe rig or CCT study or treatment recommendation). It also provides for some water systems to avoid completing corrosion control steps or adding corrosion control that can complete replacement of lead or galvanized requiring replacement service lines within five years under certain conditions.
40 CFR §141.82 Description of corrosion control treatment requirements
This section describes the requirements for systems and States designating optimal corrosion control treatment (OCCT) for systems that are optimizing or re-optimizing corrosion control treatment. It includes:
- system recommendations regarding CCT for systems without lead service lines,
- State decisions to require studies,
- performance of corrosion control studies,
- State designation of OCCT and re-optimized OCCT,
- Installation of OCCT and re-optimized OCCT,
- State review of treatment and specification of optimal water quality parameters for OCCT or re-optimized OCCT,
- continued operation and monitoring of OCCT and re-optimized OCCT,
- modification of State treatment decisions,
- treatment decisions by EPA in lieu of the State, and
- distribution system and site assessment for tap sample sites with lead results that exceed 0.010 mg/L.
40 CFR §141.83 Source water treatment requirements
Unchanged
40 CFR §141.84 Service line inventory and replacement requirements
This section continues the requirement, under the Lead Copper Rule Revisions (LCRR), for water systems to develop an initial inventory of service line materials and to submit to the State by October 16, 2024. It also requires water systems to prepare an updated inventory, including connectors, to be submitted by the date three years after the publication date of the Final LCRI (currently projected to be October 2024). Service line materials shall be categorized as “Lead”, “Galvanized Requiring Replacement”, “Non-Lead”, and “Lead Status Unknown” or “Unknown”. Connectors shall be categorized as “Lead”, “Replaced Lead”, “Never Lead”, or “Unknown”. The inventory shall be updated annually with new information, as appropriate. The inventory must be made accessible to the public with systems >50,000 persons required to place the inventory on line. Systems must validate the accuracy of non-lead service lines in their inventories within seven years of the compliance date.
The proposed LCRI requires water systems with lead, galvanized requiring replacement, and lead status unknown service lines to prepare a service line replacement plan. The LCRI also includes a mandatory 100% replacement of lead and galvanized requiring replacement service lines within the control of the water system within ten years of the compliance date of the Final LCRI and document achieving compliance by meeting a replacement rate of 10% per year using a three-year rolling average. There is also descriptions of steps and mitigation procedures (e.g. pitcher filters and replacement cartridges) for situations where full-service line replacements are not possible.
40 CFR §141.85 Public education and supplemental monitoring and mitigation requirements
A system that exceeds the lead action level is required to distribute public education materials using the delivery methods outlined in this section. The public education materials include revised lead health effects language, including the statement that “There is no safe level of lead in drinking water.” Water systems must also conduct outreach activities where the system fails to meet the lead service line replacement rate. The water system must provide notification of sampling results to persons at locations where sampling was conducted within three calendar days of receiving the results.
40 CFR §141.86 Monitoring requirements for lead and copper in tap water
All water systems must sample for lead and copper at taps used for human consumption. This section describes criteria for the selection of sampling locations, number of sampling locations, sampling procedures, and criteria for reduced monitoring. Systems with lead service lines will be required to collect first and fifth liter tap samples and use the higher value for determining compliance.
40 CFR §141.87 Monitoring requirements for water quality parameters
This section includes the procedures for monitoring for water quality parameters in large and medium sized water systems with corrosion control treatment, and small and medium sized water systems that exceed the lead or copper action level. This includes sampling in the distribution system and at the entry point to the distribution system. It addresses the parameters to be monitored, number of samples required, and criteria for selection of sampling locations.
40 CFR §141.88 Monitoring requirements for lead and copper in source water
Unchanged
40 CFR §141.89 Analytical methods
Unchanged
40 CFR §141.90 Reporting requirements
This section includes reporting requirements under the LCRI, as listed below.
- Tap monitoring for lead and copper;
- distribution system and entry point monitoring for water quality parameters;
- source water monitoring, service line inventory and replacement requirements;
- public education program;
- additional monitoring;
- reporting of 90th percentile lead and copper concentrations where the State calculates a water system’s 90th percentile concentrations; and
- a community water system’s public education program and sampling in schools and child care facilities.
40 CFR §141.91 Recordkeeping requirements
Unchanged
40 CFR §141.92 Monitoring for lead in schools and child care facilities
All community water systems must conduct public education and lead monitoring in schools and child care facilities in their service area. This starts with preparing a list of all served facilities. Starting in the first year after the compliance date, and at least once every year after, the water system must contact the schools and child care facilities and notify them they are eligible to be sampled for lead by the water system. The notice should propose a schedule for sampling the facility and should provide information about sampling for lead at schools and child care facilities. References to EPA prepared documents are provided. Also, all secondary schools should be notified that they are eligible to be sampled on request. Information on frequency of sampling, number of samples to be taken, locations to sample, sampling protocol, notification of results, and alternative school and child care sampling programs are described.
40 CFR §141.93 Small water system compliance flexibility
This section includes options available to systems serving < 3,300 persons and all non-transient non-community water systems for compliance with the rule. This includes options related to corrosion control treatment, and alternative compliance options such as point-of-use devices, and replacement of lead-bearing plumbing.
There are also new provisions under §141.153 (Content of the reports), §141.154 (Required additional health information) and revisions to Appendix A to Subpart O of Part 141 – Regulated Contaminants, Appendix A to Subpart Q of Part 141 – NPDWR Violations and Other Situations Requiring Public Notice, Appendix B to Subpart Q of Part 141 – Standard Health Effects Language for Public Notification.
40 CFR Part 142-National Primary Drinking Water Regulations Implementation
This part describes requirements for States seeking primary enforcement authority to implement the Lead Copper Rule Improvements.
As always with regulations, “The devil is in the details”. So, I recommend that all those affected by the rules (e.g. water systems) should read them thoroughly.
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About The Author
At NJBSoft, we’re proud to collaborate with experts like Robert Hollander, P.E., whose extensive experience in water quality and regulatory compliance allows us to design SAMS in order to meet industry needs. Bob’s leadership and deep industry knowledge supports utilities in staying organized, compliant, and focused on protecting public health every day.
Robert Hollander
- 45 years of experience in water quality, regulatory compliance, and utility management
- President of Hollander Consulting Services
- Held senior roles at the City of Peoria, City of Phoenix, and the Arizona Department of Environmental Quality
- Served as President of the AZ Water Association and the Western Coalition of Arid States
- Licensed Professional Engineer in Arizona with multiple Grade 3 operator certifications
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