Evolving Federal Regulations
Lead is a naturally occurring metal that was widely used in the late 19th and early 20th century for lead piping, flux and solder. Although lead is not commonly found in source water (lakes, rivers, ground water), it can enter drinking water through contact with lead plumbing and fixtures. In 1986 Congress amended the Safe Drinking Water Act to prohibit the use of lead pipe, flux and solder in water distribution systems. There was a 2-year implementation period, formally banning the use of lead pipe in 1988. To date, the CDC has stated that there is no safe exposure level to lead and our fetuses, newborns, children under the age of 6 and pregnant or breastfeeding mothers are most vulnerable to the harmful effects of lead poisoning.
The Lead & Copper
Rule
All community water systems must respond to federal laws surrounding lead service lines, even if there are no lead service lines in the community. Community water systems should coordinate with their state primacy agency to determine which portions of the LCRR they are required to meet.
In 1991, USEPA issued the Lead & Copper Rule in accordance with the Safe Drinking Water Act with the goal of reducing lead in drinking water. USEPA released the Lead & Copper Rule Revisions (LCRR) in 2021.
The major improvements under the LCRR include:
- Updated Lead and Copper sampling procedures
- Creation of a trigger level at 10 parts per billion
- Lead and Copper sampling at Schools and Childcare Facilities
- Full lead service line replacements
- Creation of a public water service line inventory and replacement plan
Lead & Copper Rule Improvements
In October 2024, the U.S. Environmental Protection Agency (EPA) finalized the Lead & Copper Rule Improvements (LCRI), building upon the LCRR to further protect public health from lead exposure in drinking water. The rule became effective on December 30, 2024, with full compliance required by November 1, 2027.
The key provisions of the finalized LCRI include:
- Mandatory replacement of all lead and Galvanized Requiring Replacement (GRR) service lines within 10 years (by the end of 2037)
- Expanded service line inventory requirements
- Stricter tap sampling protocols
- Lowered lead action level
- Enhanced consumer protections
- Public education and program transparency
Lead & Copper Rule Revisions Requirements
All Community Water Systems (CWS) must respond to federal laws surrounding lead service lines, even if there are no lead service lines in the community.
USEPA released the Lead & Copper Rule Revisions (LCRR) in 2021, with a compliance date of October 16, 2024. The LCRR has four main components that CWS may need to navigate, depending on water service line materials found within their system. Those components are identified below. The following inform is intended to help summarize the LCRR, but does not include all regulatory details.
All CWS are required to develop and maintain a Water Service Line Material Inventory which identifies each water service line within the CWS distribution system, the system-owned material classification, the customer-owned material classification, and an entire service line material designation.
LCRR requires CWS review the best available information to develop their inventory, including but not limited to:
- Review of historical records (permits, as-builts, tap cards, water mater replacements)
- Installation dates (Post 1988* can safely assume non-lead)
- Water Service Size (greater than 2-inches can safely assume non-lead)
- Consumer/Contractor Information Surveys
- Predictive modeling (verify with your state agency that this is an acceptable method)
Excavation is not required to determine the material of a water service line, but methods like potholing/hydro-excavation can be used.
CWS that have identified lead, galvanized requiring replacement or still has lead status unknown service lines are required to develop a Replacement Plan. The Replacement Plan must include the following:
- Strategy for determining remaining unknowns
- Procedure for conducting full lead service line replacements
- Strategy for informing customers before lead service line replacements
- Procedure for customers to flush service lines and premise plumbing
- Funding strategy for conducting replacements which considers ways to accommodate customers unable to pay to replace the portion they own
Replacement Plans are intended to be public facing and accessible to consumers upon request.
CWS are required to develop and provide notifications to consumers with lead, galvanized requiring replacement or lead status unknown water service lines. Depending on the situation, the LCRR has specific time periods in which notices should be provided. In general, all notifications should include information on the health risks associated with lead exposure, provide guidance on how to reduce lead exposure, and any next steps that need to be taken by either the consumer or the CWS.
Below identifies when a CWS is required to provide notification to affected consumers:
Inventory
- Initial notification within 30 days of completion of the water service line inventory
- Repeat the notification annually until the entire service connection is no longer lead, galvanized requiring replacement or lead status unknown.
Sampling
- Sample sites are to be notified of lead and copper results within 30 days
- If a sample site exceeds the Action Level, the customer must be notified within 3 days
Disturbance of Lead
The following notifications must be provided prior to water service being restored:
- When water is shut-off to a property with a lead water service line
- When repairs/maintenance are being performed on a water meter at a location with a lead service line (also required to provide a water filter with 6-months of filtration)
- When replacing all or a portion of the lead water service line
Additionally, Consumer Confidence Reports must be updated to include information on where consumers may find the CWS Water Service Line Material Inventory.
Sampling procedures, limits and locations are changing under the LCRR. CWS’s will need to be prepared to implement the new procedures for their next round of Lead and Copper Sampling after the October 16, 2024 compliance date, or as determined by their state primacy agency.
Sample Site Locations
CWS will need to update their sample site locations based on a new 5 Tier structure. A CWS may look to use sample sites in each subsequent Tier only after exhausting the Tier prior. Sample site locations are tiered as follows:
- Tier 1: Single family structure served by a lead service line
- Tier 2: Multi-family structure served by a lead service line
- Tier 3: Single family structure served by a galvanized requiring replacement service line
- Tier 4: Single family structure served by a copper service line with lead solder
- Tier 5: Representative structure (single family, building, multi-family) with plumbing material that is commonly found throughout the water system
Sampling Procedures
- Collect five consecutively numbered 1-liter samples in wide-mouth bottles from the cold water tap
- Prior to collecting samples, the water should have a minimum of a six hour stagnation period
- First 1-liter is analyzed in a lab for copper; the fifth 1-liter is analyzed in a lab for lead
- Sample all childcare facilities and elementary schools (K-5th Grade) between 2025 and 2029 (20% each year)
Sample Limits & Actions
LCRR introduces the Trigger Level (10 ppb) and maintains the Action Level (15 ppb).
In the event that a sample site exceeds the 90th percentile, CWS must complete the following:
- Complete Find-And-Fix Sample Site requirements, including collecting a follow-up sample within 30 days at any site that exceeded the Action Level and assessing water quality at similar site (ultimately for corrosion control treatment assessment)
In the event that CWS 90th percentile exceeds the Trigger Level, CWS must complete the following:
- Provide notification to all customers with a lead service line
- A goal-based lead service line replacement pursuant (for CWS larger than 10,000)
- Assess/implement optimal corrosion control treatment (dependent on CWS size and existing CCT)
In the event that CWS 90th percentile exceeds the Action Level, CWS must complete the following:
- Begin mandatory full lead service line replacement of at least 3% annually (CWS larger than 10,000)
- Provide notification to all bill paying customers within 60 days of the end of the sampling period
- Sample the tap water of any customer who requests a sample
- Evaluate water quality parameters, and assess/implement optimal corrosion control treatment (dependent on CWS size and existing CCT)
Full replacement of lead and GRR service lines is mandatory, with partial replacements generally prohibited. Systems must meet annual replacement targets and provide certified filters to affected households during and after replacement activities.
- Replace all lead and GRR service lines within 10 years, at a minimum average rate of 10% per year.
- Distribute filters certified to reduce lead after service line disturbances
Lead & Copper Rule Improvements Requirements
All community water systems (CWSs) and non-transient non-community water systems (NTNCWSs) must respond to federal laws surrounding lead service lines, even if there are no known lead service lines in the community.
USEPA finalized the Lead & Copper Rule Improvements (LCRI) in October 2024, with an effective date of December 30, 2024. Full compliance is required by November 1, 2027. The LCRI builds upon the 2021 Lead & Copper Rule Revisions (LCRR) and introduces more stringent requirements aimed at accelerating lead service line replacement and enhancing public health protections.
The LCRI includes five major components that Community Water Systems (CWS) must navigate, depending on the presence of lead, galvanized requiring replacement (GRR), or unknown service line materials. The summary below outlines the key elements of the LCRI. This overview is intended to aid understanding but does not include all regulatory details.
All CWS’s are required to submit their Baseline Inventory to their primacy agency by November 1, 2027, including updating material information identifying all lead, galvanized requiring replacement (GRR), non-lead, and unknown water service lines. Additionally, the LCRI requires CWS’s complete the following:
- Annual updates with counts of replaced lead and GRR water service lines and connector materials.
- Systems must validate the accuracy of non-lead classifications via a two-point verification process by 2034.
- Inventories must be made publicly assessable, regardless of system size. For systems serving over 50,000 people, the inventory must be available online.
All CWS’s with known lead, GRR or remaining unknowns, must submit a detailed Lead Service Line Replacement Plan (Plan) to their primacy agency by November 1, 2027. The Plan must include the following
- Procedures for completing full replacements. Note that a full replacement is considered from the watermain to inside the property to the water meter (assuming the meter is located within the property) or 18-inches, whichever is shorter.
- Communication strategies for affected customers.
- Replacement prioritization based on community-specific factors, such as risk and equity.
- Funding strategies, including assistance for low-income households.
- Strategy for identifying remaining unknown water service lines
In a continued effort to encourage public education and transparency, water systems are required to provide a series of different notifications and updates to their customers. These include:
- Annual service line material notification to all affected customers
- Tap sampling results notification within 3 business days of receiving results to all tap sample sites.
- Conduct public education following any lead action level exceedance
- Filter Distribution: Systems must provide filters after any replacement or disturbance of lead, GRR, or unknown lines
All water systems will need to implement new lead and copper sampling procedures in an effort to better detect lead levels. Key changes in sampling procedures include:
- Revised tiering criteria for sample sites, prioritizing locations most likely to show elevated lead levels
- Collection and analysis of both first-liter and fifth-liter samples at LSLs sites and use of the higher results when calculating the 90th
- Reduction of the Lead Action Level to 10 ppb (0.010 mg/L)
Full replacement of lead and GRR service lines is mandatory, with partial replacements generally prohibited. Systems must meet annual replacement targets and provide certified filters to affected households during and after replacement activities.
- Replace all lead and GRR service lines within 10 years, at a minimum average rate of 10% per year.
- Distribute filters certified to reduce lead after service line disturbances