Lead and Copper Rule Revisions Update

In early 2020 the public comment period on EPA's proposed Lead and Copper Rule Revisions (LCRR) closed and EPA indicated that it would finalize the rule in summer 2020. EPA had long stated their goal to finalize the LCRR in 2020 and we expected it to occur no later than lead poisoning prevention week, which was the last week in October. However, EPA did not finalize the LCRR and has not stated a new target date. Obviously, there is a great deal of uncertainty at present in Washington, D.C. It is also uncertain how the rule may be altered based on public comments that EPA received.

Once the LCRR are finalized, CDPHE will plan a broad and robust stakeholder process as we move forward toward developing revisions to the lead and copper rule within the Colorado Primary Drinking Water Regulations (Regulation 11). The rule covers a broad range of topics from sampling to public notice and education to Optimum Corrosion Control Treatment (OCCT). We envision that each of these topics, and probably more, would warrant individual workgroups to discuss key issues and develop a path forward. Ultimately, based on all of the stakeholder input, CDPHE will draft a new rule that is no less stringent than the federal rule and bring that forward for a formal rulemaking process before the Water Quality Control Commission. The Commission would then entertain further public input before adopting the final rule. Typically, that entire process is allowed to take a maximum of two years. Implementation and compliance dates typically follow. However, for LCRR there are indications that certain aspects of the rule may need to be implemented more quickly. At present, early implementation is expected to be involved with lead service line inventory requirements at a minimum. So, our advice to water systems is to plan now for a full lead service line inventory to be part of the final LCRR and consider how your water system would tackle that effort.

Stay tuned for more information when EPA finalizes the LCRR.

➽ Ron Falco, P.E. Safe Drinking Water Program Manager