On January 15, 2021, EPA released the Lead and Copper Rule Revisions (LCRR), the most substantial overhaul of the 1991 Lead and Copper Rule to date. The LCRR targets further reductions in lead exposure in drinking water that comes via leaching from lead-containing pipes, solders, scales, and fixtures. Lead is a neurotoxin that is especially harmful to brain development in children even at low levels. The LCRR hopes to address many of the deficiencies of the current rule that were exposed during the Flint, Michigan crisis. A summary of changes includes:
- Within three years, completing a materials evaluation of service line materials, both utility and customer owned, that includes identification of galvanized service lines that were previously downstream of a lead service line,
- Modifications to the tiering criteria for sample sites that prioritizes sampling from lead service lines using a 5th liter sample and removing the date built as a factor in selecting copper pipe with lead solder sites,
- The addition of a new lead “trigger level” at 10 parts per billion (ppb), where systems need to evaluate corrosion control treatment options and/or initiate lead service line replacements,
- Mandated full lead service line replacement when the lead 15 ppb action level is exceeded at a rate of 3% per year,
- “Find and fix” water quality testing and investigations at any site above the 15 ppb action level, and
- Public notification for high lead results to homeowners within 24 hours and to all customers for lead action level exceedances within 72 hours.
However, after the federal administration change, the LCRR has been put on pause while EPA considers further public comment. At this time, it is unclear if there will be additional changes to LCRR or when the final rule will become effective. However, water systems should be proactive and use this additional time to plan and execute likely required activities recognizing that the rule will likely become more prescriptive within a few years.
In all likelihood, the first requirement for water systems will be to complete an initial inventory of their service line materials. Water systems will be required to determine if each service line contains lead, galvanized pipe previously downstream of a lead service line, non-lead, or is unknown. While the department asked for a materials survey of service lines in 2016, the galvanized pipe previously downstream of a lead service line is a new requirement that must be reported upon. Secondly, there is a concern that in 2016 some water systems were reporting service line materials on the utility-owned side only, and not the full service line that will likely be required under the LCRR.
While the majority of water systems in Colorado will not be severely impacted by the new service line materials survey, older water systems with construction prior to 1960 will have to make some effort to demonstrate statistically whether lead or downstream galvanized pipe service lines exist through various records reviews and targeted physical inspection. Furthermore, given the uncertainty of the final LCRR and any future rulemakings, water systems are encouraged to make efforts to identify where lead goosenecks and pigtails exist in their system.
Another part of the proposed LCRR is optimal corrosion control treatment for large systems serving greater than 50,000 people. Under the current rule, large systems are required to install optimal corrosion control treatment and maintain corrosivity water quality parameters within set ranges or minimums, unless the difference between source and tap lead sampling is less than 5 ppb. The department has begun to evaluate the corrosion control treatment decisions made at large systems when the rule first took effect and is finding that historical decisions may not meet the recent changes to corrosion control guidance or future oversight from EPA under the LCRR. The department encourages all large systems to re-evaluate their corrosion control treatment. Specifically:
- If a large system is currently reliant on ambient water quality for their corrosion control, the department highly recommends they consult with the department and collect lead entry point and standard lead and copper tap sampling in two six-month periods to demonstrate that their lead 90th percentiles are below 5 ppb. If the large system adequately demonstrates low levels of lead, completion of a corrosion control study or installation of additional treatment may not be required, even under LCRR.
- If a large system is adding chemicals for the purpose of corrosion control or cannot demonstrate that their 90th percentiles for lead are below 5 ppb, the department recommends completing a full corrosion control study prior to the effective date of the final LCRR. The reasoning is that the requirements for a corrosion control study under LCRR will likely be more onerous than under the current rule.
In summary, the LCRR is a step forward in reducing lead exposure from drinking water. It is a complex rule that will require considerable resources from the department to implement and from water systems to comply. Water systems should be proactive and begin taking action now to inventory their service line materials. Large systems should also address their corrosion control treatment status in consultation with the department prior to the LCRR being effective.
➽ Bryan Pilson: Technical, Regulatory Implementation, and Coordination Unit Manager
