Let’s start with a primer on the requirements for a lead service line inventory under the Lead and Copper Rule Revisions, likely to be finalized in December of 2021. It is almost guaranteed that by the end of 2024, suppliers will be required to create at least an initial lead service line inventory for their system, with ongoing updates required as well. Each service line, including both the utility and private side, would need to be evaluated and categorized as having lead, galvanized downstream of lead, non-lead, or unknown.
It’s important to note that physical verification at all service lines is not required and not expected. Suppliers should consider all available information before determining physical verification is warranted. This includes reviewing any installation records, building codes or ordinances dictating the service line material. In addition, observations of line materials when doing maintenance and repair at water mains or along the service line can be used. For example, if an external meter pit has copper or PEX on both sides of the yoke, this material is likely running from the corp or curb stop, depending on the location of the meter pit, and to the building.
While lead service lines weren’t banned until 1986, their use was falling out of favor in the late 1940s. The latest known lead service line installation in Colorado based on reported information to the department is currently 1956. Therefore, the department would accept with high probability that unknown service lines installed after 1955 with some supporting records or observations can be categorized as non-lead in the lead service line inventory. This date cutoff should greatly limit the scope of a system’s investigation.
For unknown service lines installed before 1955, suppliers can still categorize the materials without physical verification if there are any records on installed material type or there were ordinances banning lead materials. While there may be illegal installations or deviations in listed materials used, there is a high probability that lead materials were not used if there were records or standing ordinances.
Even if there are remaining unknown service lines, these service lines are not all required to be physically verified. In the absence of EPA guidance and expectations for states, the department currently supports Michigan’s approach to lead service line inventory as they undertake a state-specific lead service line replacement program. Their verification effort requires that 20% of unknown service lines be randomly selected for verification to create a statistically sound, probabilistic determination of service line material as lead, galvanized downstream of lead, or non-lead. Please note that physical verification only pertains to the remaining unknown service lines. For example, if you have 100 total service line connections, and you determine with high probability through installation dates, records, and observations that 80 are likely non-lead, then you would have 20 remaining unknown service lines, leaving a minimum of 4 (20% of 20) to be physically verified.
Michigan’s approach on physical verification is to conduct three or four points of inspection that includes:
The interior portion of the service line up to the first shutoff valve, usually the main shut off valve located in a wall cutout or in a crawlspace,
The line from the building to the curb stop,
The line from the curb stop to the water main, and
If present, the gooseneck or pigtail connector at the water main.
The points to target for physical verification may vary depending on the layout of components along the service line. For in-ground physical verification, suppliers may utilize hydrovacuum excavation, air-knifing, trenching, or hand digging to inspect the material. If there were controls on materials for a portion of the service line then physical inspection at that point in the line is not warranted. For example, if the utility has records or had mandates on the utility-owned portion of the line, but the homeowner was responsible for selecting their material, only the customer side would have to be physically verified.
Now we get to the crux of the problem: disturbing the ground on private property or requesting access from the homeowner to the inside of a home. These bring up sensitive issues and safety concerns for suppliers as they interact with their customers. First let’s discuss options related to the interior portion. If the homeowner does not allow access or the supplier wishes not to enter a home for safety reasons, the supplier can ask the homeowner to take a photo of the pipe material entering their home or at the main water shutoff to share with the supplier. Additionally, the supplier can provide a magnet to help determine the difference between similar appearing lead pipe and galvanized steel, as a magnet will not be attracted by lead. For exterior verification, you may need to explain the importance of this one-time verification and, if necessary, provide an incentive on their water bill for the disturbance to their ground. Based on feedback from utilities in other states, the new rule will be quite onerous to systems with lead service lines after 2024 and some systems are considering replacing a customer’s lead service line for them if found. If the system is willing to bear this cost to minimize future requirements, this cost incentive as well as public health protection could be shared with a homeowner who is reluctant to participate.
It’s important to note that if a homeowner refuses to cooperate, the supplier may move to the next randomly selected customer to see if they are willing to participate. Even if a supplier is unable to verify the material of their unknown service lines to make a probabilistic determination, there is a provision in the rule that allows the supplier to continue to list these sites as unknown in their inventory. However, in this case, the supplier has to assume the unknown service lines likely contain lead and will have to conduct ongoing special notices to these customers about the health effects of lead and prepare a lead service line replacement program for the sites, if ever triggered by the rule. Lastly, these sites would not be sampled for compliance under the new rule, due to the lack of confirmation on materials.
In conclusion, the department hopes that this more thorough description of what’s required of a lead service line inventory shows that it is not expected that every service line be physically verified as long as there is supporting documentation that gives the supplier high confidence on the materials at each line. Homeowner access is a touchy subject for suppliers and may mean some difficult conversations, but failure to gain access will not put the system out of compliance, as long as a credible effort to gain inventory information takes place. We recommend that utilities work with their customers and help them understand the importance of assisting with this process and the risks of lead in drinking water for both children and adults. As always, we are happy to discuss and help. Once the lead and copper rule revisions are final, we will be working with EPA to develop guidance for water systems that includes a reasonable approach to meet the lead service line inventory requirement.
➽ Bryan Pilson Technical, Regulatory Implementation, and Coordination Unit Manager
