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| Image: lead goosenecks |
Colorado is one of just a handful of states that adopted LCRR into its primary drinking water regulations. Collectively, the department and stakeholders learned a lot about the rule during that process, so we are well-positioned to tackle LCRI after it becomes final later this year. The Water Quality Control Commission replaced the Lead and Copper Rule in Section 11.26 with the Lead and Copper Rule Revisions in Section 11.17 in the Colorado Primary Drinking Water Regulations (Regulation 11). The department carefully structured LCRR so that different elements of the rule will have effective dates that align with LCRI. The requirement to complete an initial lead service line inventory by October 16, 2024 will go into effect immediately, whereas requirements that may be modified by LCRI, such as tap sampling requirements, could have a delayed effective date.
The requirements associated with the initial LSLI can be found in Section 11.17(2) and these cover inventory development, public availability, and consumer notification and reporting. The LCRI includes enhanced requirements for the LSLI including more regular updates and adding service line connectors (e.g., pigtails and goosenecks) to the inventory, plus additional requirements to confirm non-lead status. These enhanced requirements will likely need to be included in a “baseline inventory” due in 2027. Water systems can still complete their initial LSLI under the requirements specified in LCRR. To help water systems meet LSLI requirements, the department (in consultation with stakeholders and the help of contract support) developed drinking water Policy 018 to guide that process. Additionally, the department has a grant program in place to help larger systems serving 7,500 people or more with inventory efforts and has already awarded about $550,000 to help water systems. Systems serving 15,000 people or less can request LSLI technical assistance from the department's contractor, WSP and Sunrise Engineering, at no cost to the system.. While the LCRI is not fully effective, we recommend that systems keep the draft rule in mind as they develop their inventories. If opportunities arise to collect information on connectors, for example, we believe that it would be a good idea to gather and retain that information.
A key aspect of LCRR that will become effective in October 2024 is the requirement for 24-hour Tier 1 public notification of a lead ALE, outlined in section 11.17(3)(k). Water systems must notify the department of the exceedance as soon as possible but no later than 24 hours after the exceedance occurs, and distribute Tier 1 public notice as specified in 11.33. The LCRI is also proposing to reduce the lead action level from 15 to 10 parts per billion (ppb), but it is not entirely certain when the effective date for that change will be. However, the provision in 11.17(3)(k) will apply to whatever action level is in effect at the time of the exceedance. We recommend that systems prepare for this possibility even if they do not have lead service lines as about half of the ALEs in Colorado occur at systems without lead service lines. Additionally, taking steps to improve corrosion control can improve public health protection and lower the risk of an ALE. Talk to your compliance specialist to determine if any planned modifications necessitate a design review by the department.
Another element of the LCRR that will become effective in October 2024 is the requirement for water systems to notify consumers with a lead, galvanized requiring replacement, or unknown service line of the material type, ways to reduce lead exposure from drinking water, and opportunities for replacement or identification of the line (see section 11.17(2)(c)). The department encourages water systems to notify consumers of their service line material as soon as possible after the material is identified.
Navigating the complicated landscape established by LCRR and then LCRI will be challenging for all of us. By working together, we can do our best to protect public health by lowering lead levels in tap water.
Thank you.
➽ Ron Falco, P.E. Safe Drinking Water Program Manager
➽ Haley Orahood Regulatory Development and Implementation Specialist
