After a multi-year wait, EPA announced the release of its proposal for the Lead and Copper Rule Revisions October 10. As of October 31, the proposal has yet to make it to the Federal Register. Once published the public will be given 60 days to provide comment. AMWA is planning to submit an extension request asking EPA for an additional 30 days due to the breadth of the proposal. EPA anticipates finalizing the rule in 2020.
A pre-publication version is currently available online. EPA posted a website and fact sheets to help the public better understand the proposal, including a reference guide for public water systems outlining the differences between the revised rule and what is currently in place.
Initial highlights of the proposed rule include:
- A new 10 parts-per-billion (ppb) "trigger level" that would impose additional planning, monitoring, and treatment requirements when the 90th percentile of a utility’s sampling results exceed that threshold.
- The existing 15 ppb action level, above which utilities trigger public notification and lead service line replacement requirements, would be maintained but new requirements for utilities if that action level is exceeded have been proposed. Specifically, the utility would be required to fully replace three percent of LSLs per year for at least four consecutive six-month monitoring periods and partial LSL replacements and "test-outs" would no longer count toward a utility's mandated replacement targets.
- A requirement for utilities to provide each customer a pitcher filter and enough cartridges to last three months following each full or partial LSL replacement. Utilities would also be required to collect tap samples at residences where replacements occurred three to six months after replacement.
- A new "find-and-fix" policy that requires utilities to "identify and remediate the source of the elevated lead at the tap sample site” when individual tap samples exceed the action level of 15 ppb. Utilities would be required to notify these customers within 24 hours of discovering a lead action level exceedance.
- A new requirement for utilities to notify all customers in their service area within 24 hours of determining the system’s 90th percentile is above the lead action level of 15 ppb. In the current rule there is no explicit timeline for notifying customers of this exceedance.
- A requirement for all systems to develop a lead service line (LSL) inventory, which must be updated annually, unless utilities demonstrate absence of LSLs within the first three years of final rule publication. All large systems would be required to post the inventory “to a publicly-accessible site on the Internet to facilitate easier access for their customers.”
- Regarding the LSL inventory, the rule proposes to include all partial LSLs and galvanized service lines that are currently or were formerly downstream of an LSL, as LSLs – galvanized lines would only be included up to the home, no internal galvanized plumbing would be considered a LSL;
- A prioritization of LCR monitoring samples to be collected first from locations served by LSLs;
- Lead in drinking water testing and public education by utilities at 20 percent of K-12 schools and child care facilities in the utility service area every year. This requirement would apply to both public and private schools and also to licensed childcare centers in their service area. Utilities would be required to notify schools of their testing results, but would not be required to engage in any additional mitigation activities in schools;
- The replacement by the utility of the public portion of a lead service line within 45 days of learning of a customer's replacement of their privately-owned portion of the line. When possible, utilities would be required to make “a good faith effort” to coordinate replacement with the customer to minimize disturbances.
AMWA CEO Diane VanDe Hei was quoted in an October 10 news release from EPA stating, "[AMWA] has been involved with the Lead and Copper Rule since its inception and values all the work that EPA has done to decrease the risk of lead and copper to public health. The proposed revisions are an important next step and AMWA supports EPA’s efforts to address this complicated issue. AMWA looks forward to working with EPA to best protect the health of the millions of people that depend on their local public utilities for safe and reliable drinking water.”
AMWA established a work group to help develop the association’s comments. Any member who would like to join this group should contact Stephanie Hayes Schlea, AMWA’s manager for regulatory and scientific affairs.