FAQ: Lead And Copper Rule Revisions
by Ramona Huckstep, Jeff Biberdorf and Sara Pringer
The following are responses to frequently asked questions. The answers are not intended as legal advice and are not a substitute for consulting with your legal counsel. According to a national report, Missouri has among the highest number of lead pipes in the nation. The Natural Resources Defense Council estimates there are at least 330,000 lead pipes supplying tap water into Missouri homes and other buildings - the sixth highest of any state. More durable and flexible than iron, lead was often the material of choice for water pipes, particularly in the early 1900s. Some cities, such as Chicago, even took it a step further and mandated the use of lead pipes in building codes. Though the federal government banned lead pipes more than 30 years ago, many water systems and utilities have yet to replace them. Lead is a powerful toxin with wide-ranging, often insidious effects on human health. Even in small quantities, it can cause heart and kidney disease, fetal miscarriages and premature birth. In children, lead exposure can permanently damage the brain and nervous system and lead to behavioral problems. According to the National Resources Defense Council, many cities have adjusted their water pH or added special anticorrosion chemicals to keep lead from leaching into the water. Unfortunately, changes in water chemistry or physical disturbances to pipes during construction can release lead in drinking water. “As long as you have that lead pipe in the ground, it is essentially a ticking time bomb; it is going to go off at some point,” staff with the National Resources Defense Council stated. However, it will all be changing in the next several years. On Dec. 16, 2021, the U.S. Environmental Protection Agency (EPA) announced that the Lead and Copper Rule Revisions will go into effect to support the development of actions to reduce lead in drinking water. Due to these new regulations, water utilities will be required to report information on their lead service lines, both on the public and private side. These reports, known as lead service line inventories, will need to be submitted by the compliance deadline of Oct. 16, 2024.
What is a Lead Service Line? According to the EPA definition, “Lead service line means a service line made of lead that connects the water main to the buying inlet. A lead service line may be owned by the water system, owned by the property owner, or both. For the purpose of this subpart, a galvanized service line is considered a lead service line if it ever was or is currently downstream of any lead service line or service line of unknown material.”
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What if my municipality does not have lead service lines? Due to the new requirements, regardless if your municipality does not have lead service lines, you will still be required to create and validate a lead service line inventory.
What are some key changes included in the Lead and Copper Rule Revisions? 1. Lead Service Line Inventory: • Utilities must compile and manage an inventory of public and private portions of all service lines within their service area by 2024. • Submission recurrence is now based on a system’s monitoring compliance schedule and the first inventory must be submitted within three years (or otherwise prove you do not have lead service lines). • Inventories must be made publicly available, and each customer serviced by a lead service line or a line with unknown material must be notified annually. 2. Water Sampling: • A first- and fifth-liter draw and analysis for any home served by a lead service line is now required. • The Tier List will be based on the lead and service line inventory and all Tier 1 samples must be collected from any home served by a lead service line. • A new “find and fix” provision requires a second look at homes with high lead levels. 3. Testing for Schools and Childcare Facilities • Utilities must sample 20% of elementary schools and 20% of all childcare facilities in the service area each year. • Secondary school sampling must also be provided, when requested. • Results and public education must be provided to each sampled facility, primary agency and health department. 4. Public Communication • Any customer with an individual sample result greater than 15 parts per billion must be notified within 72 hours. • After all monitoring round samples are in, consumers must be notified within 24 hours if the 90th percentile levels are greater than 15 parts per billion. • Lead service line inventory information must be made public and included in the Consumer Confidence Report. • Systems must provide public education materials when doing mandatory lead service line replacement • With municipal populations over 50,000, the data must be available online. With municipal populations under 50,000, the data must be available upon request.
