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.” 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.

What other changes are proposed related to the Lead and Copper Rule Revisions?

The EPA will announce details of the Lead and Copper Rule Improvements before the Oct. 16, 2024, compliance deadline, that will entail changes to the following rule aspects: • Lead service line replacement plans. • Compliance tap sampling protocols. • Action and trigger levels. • Prioritizing historically underserved communities.

How will these lead and copper projects be funded?

Projects such as line inventories and line replacement, can be funded under the Bipartisan Infrastructure Law (BIL). The law reauthorizes the Drinking Water State Revolving Fund capitalization grant allotment and expands the Drinking Water State Revolving Fund program with three new sources of supplemental funding in Federal Fiscal Years (FFY) 2022 through 2026. Missouri’s estimated Drinking Water State Revolving Fund allotment over the next five years is approximately $689 million. These funds will be split as follows for various uses: • Drinking Water State Revolving Fund base program –

FFY 2022 through 2026, approximately $174 million (approximately $28,520,386 for FFY 2022) • Drinking Water State Revolving Fund supplemental –

FFY 2022 through 2026, approximately $197 million (approximately $31,654,000 FFY 2022) • Drinking Water State Revolving Fund Lead Service Line

Replacement – FFY 2022 through 2026, approximately $251 million (approximately $49,848,000 for FFY 2022) • Drinking Water State Revolving Fund Emerging

Contaminants – FFY 2022 through 2026, approximately $67 million (approximately $13,293,000 for FFY 2022) Note: Water systems that wish to take advantage of this funding for lead service line revisions must complete their inventories by the Oct. 16, 2024, date to be eligible for the funding.

What are other available funding sources for water infrastructure (both clean water and drinking water)?

In addition to the Bipartisan Infrastructure Law, there are numerous other sources of funding to assist with infrastructure issues related to water. The Missouri Department of Natural Resources (MoDNR) provides subsidized loans and additional subsidization (grant and principal forgiveness loans) through the Clean Water and Drinking Water State Revolving Fund programs. The EPA provides financing through the Water Infrastructure Finance and Innovation Act Program. The U.S. Department of Agriculture – Rural Development has funds available through various programs in their agency. Community Development Block Grants administered through the Missouri Department of Economic Development (MoDeD) are another source of infrastructure funding. The American Rescue Plan Act (ARPA) is the newest source of funding and $2.6 billion was allocated by the federal government to the state of Missouri, as well as funds that were allocated to each county and each municipality in the state. The Governor’s budget recommendation appropriates $310 million in State ARPA funds to invest in Missouri’s water infrastructure through community grant programs administered by MoDNR. If appropriated by the General Assembly, MoDNR will offer four grant programs; wastewater, drinking water, storm water and lead service line inventories. Other state agencies are also awaiting the final decision by the legislature that hopefully will be made by mid-May and applications may be available by early summer of this year.

What should my municipality do first to come into compliance with the Lead and Copper Rule Revisions?

It is recommended that the first priority for a municipality that provides drinking water is to conduct an inventory of all water lines. Municipalities must develop a preliminary inventory of both public and private side service lines by the deadline. The compliance date for initial service line inventories to be submitted to the Missouri Department of Natural Resources is Oct. 16, 2024. The municipality will use this preliminary inventory to create a replacement plan for known or possible lead service lines. It is

Brownfield? Contaminated Site? Abandoned Property? Redevelopment Potential? If so... What resources are available to help my municipality with Lead and Copper Rule Revisions and future updates?

It is recommended that municipalities keep a watchful eye for additional information on the Lead and Copper Rule Revisions and Improvements on the EPA website. With regard to funding opportunities with the state of Missouri it is suggested to review the Office of Administration ARPA Toolkit at https:// oa2.mo.gov/ARPAtoolkits.

Contact us for a No-Cost Environmental Assessment of your Brownfield Property

recommended that inventories detail the following public and private information for a service line inventory that will stand the test of time and protect public health, per the Federal Code of Regulations 40 CFR 141.84(a)(4): • Lead. • Galvanized Requiring Replacement. • Non-lead. • Lead Status Unknown. Note: Lead pipes (that are not lead service lines), fittings and copper pipe with lead solder are considered premise plumbing (in home) and are not regulated for removal by the Lead and Copper Rule Revisions. Lead service lines and galvanized requiring replacement are regulated for removal by the Lead and Copper Rule Revisions.

Do not forget to check the Missouri Municipal League’s resources including a weekly newsletter called “The MML Weekly Voice"; the League’s website, www.mocities.com, that has related information on the One Stop, as well as specific pages on ARPA and grants; MissouriBrown elds.com MissouriBrownfields@dnr.mo.gov 573-526-8913 and webinars on topics associated with funding and environmental issues. Ramona Huckstep, policy and membership associate, MML Jeff Biberdorf, partnerships account manager, 120Water, 120water.com Sara Pringer, director, Water Protection Program’s Financial Assistance Center, Missouri Department of Natural Resources References Cites: Biberdorf, Jeff. Partnerships Account Manager, 120water.com, Lead and Copper Rule Revisions (presentation), Feb. 2022 National League of Cities, Lead and Copper Rule: What Cities Need to Know (presentation), March 2021 McKelvey School of Engineering, Missouri Has Hundreds Of Thousands Of Lead Pipes, Among The Highest In The U.S., July 26, 2021. Pringer, Sara. Sara Pringer, Director, Water Protection Program’s Financial Assistance Center, Missouri Department of Natural Resources. Feb. 2022.

Contract Hearing Officer for Missouri State Agencies and Political Subdivisions Daniel Jordan, Attorney and Counselor at Law

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