In older homes and buildings, lead can leach from service lines, solder, and fixtures into tap water and become a significant source of lead exposure. In children, lead exposure can cause irreversible and life-long health effects – including decreasing IQ, focus, and academic achievement. 1
The 1991 Lead & Copper Rule
The Safe Drinking Water Act (SDWA) of 1974 authorized the United States Environmental Protection Agency (EPA) to set enforceable standards to reduce contaminants in drinking water.
The EPA promulgated the first Lead & Copper Rule (LCR) in 1991 to reduce lead and copper in drinking water. The LCR is the U.S. standard for regulating lead and copper in drinking water for the almost 70,000 public water systems. The rule does not apply to private water systems.
According to the EPA’s current administrator, Andrew Wheeler, the 1991 rule had several deficiencies. The old rule required only one percent of utilities to replace lead pipes as a result of an action level exceedance. The old LCR also allowed up to 48 months to pass before corrosion control was in place after a water system exceeded the action level. It also failed to require all systems to test for lead in drinking water in their elementary schools or childcare facilities. 2
The Revised LCR
The revised rule announced by EPA in December 2020 – which became effective December 16, 2021 – was the first major update to the agency’s LCR in nearly 30 years.
“This new Lead and Copper Rule will protect children and families from exposure to lead in drinking water,” said Wheeler. “For the first time in nearly thirty years, this action incorporates best practices and strengthens every aspect of the rule, including closing loopholes, accelerating the real world pace of lead service line replacement, and ensuring that lead pipes will be replaced in their entirety.” 2
Improvements Under the New Rule
Using science-based testing to better locate elevated levels of lead in drinking water
The new LCR requires water systems to follow improved tap sampling procedures that will better locate elevated levels of lead in drinking water. A new “fifth liter” sampling requirement was added, which captures lead that can enter drinking water from a lead service line (LSL) – a lead pipe that connects tap-water service between a water main and house/building. Under the new rule, a sampler must draw four liters of water before collecting a test sample so that the water is more likely to come from the lead service line and not the internal plumbing of a building. 4
Establishing a trigger level to jumpstart mitigation earlier and in more communities
The new LCR has the same action level of 15 parts per billion (ppb) or micrograms per liter (µg/l), however a “trigger” level of 10 ppb was added to help ensure remedial action – including additional testing, planning and monitoring – is initiated at a lower level. 4
Driving more and complete lead service line replacements
To ensure homes with the highest potential for elevated lead levels are targeted, water systems must collect samples at homes with lead service lines. If there are no LSLs, systems must collect samples from other leaded plumbing. When an individual sample at a home exceeds 15 ppb, systems must conduct follow-up sampling as part of a find-and-fix process to identify sources of lead and actions to reduce lead in the drinking water. 4
Requiring testing in elementary schools and childcare facilities
An important aspect of the new rule is the focus on elementary schools and childcare facilities, where children spend much of their time. The new LCR requires not only testing in these facilities, but also more timely response in reducing lead levels in these facilities. 4
Requiring water systems to identify and make public the locations of lead service lines
Under the new rule, water systems are required to identify and make public the locations of LSLs. By providing thorough and transparent information on where LSLs exist, communities can make informed decisions to reduce lead exposure. Additionally, residents with a known or potential LSL will be notified and receive information about steps they can take to reduce their exposure to lead in drinking water. 4
Considering Impacts of the Revised LCR
“It is true that the revisions will be expensive to implement, particularly in communities with a great deal of older housing and higher numbers of lead service lines,” said Steve Via, American Water Works Association’s (AWWA) director of federal relations. “Community water systems will face the most extensive new requirements under the revised rule and, as public entities, will have to fund many of the rule requirements through water rates.” 3
“The rule requires systems to provide the state with ‘a funding strategy for conducting lead service line replacements which considers ways to accommodate customers that are unable to pay to replace the portion they own,’” Via said. “EPA notes that there is some funding for full lead service line replacement available through federal grant & low-interest loan programs.” 3
Conclusion
The health hazards associated with lead and copper in water are well known. Hopefully the implementation of the revised EPA LCR will reduce the levels in water systems across the U.S. and improve the safety of our most sensitive citizens.
The revised final rule was published on January 15, 2021, at 86 FR 4198 – with an effective date of December 16, 2021 and a compliance date of October 16, 2024.1
For more information on the new LCR visit: https://www.epa.gov/ground-water-and-drinking-water/final-revisions-lead-and-copper-rule.
Additional Resources from HETI
HETI’s Certified Industrial Hygienists, Professional Engineers and Environmental Specialists are available to assist clients with a variety of services to help assess and/or characterize the safety of both private and public water systems. Additionally, HETI is prepared to provide recommendations for compliance with the new LCR.
References:
1 Revised Lead and Copper Rule, US EPA
2 EPA Finalizes Historic Action to Better Protect Children’s Health, US EPA
3 EPA Announces Final Lead and Copper Rule (awwa.org)
4 lcr_overview_fact_sheet_12-21-2020_final.pdf