EPA announces plans to update the lead and copper rule for drinking water

EPA white paper on Lead and Copper Rule could mean higher costs for counties with water facilities

 

The Environmental Protection Agency (EPA) released a white paper on its Lead and Copper Rule (LCR), Oct. 26, opening the door for revisions to the 25-year-old rule and possible increased costs for the counties that own or operate drinking water facilities and infrastructure.

Over the past several years, EPA has been studying ways to revise the LCR and has held several briefings with its state and intergovernmental partners to discuss options. However, the recent lead contamination crisis in Flint, Mich., has prompted the agency to move toward a final rule.

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White Paper on EPA Lead and Copper Rule

EPA’s white paper lays out several specific areas of the LCR that may be changed. Potential revisions include improving lead service line (LSL) replacement requirements. EPA noted that much of the discussion over revisions has revolved around mandatory, proactive LSL replacement. The current rule only requires LSL replacement after tests show lead levels above 0.015 parts per million (ppm) and also allows for partial replacement in lieu of full replacement.

Lead and copper contamination, which often seeps into drinking water through plumbing materials, can cause serious health problems ranging from stomach pain to permanent brain damage.

Under the Safe Drinking Water Act, EPA issues drinking water regulations that either establish a maximum contaminant level or prescribe treatment techniques. The LCR is considered a treatment technique rule since it requires water systems to sample tap water to determine what actions need to be taken in order to reduce exposure. Since there is no safe level of lead contamination, EPA has set a maximum contaminate level goal of zero. In practice, the LCR requires that action be taken to reduce contamination if tests reveal lead levels above 0.015 ppm or copper levels above 1.3 ppm.

Because LSL replacement would likely take decades to finish and be very expensive, corrosion control treatment (CCT) requirements are expected to remain a key element of a revised LCR. EPA is considering strengthening CCT requirements to improve clarity, reduce uncertainty, broaden the application of the rule to small and medium systems (those serving fewer than 50,000 people) and require more proactive application of CCT.

EPA is also considering establishing a “health-based benchmark” to strengthen protection. The agency is currently conducting research to further understand the relationship between lead levels in drinking water and blood lead levels. EPA may use this research to inform notification and public education requirements, risk mitigation efforts and identification of priority areas.

Additionally, EPA is looking at ways to clarify and strengthen sampling requirements. Citing the challenges associated with implementing sampling procedures — residents collect samples themselves, and some have argued that the current rule allows too much discretion in sampling methods — EPA signaled that a revised LCR may include more prescriptive sampling requirements.

An official proposed rule is not expected until 2017.

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For more information, contact: Julie Ufner, associate legislative director for the environment, at jufner@naco.org or 202.942.4269.