AE2S is Advanced Engineering and Environmental Services

Lead and Copper Rule

On October 7, 2024 EPA issued the final Lead and Copper Rule Improvements (LCRI) to strengthen the original Lead and Copper Rule and the Lead and Copper Rule Revisions (LCRR). The LCRI makes significant changes to the Lead and Copper Rule (LCR) and the LCRR on how water systems deal with lead. The compliance date for the LCRI is November 1, 2027.

EPA is giving water systems 3 years to learn the requirements in the LCRI and to prepare for the changes.
EPA still required water systems to submit their initial service line inventory by October 16, 2024 as required under the LCRR. They were also required to deliver initial notification to customers who have unknown, lead, or galvanized requiring replacement service lines. Moving forward water systems must continue to comply with the pre-2021 LCR and a few requirements under the LCRR between October 16, 2024 and November 1, 2027, the LCRI compliance date which will be discussed below.


The major changes under the LCRI include all lead and certain galvanized service lines must be replaced by December 31, 2037. Beginning on November 1, 2027 the lead action level is reduced from 0.015 mg/L to 0.010 mg/L. Revise the lead sampling procedure by adding additional sampling Tiers and require first and fifth liter samples for lead. Increase public education and strengthen corrosion control treatment.

Now that the LCRI has been promulgated, we have a better understanding of what portions of each rule will make up the final Lead and Copper Rule requirements.

Perspectives and Insights > Lead and Copper Rule Improvements

To allow water systems to prepare for the LCRI, EPA is giving water systems 3 years to review and understand the new rule. EPA admits the rule is complicated and both water systems and states will need to become educated on the new requirements. During the initial three year compliance period the following will stay the same from the original LCR:

  • Maintain the Action Level for lead at 0.015 mg/L and copper at 1.3 mg/L.
  • Maintain the same LCR sampling sites, process for obtaining new sites, and Tier levels.
  • Maintain the same compliance schedule.
  • All samples are first draw and analyzed for lead and copper.
  • Maintain corrosion control treatment.

What is changing during the 3-year period from 2024 through 2027:

  • Tier 1 public notification for lead action level exceedance (0.015 mg/L lead) is required.
  • Develop baseline inventory to include connectors and submit by Nov 1, 2027.
  • Develop service line replacement plan.
  • Use revised health effects language in customer notifications.
  • Provide annual reporting and certification to primacy agency.

It should be noted that the Lead Service Line Replacement risk mitigation requirements are voluntary during the first 3 years.

Service Line Replacement Plan Requirements


All systems with at least one lead, GRR, or unknown service line must develop the
service line replacement plan by the compliance date of November 1, 2027. The plan includes the elements from the LCRR as well as two new elements:
  1. A strategy for determining the composition of lead status unknown service lines in its inventory;
  2. A procedure for conducting full lead service line replacement;
  3. A strategy for informing customers before a full or partial lead service line replacement;
  4. A procedure for customers to flush service lines and premise plumbing of particulate lead;
  5. A lead service line replacement prioritization strategy based on factors including but not limited to the targeting of known lead service lines, lead service line replacement for disadvantaged consumers and populations most sensitive to the effects of lead;
  6. 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;
  7. A strategy to inform customers; and consumers (persons served) about the plan and replacement program.
  8. An identification of any legal requirements or water tariff agreement provisions that affect a system’s ability to gain access to conduct full service line replacement.

Baseline Inventory Requirements

The baseline inventory is a modified version of the initial service line inventory and will include all information collected for the initial service line inventory plus information collected on connectors.

 

The baseline inventory must include a summary of the total number of lead, GRR, unknown, non-lead service lines, lead connectors, and connectors of unknown material.

 

All water systems must review system records for any information on the use and type of connectors in the construction of the service line and record the data in the baseline inventory spreadsheet.

 

The connector material must be categorized in the following manner:

  • Lead, non-lead, unknown, and no connector present.
  • The baseline inventory must be updated annually and submitted to the primacy agency.

A word on standard monitoring requirements for the LCRI

If a system collects lead and copper samples using the new LCRI sampling protocol earlier than November 2027 and the 90th percentile lead results are less than 0.010 mg/L, they may not have to go to standard monitoring beginning in 2028.  The LCRI sampling protocol includes but is not limited to samples collected from the new Tier levels, first and fifth liter sampling, and using wide mouth bottles.   If the system exceeds the action level for lead or copper, the system must begin standard monitoring after November 1, 2027.  See LCRI Compliance – 2027 and Beyond for a discussion on monitoring requirements. Check with your primacy agency prior to modifying your next LCR sampling event for additional details and approval.

Lead and Copper Resources

The Update news regarding US water related legislative news
The Update is a monthly newsletter exclusively focused on U.S. water news, encompassing regulatory compliance and political developments.

Lead and Copper Articles from The Update

RSS LCRR – The Update – AE2S
  • What the Final Lead and Copper Rule Improvements Mean for Water Systems October 30, 2024
    The final Lead and Copper Rule Improvements (LCRI) rule was announced a few days before the Lead and Copper Rule Revisions compliance date of October 16, 2024. The U.S. Environmental Protection Agency (USEPA) is giving water systems three years to learn the requirements in the LCRI and to prepare for the changes. The final LCRI […]
  • LCRR Public Notifications Deadline October 30, 2024
    Now that most service line inventories have been completed and submitted, water systems must send notification letters by November 15th to customers with unknown service line materials and service lines containing lead or galvanized steel requiring replacement. The November date is 30 days after the October 16th Lead and Copper Rule Revisions (LCRR) deadline to […]
  • LCRR Deadline Fast Approaching – When Will the LCRI Be Finalized? October 3, 2024
    The water industry is anxiously awaiting the finalization of the Lead and Copper Rule Improvements (LCRI) by the U.S. Environmental Protection Agency (USEPA). Originally expected to be released prior to the Lead and Copper Rule Revisions (LCRR) deadline of October 16, 2024, industry experts expect the LCRI to be announced by the end of the […]
  • LCRR Deadline Looms, USEPA Provides Public Notification Templates August 25, 2024
    There are just a few weeks until the Lead and Copper Rule Revisions (LCRR) October 16, 2024, deadline. Water systems must submit their initial service line inventories by that date or as required by individual States. Starting on October 16, water systems have 30 days to notify customers with unknown service line materials and service […]
  • New Fact Sheet Outlines LCRR Requirements  May 1, 2024
    The Lead and Copper Rule Revisions (LCRR) deadline is now just five months away. The LCRR applies to all public water systems, regardless of size. The U.S. Environmental Protection Agency (USEPA) published a fact sheet in April to affirm the following requirements that must be completed by the LCRR deadline of October 16, 2024:  The […]
  • Proposed Lead and Copper Rule Improvements Published December 5, 2023
    On the last day of November, the U.S. Environmental Protection Agency (USEPA) announced the much-awaited proposed Lead and Copper Rule Improvements (LCRI). The water industry has been watching and waiting for the proposed changes to be released as water systems simultaneously work towards compliance with the Lead and Copper Rule Revisions (LCRR) deadline of October […]
More articles
Drinking Water Practice - AE2S
Nate Weisenburger, PE, P Eng, ENV-SP
(406) 268-0626

Learn How AE2S Can Help You On The Journey To Compliance

Perspectives and Insights > Lead and Copper Rule Revisions

The US Environmental Protection Agency (EPA) finalized the Lead and Copper Rule Improvements (LCRI) on October 30, 2024. The LCRI builds on the existing Lead and Copper Rule (LCR) and the Lead and Copper Rule Revisions (LCRR). The compliance date is November 1, 2027, so EPA is giving water systems 3 years to learn the requirements in the LCRI and to prepare for the changes. Beginning in November 2027, the LCRI will take effect with the following major requirements:

The major changes to the LCR and LCRR

1. Reduce the lead action level from 0.015 mg/L to 0.010 mg/L.

  • The copper action level will remain unchanged at 1.3 mg/L.
  • The lead trigger level of 10 µg/L promulgated under the LCRR will be eliminated.
  • Systems whose 90th percentile for lead or copper is above the action level will require actions such as installing or re-optimizing corrosion control treatment, public education, and Tier 1 notification (lead exceedances only)
.
  • The revised lead action level of 0.010 mg/L will take effect starting in 2028.

2. Mandatory full lead service line replacement of all lead service lines (LSL) and galvanized requiring replacement (GRR) under the water systems control.

  • Full LSL and GRR must be replaced by December 31, 2037.
  • Require an average annual replacement rate of 10 percent.
  • States may set a faster replacement rate where feasible.
  • Only full LSL Replacement count towards replacement rate.
  • Systems must make a minimum of 4 attempts to engage property owner about full service line replacement
  • Criteria are available to take more than 10 years for LSL and GRR replacement:
  • System must provide pitcher filters and 6-months of replacement cartridges to each customer after replacement and before service line is returned to service. Also offer to collect lead tap sample within 3 to 6 months after replacement.
  • 
All systems must replace their portion of the LSL within 45 days (up to 180 days with state approval) if notified customer replaced their portion.
  • Lead connectors must be replaced when encountered.
  • The system’s replacement pool must be calculated and updated annually.
  • Replacement pool will include all LSL, GRR, and unknown service lines.
  • Provide counts of LSL and GRR service lines replaced each year to the primacy agency.

3. Inventory Validation

Systems must validate the accuracy of their non-lead service lines by December 31, 2034.
  • Validation pool includes all service lines except those installed after the applicable Federal, State, or local lead ban.
  • Random sample of service lines in the inventory to achieve a 95% confidence level. If less than 1,500 non-lead service connections in validation pool must validate 20%.  Greater than 1,500 non-lead service lines in validation pool must validate between 322 and 384 sites.
  • Validation will include a visual inspection of two (2) points on the line.
  • Must report to the state any non-lead classified lines which are found to be lead or GRR in the inventory.
  • Systems may submit previous validation efforts to the state for approval if they are as stringent as the LCRI requirements.
 Must complete validation by December 31, 2034.

4. Sampling for Lead and Copper

  • Systems sampling at lead service line sites must take first- and fifth-liter paired samples for lead.
  • Both samples must be analyzed for lead.
  • The first draw sample is analyzed for copper.
  • The higher of two lead values is used in the 90th percentile calculation.
  • Prioritize collecting samples from sites served by lead service lines.
  • First-liter samples will be collected in homes without lead service lines.
  • Removes installation date requirement for copper pipes with lead solder.
  • 
Systems will revert back to standard monitoring starting in 2028**.

*
* See discussion under “The First Three Year to Compliance – 2024 through 2027

Public Education / Public Outreach

The following Public Education materials are required:

  • The mandatory lead health effects language is revised
  • Revised health effects language must be provided in all public notification and public education materials
  • If system serves large proportion of non English speaking consumers, all educational material must contain a statement in the appropriate language stating importance of the material and where translated copies may be obtained.
  • 
Systems must deliver lead and copper sampling results to consumers who sampled within 3 business days after receiving the results.
  • If the lead action level is exceeded, the following must be performed:
    • Issue a Public Notification within 24 hrs of learning of the exceedence.
    • Provide public education materials to all bill paying customers and every service connection within 60 days.
    • If action level is exceeded 3 times in a 5 year period, additional public outreach must be performed plus make filters available to all consumers
    • Offer to sample the tap for lead for any consumer with a lead, GRR, or unknown service line who requests it.

The following public outreach materials are required:

  • Notify consumers annually if they are served by a lead, GRR, or unknown service line.
  • Provide public education materials to consumers on the lead service line replacement program if the action level for lead is exceeded.

  • Provide public education materials to consumers during water-related work that may disturb lead, GRR, or unknown services lines within 24 hours or before the services line is returned to service.
  • Provide filters to consumers for disturbances to lead, GRR, or unknown services lines caused by replacement of water meter, water meter setter, connector or water main.
  • Provide notification within 45 days to affect residences of possible elevated short term lead levels when system replaces their portion of a lead or GRR service line.
  • Provide public outreach to customers if system does not  meet required lead service line replacement rate.

Corrosion Control Treatment

Systems who exceed the lead action level of 0.010 mg/L must do the following:

  • If the water system has no installed corrosion control treatment they must install corrosion control treatment.
  • If the water system has corrosion control treatment, they must re-optimize their corrosion control treatment.
  • If system has removed all lead and GRR service lines and exceed lead AL, must re-optimize corrosion control again.
  • Systems less than 3,300 persons and all non-transient non-community water systems can select from options under small system flexibility within the rule.

LCRI Compliance Schedule

Direct Transition from the LCRR to the LCRI

 

LCRI compliance timeline

Lead and Copper Resources

The Update news regarding US water related legislative news
The Update is a monthly newsletter exclusively focused on U.S. water news, encompassing regulatory compliance and political developments.

Lead and Copper Articles from The Update

RSS LCRR – The Update – AE2S
  • What the Final Lead and Copper Rule Improvements Mean for Water Systems October 30, 2024
    The final Lead and Copper Rule Improvements (LCRI) rule was announced a few days before the Lead and Copper Rule Revisions compliance date of October 16, 2024. The U.S. Environmental Protection Agency (USEPA) is giving water systems three years to learn the requirements in the LCRI and to prepare for the changes. The final LCRI […]
  • LCRR Public Notifications Deadline October 30, 2024
    Now that most service line inventories have been completed and submitted, water systems must send notification letters by November 15th to customers with unknown service line materials and service lines containing lead or galvanized steel requiring replacement. The November date is 30 days after the October 16th Lead and Copper Rule Revisions (LCRR) deadline to […]
  • LCRR Deadline Fast Approaching – When Will the LCRI Be Finalized? October 3, 2024
    The water industry is anxiously awaiting the finalization of the Lead and Copper Rule Improvements (LCRI) by the U.S. Environmental Protection Agency (USEPA). Originally expected to be released prior to the Lead and Copper Rule Revisions (LCRR) deadline of October 16, 2024, industry experts expect the LCRI to be announced by the end of the […]
  • LCRR Deadline Looms, USEPA Provides Public Notification Templates August 25, 2024
    There are just a few weeks until the Lead and Copper Rule Revisions (LCRR) October 16, 2024, deadline. Water systems must submit their initial service line inventories by that date or as required by individual States. Starting on October 16, water systems have 30 days to notify customers with unknown service line materials and service […]
  • New Fact Sheet Outlines LCRR Requirements  May 1, 2024
    The Lead and Copper Rule Revisions (LCRR) deadline is now just five months away. The LCRR applies to all public water systems, regardless of size. The U.S. Environmental Protection Agency (USEPA) published a fact sheet in April to affirm the following requirements that must be completed by the LCRR deadline of October 16, 2024:  The […]
  • Proposed Lead and Copper Rule Improvements Published December 5, 2023
    On the last day of November, the U.S. Environmental Protection Agency (USEPA) announced the much-awaited proposed Lead and Copper Rule Improvements (LCRI). The water industry has been watching and waiting for the proposed changes to be released as water systems simultaneously work towards compliance with the Lead and Copper Rule Revisions (LCRR) deadline of October […]
More articles
Drinking Water Practice - AE2S

Nate Weisenburger, PE, P Eng, ENV-SP
(406) 268-0626

Learn How AE2S Can Help You On The Journey After Compliance