One of the largest water industry organizations in the United States filed a petition for review of the U.S. Environmental Protection Agency’s (USEPA) the Lead and Copper Rule Improvements (LCRI). The American Water Works Association (AWWA) filed on December 13th in the U.S. Court of Appeals for the District of Columbia Circuit. AWWA made the move two months after USEPA announced the final LCRI, giving water systems three years to educate themselves about the requirements in the LCRI and to prepare for the changes.
AWWA CEO David LaFrance released a statement listing the organization’s concerns about the implementation of the LCRI following the filing of the petition for review. AWWA’s concerns include the approach to lead service lines on private property because the LCRI requires water systems to replace lead service lines (as well as galvanized lines requiring replacement) when a water system controls those lines. The AWWA statement says, “The LCRI presumes that a water system ‘controls’ a lead service line when it has ‘access’ to that line. Under the Safe Drinking Water Act, access does not equal control. By attempting to define access and control as one and the same, the LCRI effectively expands the definition of a public water system to include private property and makes water utilities responsible for issues on private property they cannot necessarily address. This interpretation sets a precedent that deserves careful examination.”
The AWWA statement continues by saying the LCRI poses significant affordability challenges, citing an AWWA-sponsored study found the cost of replacing lead service lines nationwide could top $100 billion, and most of these costs will fall to consumers through higher water bills. Additionally, the LCRI’s requirement to replace all lead service lines and galvanized lines requiring replacement by 2037 is not feasible according to the AWWA, due to significant financial, logistical, and personnel challenges.
Though the AWWA has filed the LCRI petition for review, the USEPA deadlines for the LCRI remain effective. The first deadline for the LCRI is November 1, 2027. AE2S reviewed the LCRI deadlines and devoted part of our Perspectives and Insights section of AE2S.com to outlining the first three years of LCRI compliance and the requirements that apply from 2027 to 2037.