On Oct. 8, the U.S. Environmental Protection Agency (EPA) released the final Lead and Copper Rule Improvements (LCRI) which changes the lead drinking water sampling process, lowers allowable lead limits and sets a replacement timeline for all lead service lines.
This final LCRI builds on the original Lead and Copper Rule (LCR) from 1991 and the Lead and Copper Rule Revisions (LCRR) finalized in 2021. Public water systems must comply with both the LCR and some provisions of the LCRR until the new LCRI compliance date, which is November 1, 2027.
Communities will then transition away from the LCR to both the LCRR and the LCRI. This post outlines key requirements for local governments and public water systems as they work toward compliance.
Compliance with the LCRR
The LCRR carries a compliance date of Oct. 16, 2024. Key requirements include:
Initial Inventory and Public Notification
Public water systems and non-transient non-community water systems (like schools) were required to provide an initial inventory of lead service lines to states by Oct. 16, 2024. The initial inventory must be publicly accessible and contain information about known lead service lines, galvanized service lines that currently are or ever were downstream of lead or unknown service lines (referred to as “galvanized requiring replacement” or GRR) and unknown service lines.
Local governments must notify consumers within 30 days of submitting the initial inventory about the status of their service line material and health effects, followed by annual notifications.
Two fact sheets from EPA (here, PDF) and (here, PDF) provide an overview of the inventory and notification requirements.
Tier 1 Public Notification Following a Lead Action Level Exceedance
Beginning Oct. 16, 2024, exceeding the lead action level requires Tier 1 public notification. While the action level remains at 15 parts per billion (ppb) under the LCRR, the notification timeline changes to within 24 hours of the exceedance.
EPA provides an overview fact sheet (PDF) as well as a template for Tier 1 notification.
Compliance with the LCRI
The LCRI carries a compliance date of November 1, 2027. At that time, the following requirements will take effect.
Baseline Inventory
All water systems must update their LCRR initial inventory to create a baseline inventory of all service lines and connectors in the distribution system regardless of ownership status and intended use. The baseline inventory will inform a replacement plan, which must be publicly accessible, available online for systems serving more than 50,000 people and updated annually.
Ultimately, local governments will have to identify the material of all unknown lines and replace them if necessary. Lines with unidentified materials must also be replaced.
The baseline inventory must include non-lead lines, and water systems with these must validate their classification.
Lead Service Line Replacement
The LCRI requires replacement of all lead and GRR service lines under a water system’s control within 10 years after the compliance date, regardless of testing results. Systems must replace lines at an average annual rate of 10 percent, unless granted a shortened or extended deadline.
There is a limited exception for systems with a high proportion of service lines requiring replacement: systems that would have to annually replace more than 39 service lines per 1,000 service connections are eligible for an extended deadline if approved by the state.
The rule outlines a water system’s “control” and “access” to private-side lead service lines: “where a water system has access (e.g., legal access, physical access) to conduct full lead or GRR service line replacement, the service line is under its control, and the system must replace the service line.”
Water systems without access to conduct full service line replacement are not required to do so but must document the reasons why.
Furthermore, where property owner consent is required for service line access, systems must make a reasonable effort (at least four attempts via two different methods) to engage property owners about full service line replacement.
Tap Sampling Procedures and Monitoring
The LCRI updates tap sampling protocol, requiring systems to collect first- and fifth-liter tap samples at sites with lead service lines and use the higher value for compliance. These sample values represent water that has been stagnant within buildings and within the service line.
Water systems must start (or continue) standard monitoring by the compliance date if they have lead or GRR service lines, with future monitoring based on sampling results.
Lead Action Level Exceedance
The LCRI reduces the lead action level to 10 ppb and maintains the LCRR requirement for Tier 1 public notification within 24 hours after the water system learns of the exceedance. When a water system exceeds the lead action level, it is required to bolster corrosion control treatment and conduct public education. Systems that exceed the lead action level three or more times in a five-year period must do additional public outreach and make filters available.
Public Education and Outreach
The LCRI public education requirements encourage customer participation in full service line replacement. The LCRI changes message content and frequency and mandates that information about lead in drinking water be more accessible to consumers, including renters and individuals with limited English proficiency.
Small System Flexibilities
The LCRI offers flexibilities to small systems serving 3,300 persons (down from 10,000), as well as all non-transient non-community water systems, for action level exceedances, tap sampling, corrosion control treatment and public education.
Resources and Upcoming Opportunities
- Prioritizing Equity and Public Health: Collaborative Strategies for Lead Pipe Replacement: Prioritizing equity in lead service line replacement is crucial for ensuring all residents have access to safe drinking water. This blog discusses strategies for equitable replacement practices.
- Register for an EPA webinar for drinking water utilities and professionals on Thursday, Nov. 14, at 11 a.m. EST, covering LCRI requirements and the implementation timeline.
- The EPA WIIN Grant: Reducing Lead in Drinking provides $35 million to assist disadvantaged communities and schools with removing sources of lead in drinking water. The funding opportunity closes Dec. 30.
NLC will continue to provide resources for local leaders to effectively implement and comply with the LCRI, including a forthcoming resource brief in early 2025.
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