Limiting Lead in Public Water Supplies: An Overview of the U.S. Environmental Protection Agency’s Regulatory Actions

Limiting Lead in Public Water Supplies: An Overview of the U.S. Environmental Protection Agency’s Regulatory Actions

March 8, 2023
Limiting Lead in Public Water Supplies: An Overview of the
U.S. Environmental Protection Agency’s Regulatory Actions
Exposure to lead can be harmful to human health,
public water system compliance with drinking water
particularly children’s health, even at low levels. Lead’s
regulations (42 U.S.C. §300g-2). All states (except
adverse health effects have resulted in continued efforts to
Wyoming and the District of Columbia) and U.S.
reduce exposure to lead including through drinking water.
territories, and the Navajo Nation have primacy. EPA
Lead primarily enters drinking water after the treated water
directly oversees public water systems in nonprimacy areas
leaves the plant, when lead can leach into drinking water
and retains oversight of primacy states. Primacy states or
from certain plumbing materials or pipes. A 2008 study
tribes are required to adopt and enforce regulations at least
funded by the American Water Works Association
as stringent as EPA rules, provide technical assistance to
(AWWA) Research Foundation and the U.S. Environmental
public water systems, conduct inspections of systems, and
Protection Agency (EPA) estimated the contribution of
maintain records and compliance data, among other duties.
potential sources of lead in drinking water. Under
laboratory conditions, lead pipes or service lines (LSL)
1991 Lead and Copper Rule
were the major contributor to lead levels in water,
Among its actions to limit lead in drinking water, in 1991
contributing an average of 50%-75% of the lead measured.
EPA issued the Lead and Copper Rule (LCR). (Outlined
Thus, controlling corrosion of pipes or LSLs continues to
here are water system requirements for lead, only.) The
be the primary method to keep lead from entering water.
LCR replaced a drinking water standard for lead of 50 parts
per billion (ppb) measured at the water treatment plant. As
Congress has used several approaches under the Safe
discussed above, lead primarily enters water after it leaves
Drinking Water Act (SDWA) to limit exposure to lead
the plant. Accordingly, the rule required community water
through drinking water. These include limiting the lead
systems (CWSs) to perform an initial survey of the
content of plumbing materials and fixtures, and authorizing
materials that comprised their distribution systems. This
EPA to regulate contaminants, such as lead, in public water
information enabled CWSs to target tap-water monitoring
supplies. Further, SDWA directed EPA to establish public
at homes and other locations expected to be at higher risk of
notification and education requirements for lead and a
lead contamination. The LCR established an action level at
number of grant programs with various objectives, such as
15 ppb for lead. If more than 10% of tap water samples
lead reduction projects, lead testing in water at schools and
exceed the rule's action level, then a CWS has a system-
childcare programs, and removing lead-lined drinking water
wide action level exceedance, and the CWS is required to
coolers from schools. Also, the Infrastructure Investment
take treatment technique actions. These actions include
and Jobs Act (IIJA; P.L. 117-58) provides $3.0 billion for
optimizing corrosion control; public education; water
each of FY2022-FY2026 for the Drinking Water State
quality parameter monitoring; source water treatment; and,
Revolving Fund (DWSRF) for LSL replacement projects
in some cases, LSL replacement.
and related activities.
The 1991 LCR did not require full LSL replacement. It
This In Focus provides a timeline of EPA’s actions
required CWSs that have optimized corrosion control and
(including planned actions) to establish and update a
still exceeded the action level to replace at least 7% of their
drinking water regulation for lead. For a broader discussion,
LSLs annually until the action level is not exceeded for two
see CRS Report R46794, Addressing Lead in Drinking
consecutive six-month monitoring periods. Under the 1991
Water: The Lead and Copper Rule Revisions (LCRR).
rule, CWSs could use sample results from the next
monitoring period to “test out” of the 7% requirement if the
Safe Drinking Water Act
system-wide action level was not exceeded.
Enacted in 1974, SDWA authorizes EPA to regulate
contaminants in public water supplies (42 U.S.C. §300g-1).
EPA reports that drinking water exposures to lead declined
SDWA regulations apply to public water systems, which
significantly following the implementation of the 1991
can be owned and operated by public entities (e.g.,
LCR, “resulting in major improvements to public health.”
municipalities and local governments) or private entities
Though the agency noted that “there is a compelling need to
(e.g., homeowner associations and investor-owned utilities).
modernize and improve the rule by strengthening its public
SDWA requires EPA to review and revise, as appropriate,
health protections and clarifying its implementation
each drinking water regulation every six years, and requires
requirements to make it more effective and more readily
that any revisions maintain or provide for increased public
enforceable” (86 Federal Register (FR) 4198-4200).
health protection (42 U.S.C. §300g-1(b)(9)).
2007 Short-Term Revisions to the LCR
SDWA authorizes states and tribes to assume primary
EPA initiated a comprehensive review of the 1991 LCR in
responsibility (primacy) for oversight and enforcement of
2004, after detection of widespread elevated lead levels in
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Limiting Lead in Public Water Supplies: An Overview of the U.S. Environmental Protection Agency’s Regulatory Actions
tap water in Washington, DC, raised concerns over the
exceedance. Among other changes, the LCRR includes a
LCR's effectiveness and implementation. Some widely
trigger level at 10 ppb that would require water systems to
recognized issues associated with the LCR included (1)
take treatment, monitoring, and public notification actions
variability of tap-water monitoring protocols; (2) clarity and
when the trigger level is exceeded; clarifies tap sampling
effectiveness of corrosion control requirements to prevent
procedures and adjusts prioritized monitoring sites; requires
lead from leaching into water; (3) adequacy of public
water systems to include elementary schools and child care
notification and reporting requirements; (4) LSL
facilities in tap monitoring plans; adds requirements for
replacement requirements, practices, and costs; and (5)
water systems to inventory LSLs, and develop plans to
overall complexity of the rule, which may affect its
replace LSLs; and implements provisions added by the
implementation and enforcement. After the detections in
Water Infrastructure Improvements for the Nation (WIIN)
Washington, DC, EPA undertook a national review of the
Act (P.L. 114-322) by requiring public notification within
LCR, and determined that certain short-term regulatory
24 hours of a system-wide lead action level exceedance.
revisions were needed. In 2007, EPA issued short-term and
intermediate clarifications to address source water or
Upcoming Changes to the LCRR
treatment changes, monitoring, customer awareness, and
On December 17, 2021, EPA announced its intent to
LSL replacement (72 FR 57781-57820).
propose a new rule called the Lead and Copper Rule
Improvements (LCRI) to further revise the LCRR (86 FR
EPA worked with states, water utilities, and others to
71574-71582). EPA outlines several objectives for LCRI.
develop comprehensive “long-term” LCR revisions. In
Citing the IIJA appropriations for LSL replacement, EPA
2013, Congress requested that the National Drinking Water
states that an objective of its proposal is the replacement of
Advisory Council (NDWAC) make recommendations to
all LSLs as quickly as feasible. In addition, EPA stated that
EPA for LCR revisions (42 U.S.C. §300g-6 note). NDWAC
the agency intends to strengthen tap sampling procedures in
is required to advise, consult, and make recommendations
the LCRI. In addition, EPA stated that it is reevaluating the
to EPA on SDWA activities and policies (42 U.S.C. §300j-
action and trigger levels, and considering how to prioritize
5). Around the same time, elevated lead levels detected in
protections for “historically disadvantaged communities.”
tap water in Flint, MI, raised concerns about the LCR’s
implementation and effectiveness. In 2015, NDWAC urged
Timeframes and Other Considerations
EPA to revise the rule to: establish a proactive LSL
SDWA regulations generally take effect three years after
replacement program and encourage CWSs to include such
promulgation. The LCRR requires water systems to be in
costs in their capital improvement programs; strengthen
compliance by October 16, 2024. Regarding the LCRI,
public education requirements; strengthen corrosion control
EPA stated its intent to propose and finalize these revisions
requirements to include a requirement that water systems
before the LCRR’s compliance deadline of October 16,
review updated EPA guidance; modify monitoring
2024 (86 FR 71578). As outlined by EPA, the LCRI intends
requirements to provide for consumer requested samples
to revise specific requirements of the LCRR.
and to use samples to inform consumer actions, inform
health agencies, and review corrosion control; establish a
As the October 2024 compliance deadline approaches,
health-based household action level that triggers a report to
uncertainty exists for some water systems and primacy
the consumer and local health agency; increase water
states given EPA’s intent to revise some LCRR
quality parameter monitoring; and establish additional
requirements in the LCRI. In acknowledgment, EPA states
compliance and enforcement mechanisms.
that it would revise deadlines for the portions of the LCRR
that would be significantly changed in the LCRI. EPA
2021 LCR Revisions (LCRR)
states that such requirements would include developing a
In November 2019, EPA proposed comprehensive LCR
LSL replacement plan and a tap sampling plan. However,
revisions based on the NDWAC recommendations, and
the agency states that the October 16, 2024, deadline will
solicited comment (84 FR 61684-61774). EPA finalized the
remain for particular portions of LCRR, including the
LCR revisions (LCRR) on January 15, 2021, with an
requirement to develop a LSL inventory.
effective date of March 16, 2021 (86 FR 4198-4312).
Revisions to the LCRR may affect compliance costs for
Also in January 2021, the Biden Administration issued a
water systems. Under both the 1991 LCR and the 2021
memorandum directing executive agencies and departments
LCRR, LSL replacement is required under specific
to consider postponing for 60 days from January 20, 2021,
circumstances. EPA notes that one LCRI objective is to
the effective date of rules published in the Federal Register
replace LSLs as quickly as feasible. IIJA appropriations
that had yet to enter into effect, to allow the Administration
dedicated to LSL replacement projects may help offset LSL
to review such rules. On June 16, 2021, EPA announced
replacement costs. EPA’s timelines for the LCRI indicate
that the agency would extend the effective date of the
that any changes to LSL replacement requirements would
LCRR to December 16, 2021, and require CWSs to be in
be finalized after the initial two fiscal years of IIJA
compliance by October 16, 2024 (86 FR 31939-31948).
appropriations. Over this time, CWSs would likely be
taking actions required to comply with the LCRR, but may
In the LCRR, EPA retained the LCR’s treatment technique,
have to wait to see what changes EPA finalizes in the
and revised several of the rule’s requirements. The LCRR
LCRI.
does not require full LSL replacement, but revises the LSL
replacement rate and procedures for CWSs with optimized
Elena H. Humphreys, Analyst in Environmental Policy
corrosion control that have a system-wide action level
IF12341
https://crsreports.congress.gov

Limiting Lead in Public Water Supplies: An Overview of the U.S. Environmental Protection Agency’s Regulatory Actions

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