Safe Drinking Water Act (SDWA): Proposed Lead and Copper Rule Improvements (LCRI)

Safe Drinking Water Act (SDWA): Proposed Lead and Copper Rule Improvements (LCRI)

February 27, 2024
Safe Drinking Water Act (SDWA): Proposed Lead and Copper
Rule Improvements (LCRI)
Concerns about lead’s adverse health effects, particularly
Congress has used several approaches under SDWA to limit
on children, continue to drive efforts to reduce lead
exposure to lead through drinking water. These include
exposure through drinking water. Some water pipes, called
limiting the lead content of plumbing materials and fixtures;
service lines, that connect water mains to residences and
establishing public notification and education requirements;
buildings may be made from lead. These lead services lines
and authorizing grant programs for lead reduction projects,
(LSLs) are one potential source of lead exposure. A 2008
testing for lead in water at schools and child care programs,
study funded by the American Water Works Association
and removing lead-lined drinking water coolers from
(AWWA) Research Foundation and the U.S. Environmental
schools. Also, the Infrastructure Investment and Jobs Act
Protection Agency (EPA) estimated that, under laboratory
(IIJA; P.L. 117-58) provides $3.0 billion for each of
conditions, LSLs were the major contributor to lead levels
FY2022-FY2026 for the Drinking Water State Revolving
in tap water, contributing an average of 50%-75% of the
Fund (DWSRF) for LSL replacement projects and related
lead measured. Controlling corrosion of pipes, including
activities. CRS Report R47717, Lead Service Lines (LSLs)
LSLs, continues to be the primary method to keep lead
Replacement: Funding Developments contains more details.
from entering tap water, for reasons discussed below.
Lead and Copper Rulemakings
In December 2023, EPA proposed a rulemaking that the
In 1991, EPA issued the Lead and Copper Rule (LCR). The
agency calls the Lead and Copper Rule Improvements
LCR replaced a previous rule that set a drinking water
(LCRI; 88 Federal Register [FR] 84878). EPA’s proposal
standard for lead of 50 parts per billion (ppb) measured at
follows promulgation of the Lead and Copper Rule
the water treatment plant. Lead primarily enters water after
Revisions (LCRR) in 2021, a long-term effort to revise the
it leaves the treatment plant as it travels through the
1991 Lead and Copper Rule (LCR) (86 FR 4198). CRS
distribution system to the water tap. If the water has
Report R46794, Addressing Lead in Drinking Water: The
corrosive properties, lead can leach from lead-containing
Lead and Copper Rule Revisions (LCRR), contains further
pipes, plumbing materials, and fixtures (e.g., faucets)
details on these rules. EPA’s LCRI would revise several
present in the distribution system and plumbing.
LCRR requirements and would expand certain
requirements, including replacement of all LSLs. This In
To address this potential outcome, EPA developed the
Focus discusses the existing drinking water regulations for
LCR, which requires water systems to sample water at the
lead, selected elements of the proposed LCRI, and potential
tap rather than at the treatment plant. The LCR does not
implementation challenges. (Water system requirements for
include an enforceable standard; rather, the LCR establishes
lead, rather than for copper, are outlined below.)
a treatment technique that is triggered when the lead “action
level” is exceeded. The LCR’s lead action level is 15 ppb,
Safe Drinking Water Act (SDWA)
based on the 90th-percentile level of lead in tap water
EPA promulgates its lead and copper rules under the Safe
samples. An exceedance of the action level is not a
Drinking Water Act (SDWA), which authorizes EPA to
violation of the rule but triggers “treatment technique”
regulate contaminants in public water supplies (42 U.S.C.
actions that a water system is required to take.
§300g-1). SDWA regulations apply to public water
systems, which can be owned and/or operated by public or
If more than 10% of a water system’s samples exceed 15
private entities (e.g., investor-owned utilities and
ppb—called a “system-wide exceedance”—the system is
homeowner associations). SDWA requires EPA to review
required to take actions that depend on the system’s size
and revise, as appropriate, its regulations every six years,
and corrosion control treatment (CCT) status. The required
and it requires that any revisions maintain or provide for
enforceable treatment technique actions include (1) CCT
increased public health protection (42 U.S.C. §300g-
optimization, (2) water quality parameter monitoring, (3)
1(b)(9)). CRS Report R46652, Regulating Contaminants
source water monitoring, (4) LSL replacement, and (5)
Under the Safe Drinking Water Act (SDWA), further
public notification and education.
discusses SDWA regulations.
In 2004, EPA initiated a comprehensive review of the 1991
SDWA authorizes states and tribes to assume primary
LCR, issuing short-term and intermediate clarifications to
responsibility (primacy) for oversight and enforcement of
the rule in 2007 (72 FR 57782). EPA worked with states,
water system compliance with EPA’s regulations (42
water utilities, and others to develop comprehensive “long-
U.S.C. §300g-2). Except for Wyoming and the District of
term” LCR revisions, which the agency issued in 2021. In
Columbia, all states, U.S. territories, and the Navajo Nation
the 2021 LCRR, EPA retained the LCR’s treatment
have primacy. EPA directly oversees water systems in
technique and revised several of the rule’s requirements
nonprimacy areas and retains oversight of primacy states.
(86 FR 4198). Also in 2021, EPA stated its intent to
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Safe Drinking Water Act (SDWA): Proposed Lead and Copper Rule Improvements (LCRI)
propose a new rule, the LCRI, to further revise the LCRR
service line. Further, the LCRI would require water
(86 FR 71574).
systems’ plans to include a strategy for communicating with
customers and prioritizing replacement. Water systems
Lead and Copper Rule Improvements
would be required to develop and publish their plans in a
In December 2023, EPA proposed the LCRI. The proposed
publicly accessible manner within three years of the LCRI’s
rule would revise several aspects of the 2021 LCRR. These
finalization.
revisions include changes to tap sampling procedures and
locations; requirements for CCT based on other LCRI
LSL Replacement Within 10 Years
changes; public notification and education regarding service
Unlike previous rules, the LCRI would require LSL
line replacement and other topics; school and child care
replacement regardless of whether a system had an action
sampling requirements; and water quality parameter
level exceedance. EPA’s LCRI would require systems to
monitoring requirements. Further, the LCRI would expand
replace, within 10 years, LSLs and “galvanized requiring
requirements for primacy states, requiring them to report
replacement” (GRR) service lines (i.e., galvanized service
data on service line replacement activities. Selected LCRI
lines that are or ever were downstream of an LSL). Water
changes are discussed below.
systems would be required to replace all LSLs and GRR
lines under “control” of the water system. The LCRI
Reduced Action Level
estimates that 96%-99% of all water systems would feasibly
The 2021 LCRR retains the 1991 LCR’s lead action level of
be able to comply with this requirement, and the LCRI
15 ppb and adds a “trigger level” at 10 ppb. The trigger
proposes to allow states to establish shorter time frames, if
level requires water systems to take actions that are
feasible. As is required by SDWA, EPA finds that the
intended to enable them to respond more quickly if their
proposed rule, including this requirement, is affordable for
system subsequently exceeds the action level. The LCRI
larger water systems, citing examples of state initiatives in
proposes to eliminate the trigger level and reduce the lead
Michigan, Rhode Island, New Jersey, and Illinois for 100%
action level to 10 ppb. A system-wide exceedance of the
LSL replacement.
LCRI’s reduced lead action level would then require a
system to take treatment technique actions. In addition,
EPA proposes criteria to evaluate which systems would be
water systems with three or more system-wide action level
eligible to defer replacing all LSLs past the 10-year time
exceedances in a five-year period would be required to take
frame. One criterion is based on the number of LSLs or
further actions, such as providing water filters to customers.
GRR lines relative to the households served by the system.
This ratio is intended to assess whether a water system has
Service Line Inventories
sufficient financial resources from customers’ water bills to
The LCRI proposes new requirements for water systems’
cover replacement costs. If the ratio were to exceed the
service line inventories. The 1991 LCR required water
LCRI’s estimated per-household replacement rate, then a
systems to perform an initial survey of the materials that
system would be eligible for a deferral. The other criterion
composed their distribution systems, which informed tap
is whether the system would have to undertake more than
water sampling locations. The rule did not require water
10,000 replacements per year to meet the time frame. If so,
systems to update their initial surveys. The 2021 LCRR
then a system would be eligible for a deferral.
requires water systems to inventory their service lines by
October 2024 and update them annually or triennially.
Eligibility for Small System Flexibilities
Systems serving more than 50,000 people must also post
The 2021 LCRR provides certain compliance flexibilities to
their inventories online. Under the LCRR, systems are
small water systems that serve 10,000 or fewer people. The
required to identify if service lines are made of lead,
LCRI would revise the threshold to be eligible for these
galvanized or other nonlead material, or unknown material.
flexibilities, making them available to systems serving
The LCRI would not change the 2021 LCRR’s initial
3,300 or fewer individuals. About 81% of water systems
inventory but would require changes in updated inventories.
serve 3,300 or fewer people. These smaller systems serve
about 7.6% of the total population served by water systems.
Among the changes, the LCRI would require water systems
to update inventories annually. Further, water systems
Implementation Considerations
would be required to include connectors in their inventory,
If finalized, the LCRI would expand requirements for water
as well as provide the street addresses of service lines and
systems to replace LSLs, among other requirements. As
connectors in a publicly accessible manner. Water systems
communities are still locating LSLs, the scope of these
would be required to identify all service line materials in
requirements’ effects remains to be seen. Through IIJA,
their inventory within 10 years of the LCRI’s effective date.
Congress specifically dedicated $15 billion to these
Water systems would be required to validate the material of
projects, yet the scale of investment needed is unclear. In
nonlead lines within seven years of that date.
2023, EPA estimated that there are roughly 9.2 million
LSLs nationwide, and that the cost to replace them would
Replacement Plans
range from $50 billion to $80 billion (2021 dollars). As
The 2021 LCRR requires water systems with LSLs or
water systems complete their inventories, increased
service lines of unknown material to develop LSL
attention maybe paid to the proposed LCRI and potential
replacement plans. The LCRI proposes to revise the
compliance costs.
requirements of such plans. Under the LCRI, as part of a
replacement plan, a water system would be required to
Elena H. Humphreys, Analyst in Environmental Policy
identify any state or local laws or water tariff provisions
IF12598
that limit a water system’s ability to replace the entire
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Safe Drinking Water Act (SDWA): Proposed Lead and Copper Rule Improvements (LCRI)

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https://crsreports.congress.gov | IF12598 · VERSION 1 · NEW