Revisions to the Lead and Copper Rule and its Local Implications
The reality is that our drinking water distribution system is old and in desperate need of repair. It seems that a solution is around the corner, but the way it is implemented has the potential to level the playing field or further tip the imbalance. We need a call to action for our local officials to apply pressure on water treatment systems to be transparent about their plans for developing an inventory and updating water distribution lines.
According to the USEPA, it is estimated that there are between 6 – 10 million lead service lines in the country. The Flint, Michigan drinking water crisis in 2014, during which high levels of lead were found in drinking water, rightfully sparked national outrage and condemnation because it overwhelmingly affected children, the poor, and minority communities. The Lead and Copper Rule (LCR) published by the USEPA in 1991 was designed to prevent tragedies like the one in Flint. The LCR requires water distributions systems (e.g., your local water supplier) test at regular intervals for lead and copper at the tap of those homes/businesses most likely to have higher lead concentrations. Those results are then compared to the USEPA’s action level of 0.015 milligrams per liter (mg/L) for lead and 1.3 mg/L for copper. If 10 percent of those samples exceed the action level, distribution systems are required to perform public education and lead service line replacement. One of the failures in the Flint sampling protocol appeared to be discarding of several samples for miscellaneous reasons in order to assert that the system did not violate the LCR. The consequences of that decision were dire.
An exciting change is that the LCR was revised in December 2020 to require lead and copper sampling be conducted at schools and childcare facilities. Surprisingly, this was not in the earlier iteration of the rule. Additionally, the USEPA will require distribution systems develop inventories (through field excavations, permits, documents, etc.) of lead service lines (including ancillary information like whether the line is galvanized or contains lead goosenecks or pigtails) and large system serving greater than 50,000 people will be mandated to put that information online so that it is generally accessible to the public.
The benefits of this cannot be overstated, in the future, the public will be able to verify that tap water monitoring samples are being collected from the places it should be, i.e., no cherry-picking of locations with sparkling new plumbing designed to deliver the best results. Under the LCR, an initial inventory must be submitted to the USEPA by 16 October 2024.
So what does this mean in terms of getting the pipes out of the ground? One of the milestone achievements of the 2021 Bipartisan Infrastructure Law (BIL) is $15 billion in dedicated funding through the Drinking Water State Revolving Fund (DWSRF) for lead service line identification, planning, design, and replacement. The BIL mandates that 49 percent of funds provided through the DWSRF be provided as forgivable loans or grants to disadvantaged communities. The USEPA has issued guidance specifically encouraging water systems not to wait until their inventories are complete before conducting lead service line replacements.
Communities that were developed after the passage of the 1986 Safe Drinking Water Act Lead Ban are unlikely to have the same needs are older communities. Inventories should clearly prioritize locations that where children are present and there should be an element of income-based prioritization. The USEPA maintains an environmental justice tool (EJScreen) that combines environmental and demographic factors to show the communities that stand to benefit the most. The BIL has given us an opportunity to make an indelible impact on the future health of our residents and with us watching, we can ensure those resources are distributed equitably.
