Leading the Way: Keeping Your Community LCRR Compliant and Informed

from 2022 AWBD Spring Journal

2022 PFIA Training

Your district may be able to wait to comply with the Lead and Copper Rule Revisions (“LCRR”) that went into effect December 16, 2021, but we suggest water districts act now. Directors should speak with their lawyers, engineers, operators, and financial advisors to prepare for these changes.

The Lead Up. The Lead and Copper Rule is not new, which is good news for newer communities. Communities built before the early 1990s will have greater potential compliance issues. Congress passed the Safe Drinking Water Act in 1986, banning lead in on-premises plumbing and required the Environmental Protection Agency (“EPA”) to develop lead and copper rules. In 1991, the first Lead and Copper Rules went into effect, setting limits on lead and copper constituents in drinking water systems. The EPA revised these rules in 1996, 2000, and 2007. Then in 2014, the Flint, Michigan Water Crisis brought national attention to the dangers of lead in drinking water.

The EPA announced in 2019 that it would develop the LCRR. Compliance with the LCRR will require a more meticulous approach than the previous Lead and Copper Rule. Texas water districts will know substantially more about how to implement the LCRR after the Texas Commission on Environmental Quality (“TCEQ”) releases its draft LCRR implementation rules later this year. After the LCRR went into effect in December 2021, the EPA then announced that it intends to release new Lead and Copper Rule improvements after the LCRR goes into effect in 2024. Consequently, water districts will need to stay attentive.

Old Lines. Communities built before 1986 are more likely to have lead pipes and fixtures and will need to spend more time and effort on LCRR compliance than newer communities. Communities that have detected lead in the past, even if under the 15 parts per billion (“ppb”) action level, are much more likely to hit the new trigger level of 10 ppb, especially with the new sampling requirements. By October 16, 2024, water districts must inventory service lines, verify the line material, noting any lead service line, and make the inventory information available to the public.

Triggered. The LCRR will require water systems to identify locations most likely to have elevated levels of lead and then test those areas most likely to show elevated lead levels. The LCRR standardizes testing requirements and requires water utilities to request tests inside homes and buildings. These testing changes make it more likely that water systems will find samples that meet or exceed the trigger level.

Water systems that exceed the trigger level will need to meet additional testing and inventory requirements. Water districts with lead service lines will need to organize contracting and financial resources to respond quickly because the district must complete replace-

ment of a service within 45 days of the date the landowner completes a line replacement. After exceeding the trigger levels, districts must also reconsider their corrosion control plan.

Schooling the Community. The LCRR requires water systems to test all schools and child-facilities for lead levels within five years. AWBD’s experts suggest that you test these sites sooner and coordinate with them ahead of time. AWBD’s experts also suggest that you educate your community early—utilities are in a better provide good information early rather than attempt to correct rumors later. The LCRR requires water utilities to develop communication plans resources to share with residents, including health information, “financing solutions”, and landowner options online replacement. By 2024, communities with lead service lines, including galvanized pipe, and other types of lead fixtures will have to develop replacement plans by 2024, but these plans can take a decade or more to implement. Communities with replacement plans will also have more stringent replacement requirements.

Getting the Gist. While not required, many industry experts are already recommending geographic information system (“GIS”) based project management software. The GIS software can track the service line inventory, track testing/sampling requirements and results, helping ensure and demonstrate compliance. Stay Tuned. For more information, please see AWBD’s 2022 Midwinter Program, Getting the Lead Out, which goes into more depth and is a good starting point to start thinking through. AWBD will continue to provide more information and resources on LCRR at Summer Conference and through the AWBD Pipeline. H