In Drinking Water, Uncategorized

Steps Toward Progress: The 2024 Lead and Copper Rule Improvements

If you’ve ever wondered about the quality of the drinking water coming out of your tap, you’re not alone. If everything is as it should be, the water will likely be safe to drink. Yet, this isn’t always the case. While drinking water systems are required to test that contaminant levels are below specific thresholds before their drinking water is distributed, contaminants that enter after, such as through aging pipes, infrastructure, and fixtures, offer a more difficult challenge to tackle. 

🔍 River Network keeps track of this topic (along with many other issues related to drinking water) and helps provide resources to keep the network informed and engaged. Some previous work includes a recent State Policy Showcase on Reducing Exposure to Lead in Schools and Child Care Centers, the State Policy Hub’s State Action on Lead and Copper and Addressing Lead in Water, as well as a letter writing campaign regarding the Environmental Protection Agency’s (EPA) proposed changes to the Lead and Copper Rule. 

So, here’s a quick recap of the Lead and Copper Rule (LCR). The 1986 amendment to the Safe Drinking Water Act (which is now celebrating its 50th anniversary) banned the installation of lead pipes for the delivery of drinking water. Later in 1991, the EPA published the LCR and set a maximum contaminant level goal (MCLG) of 0 parts per billion (ppb) for lead in drinking water. Research has shown that no level of lead in drinking water is safe; exposure can cause developmental delays, premature birth, decreased kidney functions, and more.

Rob Moore, principal of Scioto Analysis and co-author of a cost-benefit analysis of removing Ohio’s lead service lines, explains that “[lead] exposure from service lines has been found to lead to fatal heart disease, IQ loss, infant death, depression, coronary heart disease, anemia, dementia, and ADHD. Since the original LCR’s publication, updates and new regulations reflect gradual changes to reporting requirements and public education, among other improvements. 

💧 In honor of the Safe Drinking Water Act’s 50th anniversary on December 16, 2024, join us in celebrating the community advocates fighting for stronger public health standards to keep lead and other contaminants out of our drinking water.

What’s New? Recent Changes to the LCR 

Most recently, in October 2024, the EPA under the Biden-Harris administration issued the final Lead and Copper Rule Improvements (LCRI). The rule reduces the current action level (the contamination level at which remedial actions must be taken) from 15µg/L to 10µg/L. Importantly, it requires all lead service lines for most water systems to be replaced within 10 years. 

It also requires water systems to do the following: 

  • Conduct inventories to locate existing lead pipes,
  • Follow best practices for sampling water at taps,
  • Distribute water filters under certain circumstances, and
  • Communicate more clearly with the public.

These lower thresholds for action and stricter standards may help mitigate adverse health effects from consuming lead in drinking water. To date, it is the strongest rule related to lead in drinking water that the EPA has ever released. 

What Concerns Exist?

While many have praised the improvements made in this rule (for example, see this press release by Earthjustice), there is still work to be done to protect people’s health. One potential issue is that water systems could argue that they don’t have to replace lead pipes they deem outside of their control. Similarly, for renters, state laws need to clarify who can give approval for the removal of lead pipes on a property, especially in situations where a landlord is unavailable or hard to reach. Partial lead service line replacements could also occur, in which the line pipe is replaced up to the point it enters a home, and then it would be someone else’s responsibility to replacepresumably, the homeowner. 

An overarching concern with these examples is the question of who exactly pays for the pipe replacements. The LCRI does not require that water systems pay for the full replacement of the service line. Erik Olson, an expert on lead in drinking water with NRDC, wrote in further detail on the various pros and cons of the new rule. Regarding the distribution of costs, he explains,

“[this] raises environmental justice concerns because low-income homeowners are often unable to afford to pay for lead pipe removal, and landlords may refuse to do so […] too often, lower-income people will continue to drink water contaminated by lead pipes.

Similarly, American Water Works Association (AWWA) noted in their LCRI press release that they are concerned consumers will shoulder replacement costs through higher bills. The EPA estimates that lead pipe removals will benefit communities at a rate of up to 13 times greater than the annual cost. 

Meanwhile, another difficulty arises with school-aged children, who are especially vulnerable to the health impacts of lead, as no actions are required by the rule to mitigate exposure to lead in drinking water for schools and childcare centers. Water systems must reach out to these facilities if testing is available to them, but they have 5 years to complete 100% outreach, approximately 20% per year. No requirements exist to share sampling results with parents or teachers, either. A recent article by Environment North Carolina also points out that interior plumbing and fixtures, like drinking water fountains, play an outsized role in lead contamination. Currently, there is a total lack of federal regulations  addressing these additional, perhaps larger, lead contamination sources. 

Where We Stand

Despite its flaws, the LCRI is a strong step forward to protecting everyone’s health and wellbeing. In response to the final rule, River Network’s Drinking Water team made the following statement: “For decades, communities across the country have grappled with the legacy of lead pipes and the public health impacts they impose. We know that there’s no safe level of lead, and the improvements to the Lead and Copper Rule will move us towards a future where drinking water is safe for all. By ensuring most utilities replace their lead service lines within ten years, we have a more concrete timeline to improve drinking water quality. In the interim, vulnerable populations, such as children, still need additional protections to ensure their safety.” 

As we move into the next presidential administration, along with a new congressional makeup, more changes to the current administration’s LCRI may occur before its full implementation may begin. However, River Network is committed to long-term advocacy, and to you. We believe in clean, safe, and affordable drinking water for all, along with supporting our network of members in their own efforts to promote water equity.  

If you’re interested in learning more about the Lead and Copper Rule, the Safe Drinking Water Act, or simply how to voice your own drinking water needs, please check out our Drinking Water Guide, which now includes a self-paced training and shareable fact sheets. 

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