On December 6, 2023, the U.S. Environmental Protection Agency (EPA) published its proposed Lead and Copper Rule Improvements (the “Improvements”) (EPA-HQ-OW-2022-0801). The Improvements seek to reduce lead and copper exposure in drinking water for adults and children. The proposed rule revises the National Primary Drinking Water Regulation for these two elements under the Safe Drinking Water Act. The Improvements further simplify and build on the EPA’s 2021 Lead and Copper Rule Revisions and the original 1991 Lead and Copper Rule.
The EPA estimates that drinking water accounts for at least 20 percent of an individual’s total exposure to lead. Lead enters drinking water when plumbing materials containing lead corrode, especially in areas where water has high acidity or low mineral content. Lead pipes, faucets, and fixtures are among the most common sources of lead in drinking water. Lead pipes, in particular, are found in older cities and homes built before 1986. While exposure to lead can result in adverse health effects for people of all ages, pregnant women, infants, and young children are among the most vulnerable to harmful health effects. Some health consequences of lead exposure include brain and kidney damage, behavioral and cognitive effects in children, and cancer. Similar to lead, excess copper intake is toxic and can cause health effects such as acute gastrointestinal conditions.
The EPA has emphasized several key provisions formulated to reduce lead and copper in drinking water. Among these measures is a mandatory replacement of lead service lines under the control of a water system. Water systems with known or potential lead service lines are required to prepare replacement plans by the replacement deadline, estimated to be feasible for 96-99 percent of community water systems serving 3,300 or fewer people. Additionally, water systems will be required to regularly update their inventories and identify the unknown materials used in all service lines, with initial lead service line inventories due by October 16, 2024. Further, the Improvements will require strengthened tap sampling procedures by gathering samples from the first and fifth liters at sites with lead service lines, using the higher value for compliance assessment. Lastly, the EPA proposes reducing the lead action level from 0.015 mg/L to 0.010 mg/L, triggering public notification and mandating the distribution of certified lead-reducing filters for systems exceeding this level three or more times in a five-year period.
There is resistance by advocacy groups to finalize the Improvements. Their concerns include EPA’s federal funds not adequately covering expenses for small water systems, as the average cost to fully replace a single lead service line is $10,000. Other concerns include small water systems passing the cost of compliance to the communities and an unrealistic deadline for a 10-year requirement for these smaller systems.
A public hearing for comments on the proposed rule was held on January 16, 2024, and the public comment period closed on February 5, 2024. EPA expects to finalize the rule before October 16, 2024.
Article by: Molly Donnell, 1L, IU McKinney School of Law
member center
