The LCRR Compliance Deadline has Passed-What is Next?

Posted: November 20th, 2024

Authors: Tia G.

On October 8^th, the Biden Administration finalized the rule for Lead and Copper Rule Improvements (LCRI). This came just 8 days before the October 16^th compliance deadline for the Lead and Copper Rule Revisions (LCRR). Under the LCRR an initial lead service line inventory (LSLI) was required for all community water systems (CWS) and non-transient non-community water systems (NTNCWS).

So, what does this mean for water supplies?

Just like the LCRR all CWS and NTNCWS are subject to this new rule. As a reminder from our LCRR blog, a NTNCWS is a public water system that regularly supplies water to at least 25 of the same people for at least six months per year. Some examples are schools, factories, office buildings, and hospitals which have their own water systems. Public Water Systems (PWS) will still be subject to the LCRR until the compliance date of the LCRI.

While there are some things that remain the same between the LCRR and LCRI, there are critical changes to note that may affect your system and facility.

Key differences between the LCRR and LCRI¹

LCRR	LCRI
Service Line Inventory
Initial inventory of all service lines with location identifiers as well as material composition. If all lines are identified as non-lead, then annual updates to the inventory are not needed.	All systems must review specified information that describes connector materials and locations and include each identified connector in their baseline inventory by the LCRI compliance date. If systems categorized their service lines as non-lead for other reasons than installation after state lead ban, they must validate the accuracy of their methods no later than seven years after the compliance date by the end of the calendar year unless on a shortened or deferred deadline, including visually inspecting at a minimum of two points on the pipe exterior.
Lead Service Line Replacement (LSLR)
All systems with at least one lead, galvanized requiring replacement (GRR), or unknown service lines must develop an LSLR plan by October 16, 2024, which must include a strategy to prioritize service line replacement All systems NTNCWS that select LSLR as their compliance option must complete LSLR within 15 years if 90^th percentile (P90) lead concentration is greater than 0.015 mg/L.	The plan includes the elements from the LCRR as well as two new elements: (1) a strategy to inform customers and consumers (persons served) about the plan and replacement program and (2) an identification of any legal requirements or water tariff agreement provisions that affect a system’s ability to gain access to conduct full lead service line replacement. The plan must be updated annually to include any new or updated information and submitted to the State on an annual basis Replacement program requirements are independent of systems’ P90 lead levels. All CWSs and NTNCWSs with one or more lead, GRR, or unknown service line in their inventory must be replaced. Lead and GRR service lines under their control within 10 years, unless subject to a shortened or deferred deadline. Systems must replace service lines at a cumulative average annual rate of 10 percent, unless subject to a shortened or deferred deadline.
Action Level (AL) and Trigger Level (TL)
Defines lead TL as P90 > 0.010 mg/L and triggers additional planning, monitoring, and treatment requirements. P90 level above lead AL of 0.015 mg/L or copper AL of 1.3 mg/L requires more actions. Lead AL exceedance requires three percent full LSLR, optimized corrosion control treatment (CCT) installation or re-optimization, public education (PE), and public notification (PN) within 24 hours. TL exceedance requires goal-based LSLR, and steps taken towards CCT installation or re-optimization.	Removes the lead TL. P90 level above lead action level of 0.010 mg/L or copper action level of 1.3 mg/L requires actions including installing or re-optimizing CCT, and PE as well as Tier 1 PN (for lead action level exceedances). Mandatory full service line replacement of lead and GRR service lines are independent of P90 lead levels.
Small System Flexibility
Allows NTNCWSs to implement an alternate compliance option to address lead with State approval. Systems with lead P90 > 0.010 mg/L recommend CCT, LSLR, provision and maintenance of point of-use (POU) devices, or replacement of all lead bearing plumbing materials. If the system’s P90 lead level > 0.015 mg/L, the system must implement the compliance option.	Allows NTNCWSs with P90 levels > lead action level and ≤ copper action level to conduct the following actions in lieu of CCT requirements to address lead with State approval: Choose a compliance option: (1) provision and maintenance of POU devices or (2) replacement of all load bearing plumbing materials. Removes the compliance option to conduct LSLR in 15 years. Maintains option for systems following CCT requirements: With CCT: Collect WQPs and evaluate compliance options and OCCT. No CCT: Evaluate compliance options and CCT
Public Notification
If P90 > lead action level: Systems must notify consumers of P90>action level within 24 hours (Tier 1 PN). Tier 2 PN required for violations to § 141.80 (except § 141.80(c)) through § 141.84, § 141.85(a) through (c) and (h), and § 141.93. Tier 3 PN required for violations to § 141.86 through § 141.90.	If P90 > lead action level of 0.010 mg/L: LCRR Tier 1 PN requirements apply, but for the LCRI action level of 0.010 mg/L. Tier 2 PN required for violations to § 141.80 (except § 141.80(c)) through § 141.84, § 141.85(a) through (c) (except § 141.85(c)(3)) and (h) and (j), and § 141.93. Tier 3 PN required for violations to § 141.86 through § 141.90 and § 141.92. Water systems must provide updated lead health effects language in PN.

¹ ^{https://www.federalregister.gov/documents/2024/10/30/2024-23549/national-primary-drinking-water-regulations-for-lead-and-copper-improvements-lcri}

Next Steps

Water systems must comply with the LCRI three years after promulgation of this final rule, which is November 1, 2027. In accordance with SDWA section 1412(b)(10), the Administrator, or a State (in the case of an individual system), may allow up to two additional years to comply with a treatment technique if the Administrator or State (in the case of an individual system) determines that additional time is necessary for capital improvements. Starting in November 2027, systems must begin mandatory service line replacement programs that must be completed within 10 years for most systems. Systems must also begin conducting the improved tap sampling and if their tap sampling results show they exceeded the action level, systems may be required to install new or re-optimized corrosion control treatment.

ALL4 can help facilities comply with the current LCRR regulations and prepare you for the upcoming LCRI regulations. If you have any questions, please contact Tia Gross at tsova@all4inc.com or 989.402.3665.