Breaking Down the Latest Lead and Copper Rule: Key Changes and Impacts

The Environmental Protection Agency (EPA) has finalized the Lead and Copper Rule Improvements (LCRI), a critical regulatory update to strengthen protections against lead exposure in drinking water. Building upon the original Lead and Copper Rule (LCR) of 1991 and its subsequent revisions in 2021 (LCRR), the LCRI establishes stricter requirements for lead service line replacement, enhanced tap sampling methods, and more comprehensive public education initiatives.

The final LCRI represents a significant step forward in safeguarding public health. This article explores its key changes, compliance deadlines, and broader implications for water systems, consumers, and communities.

Key Changes in the Final LCRI

The LCRI strengthens regulatory oversight in five critical areas:

1. Accelerating Lead Pipe Replacement

The final rule mandates the full replacement of all lead and galvanized requiring replacement (GRR) service lines within a 10-year period. Water systems must replace a minimum average of 10% of their lead service lines annually (based on a three-year rolling average), ensuring a steady pace toward full compliance. Unlike previous regulations, partial replacements are no longer permitted, and utilities must take proactive steps to replace the entire service line. 

2. Enhanced Inventory and Transparency Requirements

Water utilities were expected to create and maintain publicly accessible inventories of service line materials by the October 16, 2024 compliance deadline. This included identifying and categorizing all unknown service lines. The LCRI emphasizes community engagement by encouraging residents to access information about potential lead risks in their drinking water.

3. Improved Tap Sampling Protocols

A significant revision in the LCRI is the adoption of a more stringent tap sampling process. Water systems must now collect both first- and fifth-liter samples, using the higher value to determine compliance. This approach better captures lead concentrations from service lines and plumbing, leading to more accurate assessments of public exposure.

4. Lowering the Lead Action Level

One of the most impactful changes in the LCRI is the reduction of the lead action level from 15 parts per billion (ppb) to 10 ppb. This lower threshold triggers earlier and more aggressive mitigation efforts, including corrosion control treatment and expedited lead service line replacement.

5. Strengthened Consumer Protections and Public Education

The final rule introduces new public education requirements to ensure that consumers are informed about lead and copper risks. Water systems must:

• Provide clear explanations of health risks associated with lead and copper.
• Offer guidance on reducing exposure.
• Report sample results within three days of testing.
• Supply certified lead-reducing filters in areas with persistently high lead levels.

These efforts aim to increase transparency and empower consumers to proactively protect their health.

The LCRI includes several critical deadlines that water systems must meet:

• Full Compliance Deadline: Water systems must start to comply with LCRI requirements by the end of 2027 (three years from the rule’s promulgation on October 16, 2024). Systems requiring significant infrastructure upgrades may apply for a two-year extension, pushing the deadline to the end of 2029.
• Lead Service Line Replacement Deadline: All lead and GRR service lines must be replaced within 10 years (2037), with a minimum replacement rate of 10% annually.
• Tap Sampling and Monitoring: Water systems must conduct biannual tap sampling with paired first—and fifth-liter samples taken from high-risk locations.
• Public Education Initiatives: Whenever lead action levels exceed 10 ppb, utilities must promptly distribute enhanced public education materials and consumer notices.

The Role of Copper in Water Infrastructure

As communities work to eliminate lead service lines, copper remains the preferred material for replacement. Recognized for its durability, safety, and sustainability, copper has been widely used in plumbing systems for over a century. Key advantages include:

• Corrosion Resistance: Copper naturally resists corrosion, preventing contaminants from leaching into drinking water. It is also resistant to high pressure, stress, UV rays, and disinfectants, minimizing the risk of failure.
• Bacterial Resistance: Unlike some alternative materials, copper is impermeable and inhibits microbial growth, reducing the risk of waterborne diseases.
• Longevity and Reliability: Copper service lines have a lifespan of over 50 years, making them a cost-effective solution for long-term infrastructure improvements.
• Recyclability: Copper is 100% recyclable, supporting environmental sustainability and reducing waste.

By prioritizing copper in lead service line replacement projects, communities can ensure a safe and resilient drinking water supply for future generations.

Addressing Implementation Challenges

While the LCRI establishes ambitious goals, challenges remain in achieving full compliance within the mandated timeframe. Concerns include:

• Supply Chain Constraints: While significant demand for materials and skilled labor exists, copper is readily available to meet the growing need for replacing lead pipes. Major copper fabricators like Cerro Flow, Mueller Streamline, and Cambridge-Lee Industries are well-positioned to meet the increased demand. These companies have invested heavily in enhancing production capacities and efficiency, ensuring that large-scale replacements can proceed without delays. The EPA is confident that market forces, supported by these efforts, will easily meet the demand for copper in pipe replacements.
• Funding and Affordability: Some utilities may struggle to finance large-scale replacement programs despite federal investments. Water systems will need to explore grants, low-interest loans, and public-private partnerships to bridge funding gaps. However, the Build America, Buy America (BABA) Act offers financial incentives for using domestically produced materials. Projects that opt for American-made copper can benefit from federal funding, making copper a safer and more economically viable choice for pipe replacements. 
• Public Awareness and Engagement: Educating the public about lead risks and the importance of replacement efforts is crucial for gaining community support. Utilities must engage with residents to explain the long-term benefits and address any concerns, ensuring smooth implementation and widespread cooperation. By fostering transparency and trust, utilities can help ensure the success of replacement programs.

A Landmark Step Toward Safer Drinking Water

The final Lead and Copper Rule Improvements mark a transformative moment in U.S. water policy. By accelerating lead service line replacement, enhancing public transparency, and strengthening consumer protections, the LCRI aims to significantly reduce lead exposure nationwide.

With strong regulatory backing and dedicated funding, water systems and communities can make lasting improvements to public health and infrastructure. As the industry moves forward, prioritizing safe and sustainable materials like copper will ensure that drinking water remains clean and safe for future generations.

To learn why copper is the right choice for water service lines, visit copper.org.