Look Ahead: Federal Water Regulations in 2024

As hydrologist Luna Leopold said, “Water is the most critical resource issue of our lifetime and our children’s lifetime. The health of our rivers and oceans is the principal measure of how we live on the land.”  With the ever-changing regulations surrounding water quality, it is important to remember ​​​​​that good water quality is essential to not only human health, but also the environment, agriculture, and the recreational value of waterways.

Keeping informed on changing regulations is always at the top of the list for ALL4. There are two major United States Environmental Protection Agency (U.S. EPA) water regulations that we are tracking for 2024. The Lead and Copper Rule Revision’s (LCRR) primary purpose is to protect the public’s drinking water from metals that adversely affect health. This is done by requiring water systems to monitor lead and copper levels using science-based testing protocols, and installing modifications if levels are exceeded. The proposed Clean Water Act (CWA) Worst-Case Hazardous Substance Releases rule would require facilities that store certain hazardous substances above a certain threshold, and are near navigable waters, to prepare facility response plans in the event of a spill.

Lead and Copper Rule Revisions

U.S. EPA created the Lead and Copper Rule (LCR) in 1991 to control the amount of lead and copper in drinking water. The rule has gone through many changes throughout the last few decades with the most recent update being in 2021. The compliance deadline for the 2021 Lead and Copper Rule Revisions (LCRR) is October 16, 2024.

The rule was revised to enhance implementation of monitoring, treatment, customer awareness, and lead service line replacement. The LCRR applies to all community water systems and non-transient, non-community water systems (NTNCWS). NTNCWS supply water to at least 25 people at least 6 months out of the year. If your facility supplies its own drinking water and meets the definition of a NTNCWS, this rule will apply to you.

Requirements/Updates

• A new trigger level for lead in drinking water was established at 10 ppb.
• The EPA has offered flexibility for all NTNCWS if a trigger or action level exceedance occurs. The system operator will be allowed to pick from four compliance options.
• A service line inventory is due to the state by October 16, 2024. The inventory must include the material and location of ALL service lines in the distribution system.
• A sampling plan is due to the state before the beginning of your system’s sampling period. The sampling locations chosen should be based on your service line inventory, meaning you do not want all your sample locations coming from the same service line. You want a variety of service lines to be sampled.
• A lead service line replacement plan should be proposed if lead service lines are discovered while creating the inventory or making updates to it.

The lead and copper rule improvements (LCRI) rule has also been proposed. The proposed rule would do away with the new trigger level and change the current action level of lead from 15 ppb to 10 ppb. It would also require all systems with lead service lines to replace them within 10 years. This proposed rule is currently out for public comment and is expected to be promulgated by the end of 2024 with a final compliance date of 2027.

Worst-Case Hazardous Substance Releases

The U.S. EPA is still actively working on the plan for Worst-Case Hazardous Substance Releases. The proposed rule was originally expected to be finalized in 2023. The rule, originally proposed in 2022, would require certain facilities to develop facility response plans for a worst-case discharge of CWA hazardous substances or threat of such a discharge. This is a substantial regulatory change, as the current rule only covers potential discharges of oil. The proposed rule includes industrial facilities with a maximum onsite capacity of a CWA hazardous substance that:

• Meets or exceeds threshold quantities.
• Is located within a 0.5-mile radius of navigable water or conveyance to navigable water.
• Meets one or more substantial harm criteria.

If a facility determines these factors apply, they will need to submit a facility response plan within 12 months after the effective date of the final rule. The plan must include:

• Identification of Qualified Individuals,
• Identification of key response resources,
• Routine employee training and response drills,
• Risk identification and characterization,
• Communication plans with Local Emergency Planning Committees (LEPC), and
• Release detection.

Planning ahead

ALL4 can assist you in all things LCRR and LCRI related, such as service line inventories, sampling plans, and lead service line replacement plans. It is important to start planning early because in our experience a good inventory involves months of research, historical documentation, water sampling, and in-depth investigations.

The proposed Worst-Case Hazardous Substance Releases rule is expected to be published in September 2024 and will continue to be monitored by ALL4 as changes to the proposed rule may still happen. This rule could impact many industries and manufacturers. ALL4 can help you determine if a facility response plan is needed and assist in its development.

If you have questions or would like to discuss your water compliance needs, reach out to Tia Sova at tsova@all4inc.com.