Lead Copper Rule Improvements Update

The Lead and Copper Rule Improvements were finalized in October 2024 with Federal requirements as a national baseline including, but not limited to:

• Lead Service Line Replacement (LSLR) by 2037,
• Submitting an updated sampling plan to their State,
• Updated monitoring requirements,
• Prioritization on tap sample collection based on which sampling sites have the greatest likelihood of capturing the highest lead levels at the tap, and
• A reduction in the action level of lead from 15 parts per billion (ppb) to 10 ppb.

Since then, the rule has faced Congressional Review Act (CRA) attempts and litigation. The CRA attempt earlier this year failed due to grassroots efforts and public pressure. A critical deadline was missed, the submittal of initial lead service line inventories for water systems nationwide by October 16, 2024, with an estimate of less than half of the inventories received for some states. However, litigation brought by the American Water Works Association (AWWA) over the feasibility of LSLR is still pending.

The lawsuit had been on pause for months to allow the U.S. Environmental Protection Agency (U.S. EPA) time to consider options in defending the rule. In early August, U.S. EPA signaled that they were ready to move forward with the case.

U.S. EPA has stated that they are working on providing clarity and are working on developing tools to help support implementation of the LCRI. Under the U.S. Department of Justice’s revised schedule for the case, U.S. EPA’s brief is due by December 5, 2025. It is possible we will see additional resources and updates regarding the rule prior to that deadline (though this has undoubtedly been delayed by the ongoing federal government shutdown).

In the meantime, LCRI remains in effect while the litigation runs its course. For additional information on the 2024 LCRI, please refer to ALL4’s previous blog posts on the differences between the Lead Copper Rule Revisions (LCRR ) and the LCRI, and Changes to U.S. EPA PFAS Drinking Water Standards Under the Trump Administration, highlighting changes that may affect your system and facility. If you have any questions or would like assistance in evaluating how your facility is impacted by LCRI, please reach out to me at cnagel@all4inc.com. ALL4 will continue to track updates to additional guidance or rulemaking regarding the LCRI.