The U.S. EPA is proposing revisions to the 20-year old Lead and Copper Rule (LCR), found at 40 CFR Part 141. Lead and Copper primarily enter drinking water through interior plumbing and water distribution systems.
As part of the process, the EPA is creating a small business advocacy review (SBAR) panel to determine the potential impacts, if any, the rulemaking effort will have on small businesses, small governments and small non-profit organizations. The Regulatory Flexibility Act as amended by the Small Business Regulatory Enforcement Fairness Act requires EPA to convene a SBAR panel for a proposed rule unless the EPA certifies that the new rule will not have a significant impact on small entities.
According to the EPA, the LCR set an action level (AL) of 0.015 mg/L or 15 parts per billion (ppb) for lead and 1.3 mg/L or 1300 ppb for copper. The action level is a concentration of lead or copper in the water that determines, in some cases, whether a water system must install corrosion control treatment, monitor source water, replace lead service lines, and/or undertake a public education program. The action level is exceeded if the concentration in more than 10 percent of tap water samples collected during any monitoring period is greater than the action level (i.e., if the 90th percentile level is greater than the action level). If the 90th percentile value for tap water samples is above the action level, it does not signal a violation, but may trigger other requirements that include water quality parameter monitoring (WQP), corrosion control treatment (CCT), source water monitoring/treatment, public education, and/or lead service line replacement.
EPA is developing a proposal to modify the current Lead and Copper Rule. Requirements under consideration for modification include sample site selection criteria, tap sampling procedures, water quality parameters monitoring, lead service line replacement, and consecutive water system requirements. The changes under consideration are intended to improve public health protection provided by the LCR and streamline requirements.
More information on the LCR can be found here.
Florida Environmental and Water Law 