The Lead and Copper Rule Improvements (LCRI) proposal was released in November 2023. This new addition to the Lead and Copper Rule (LCR) regulatory landscape has the potential to create confusion among water industry stakeholders. We break down these changes into discrete areas to allow water professionals to block out the noise and focus on important near-term tasks. More details of what is due when can be found in our Anticipated LCRI Timeline.  

Before we jump in, it’s important to point out a few items:

1. We are assuming that the EPA finalizes the LCRI before 10/16/24.
2. We currently (today) need to comply with the LCR. 
3. The information in this article is primarily based on the LCRI Proposal, which would not be enforceable until around October 2027¹ and could change between now and when it is finalized around October 2024¹. 
4. Some states have state laws that supersede the LCRI. Research what is happening in your state. (Start with our LCRR Regulation Map) 

EPA intends to transition from the LCR directly to the LCRI and make most LCRR requirements not enforceable until later in 2027

Much of the current misunderstanding involves the Lead and Copper Rule Revisions (LCRR) and how those regulatory requirements will be enforced alongside the LCR and LCRI. Currently, the LCRR compliance deadline is October 16, 2024. However, EPA intends to finalize the LCRI before October 2024 and integrate the vast majority of the LCRR requirements into the LCRI. This will extend the compliance deadline for almost all LCRR requirements until approximately October 2027. 

The BIG 3: Where to focus today

Even though water systems will get more time to comply with many LCRR requirements, there are three key LCRR items that EPA intends to make due starting on October 16, 2024. These “BIG 3” requirements provide clarity on what water systems should be focusing on now until October 2024. 

1. Service Line Inventory: Submit your initial service line inventory by October 16, 2024.
2. 30-Day Notice: Send notification to any customer with Lead Service Lines (LSL), Galvanized Requiring Replacement (GRR), or Unknown within 30 days of inventory submission.
3. 24-Hour Notice: Notify all customers within 24 hours following a lead action level exceedance (15 ppb).

LCRR requirements due on October 16, 2024

Life after October 2024: Where to focus in 2025 and beyond

After the initial service line inventories and associated customer notifications are submitted, many water systems may think they should take a break and de-prioritize their LCRI preparedness. However, the extra compliance time allowed by the LCRI is a gift that water systems should use to their advantage. Keeping “the foot on the gas” will allow water systems to be well-positioned for the variety of LCRI elements that will hit in 2027 and beyond. The Simplified 7 provides a framework for areas water systems can focus on. While none of these items are “simple” to accomplish, the proposed framework provides a list of high-priority areas that systems can and should begin to tackle. Each Simplified 7 area is described in more detail below.  

1. Add Connectors to the Service Line Inventory: The LCRI is expected to mandate that connector (gooseneck) materials be added to the LCRI Baseline Inventory, which will be due in October 2027. Water systems will be required to review the same historical records for connector material identification that were required to identify service line materials for the LCRR inventory. The five EPA-suggested connector material categories are:
   a.) Lead
   b.) Never Lead
   c.) Replaced Lead
   d.) Unknown
   e.) No Connector Present
   
2. Verify Unknowns and Replace LSL and GRR: Starting in October 2027, there are many disincentives to having Lead Service Lines (LSL), Galvanized Requiring Replacement (GRR), or Unknown service lines in your system. Currently, based on over 5 million service lines, over 60% of service lines in 120Water’s database are unknown. Now is the time to focus on verifying unknowns and replacing service lines.
3. Review SRF Funding in your state: The Bipartisan Infrastructure Law provides funding to states through the State Revolving Fund (SRF), specifically to help with service line inventories, verifying unknown service lines, and replacing LSL/GRR. Review the SRF funding requirements and timelines in your state to see if this funding can help your water system.
4. Prepare for a variety of notification and communication requirements: The LCRI will require water systems to communicate with various stakeholders (customers, states, schools, health departments, etc.) on many timelines (24 hours, 3 days, 30 days, 45 days, 60 days, etc.). Ensuring that you have a strategic communications solution in place will allow water systems to stay ahead of the game.
5. Start School and Child Care Sampling Program: The LCRI proposal allows historical school and child care sampling going back to January 1, 2021, that meets LCRI requirements to qualify for a waiver starting in 2028. This means that if a water system starts its school and child care sampling program today and finishes before October 2027, it will not be required to repeat the sampling again starting in 2028.
6. Stand up customer request or trial 1st and 5th-liter sampling programs: The LCRI will require systems to offer tap sampling to homes with LSL, GRR, or unknowns. If the system has a Pb action level exceedance, then the tap sampling offer will need to be extended to every customer. In addition, systems will be required to conduct compliance sampling for Pb in the 1st and 5th Liter for homes with LSLs. Water systems potentially impacted by any of these scenarios would benefit from having a sampling solution in place in advance of October 2027.
7. Risk Mitigation following service line replacement or disturbances: The LCRI will require various risk mitigation activities for customers (public education, flushing instructions, filters, follow-up sampling) depending on the specific action (full/partial replacement, major disturbance, or minor disturbance). This includes specific risk mitigation actions following a pothole/excavation to an LSL, GRR, or unknown service line. Risk mitigation is one area that EPA is considering requiring before October 2027. The specific deadline is currently unknown, but water systems should be prepared to execute risk mitigation efforts as early as October 2024.

Where to start with LCRI in 2025 and beyond

LCR/LCRR/LCRI near-term focus

When the LCRI is finalized later in 2024, a new wave of industry outreach will certainly follow. This will again add another layer of potential complexity to the current situation. Water systems looking to narrow their near-term attention to the most important LCR-related aspects should focus on the “BIG 3” and the “Simplified 7”. 

Download the “LCRR Big 3+ LCRI Simplified 7” Checklist.

1. The actual LCRI compliance deadline will be based on when the LCRI is finalized, which is expected to be before October 16, 2024 (the LCRR compliance deadline).