After considering public comments, the United States Environmental Protection Agency finalized its Lead and Copper Rule Improvements (LCRI) rule on October 30, 2024, which informs revisions to the National Primary Drinking Water Regulation for lead and copper. The final rule is effective on December 30, 2024.

The rule primarily requires that drinking water systems replace lead and certain galvanized service lines. Water systems must achieve replacement within 10 years.

Under existing requirements, regulated water systems must have completed an initial inventory of their lead service lines and develop a replacement plan by October 16, 2024. The final LCRI rule requires that water systems regularly update their inventories and develop a final service line replacement plan. That replacement plan must include a strategy by November 1, 2027, to prioritize replacement considering community-specific factors, such as populations disproportionately impacted by lead.

The final LCRI rule also changes the required protocol for tap sampling. Water systems, for instance, must collect firstand fifth-liter tap samples at sites with lead service lines and use the higher of the two values when determining compliance.

Finally, the LCRI rule lowers the lead action level from 15 parts per billion (15 ug/L) to 10 parts per billion (10 ug/L). When a water system exceeds the lead action level, it must inform the public, undertake corrosion control treatment, and employ public education measures to reduce lead exposure.

The LCRI rule is a significant step to eliminating lead in drinking water systems, though its future remains uncertain. Industry groups like the American Water Works Association have raised concerns over the anticipated compliance costs. Because the EPA finalized the LCRI rule at the end of this legislative session and because of the change in party control of Congress, it is subject to the Congressional Review Act. The Congressional Review Act allows a simple majority of the next Congress to disapprove of the LCRI rule. Our team will continue to track these developments. If you have any questions or concerns about how these actions affect you, please contact our Water Law attorneys.