We share key perspectives on preparing to meet EPA’s Lead and Copper Rule Improvements as water utilities figure out how to respond to overlapping regulations, a new administration, increased public awareness, and an uncertain funding landscape.
Over the past several years, the water industry has made significant strides in tackling the issue of lead in drinking water. Many utilities across the country now have a clearer understanding of the scale and presence of lead and galvanized service lines in their systems after submitting initial inventories in October 2024 as required by the Lead and Copper Rule Revisions (LCRR).
As water utilities work to comply with the regulations, state agencies are grappling with the implementation of two new versions of the rule. Some states have begun issuing guidance and offering technical assistance to support utilities in developing inventories and executing service line replacement projects. Partners like Arcadis are playing a key role in providing expertise and resources to help utilities move forward effectively.
Meanwhile, public awareness of the risks associated with lead in drinking water has grown significantly over the past decade. Last fall, millions of residents across the country received letters from their utility informing them about the materials used in their service lines and many will be wondering what comes next.
Uncertainty can shift our priorities and, at worst, breed paralysis, and there are a few notable sources of uncertainty surrounding EPA’s Lead and Copper Rule Improvements (LCRI) and its impact on water utilities:
An AWWA lawsuit regarding several of the more substantial provisions such as the mandated replacement of lead service lines (LSLs) “under the control” of the utility
The Trump administration’s ability to review and rescind the LCRI
Sunsetting of the Bipartisan Infrastructure Law (BIL) funding for lead service line inventory and replacement work in 2026
From a policy perspective, if the lawsuit or administration cause a delay in LCRI, the requirements of the LCRR would still be in effect, and there is significant overlap between the two rule updates. For example, sampling provisions like the mandate to sample all elementary schools and licensed childcare facilities as well as first and fifth liter sampling at tier sites could be in effect immediately and many systems are not ready. In terms of funding, we may be looking at the tail end of one of the most significant increases in infrastructure investments in generations, and we can anticipate that resources for dealing with lead and galvanized service lines will likely decrease in 2027.
The LCRI compliance date (November 1st, 2027), is around the corner, which means we have some work to do. The train has left the station—we might not know exactly where it will stop next, but we should keep moving thoughtfully forward as regulations, organizational health, and public interest all require. In this post, we discuss key steps utilities can take this year to prepare for the years ahead, despite the unpredictable policy environment.
Critical steps water utilities can take to prepare for 2027
Update your inventory and reduce unknowns
LCRI requires utilities to submit a “baseline” inventory in November 2027 which adds lead connectors (i.e. goosenecks or pigtails) to both the compliance inventory submission and the publicly available inventory. In some states, if a connector is the only source of lead on the service line, that line would not be classified as an LSL or Galvanized Requiring Replacement (GRR). Most importantly, systems should work to identify as many unknown service lines as possible before November 2027.
While having unknowns is allowed until 2037, these lines present significant compliance risks as well as operational challenges, such as having to notify a customer when the line is disturbed and increasing your required annual replacement rate. A statistical or modeling analysis of service line materials may be a good strategy for utilities with significant knowns. Arcadis has developed inventories for over 1,800 water systems and has successfully used these methods to reduce unknowns in a cost-effective yet technically defensible way in 12 states and counting.
Develop your funding strategy & apply for BIL funds
Determine any legal barriers that could prevent you from using public funds for private-side replacements and attempt to remove those barriers. Take advantage of the opportunity to apply for the $15 billion that U.S. EPA has released to water utilities for LSLR work through the BIL, administered through State Revolving Fund programs. Develop a funding strategy that accounts for all customers, especially those facing economic hardship. Effectively communicate your LSLR funding needs and prioritization strategy to gain the support of utility and local leadership.
Develop your school and childcare testing program
LCRI gave water utilities until 2027 to prepare to sample all schools and childcare facilities in their systems within five years (by 2032). Our team has helped water systems and states sample thousands of these facilities and knows it’s no small effort. So, the first question you should ask yourself is, will I need to sample?
Of course, it’s not simple to answer. Many states have offered free sampling to schools and childcare facilities through EPA’s WIIN grant program or already require testing by law. If voluntary testing was done after 2021 and follows LCRI protocols, then the utility would receive a waiver for those facilities that had completed sampling. If your state has an existing law that already mandates sampling for all public/private elementary schools, and licensed childcare facilities, then the utility may be granted a waiver by their state regulatory agency. Few systems will be eligible for a full waiver and determining if one applies can be tricky.
Develop a full list of all school and childcare customers
Develop outreach and procedural documents to support sampling efforts
Identify and get feedback from key stakeholders (i.e. public health department, associations, school district leaders, etc.)
Review your overall compliance and monitoring practices
Utility staff should meet to discuss and determine the overall LCRI compliance strategy for getting first to 2027 and then to 2037 – when systems should have zero unknown, LSL, GRR service lines and have completed all school and childcare sampling. There are many other milestones between 2027 and 2037, but we recommend focusing on at least the following items as you prepare over the next two years:
Review impact/risk of the lowered AL (10 ug/L) as well as updated corrosion control treatment standards
Develop your lead service line replacement (LSLR) plan that is due on November 1, 2027
Prepare to sample after an LSL has been replaced
Develop procedures to provide pitcher filters during an LSL replacement, major disturbances, and following an Action Level exceedance
Have procedures in place for all “minor” and “major” disturbances, including investigations of service lines classified as unknowns
Have materials for first and fifth L compliance monitoring (sampling) of service lines classified as an LSL or GRR
Prepare to offer free lead sampling upon request to customers on service lines classified as unknown, LSL or GRR
