How Prepared Are You For The New Lead and Copper Rules? Expert Advice For Water Utilities
By Christian Bonawandt
Water utilities across the United States are grappling with the complexities of the U.S. EPA’s new Lead and Copper Rule Improvements (LCRI), set to become effective in October 2027. The updated regulation, which builds upon the previous Lead and Copper Rule Revisions (LCRR), introduces a number of changes that may present substantial compliance hurdles for small and large utilities alike. This includes the 10-year lead service line replacement mandate, new sampling requirements (with first- and fifth-liter samples at certain sites), a reduced action level from 15 to 10 parts per billion (ppb), and mandatory school and childcare facility testing.
In a recent Water Online special event, experts Sandy Kutzing, senior vice president at CDM Smith, and Alan Roberson, executive director at the Association of State Drinking Water Administrators, delved into the biggest obstacles utilities face and offered some practical advice to navigate them.
The Challenge Of Unknowns
One of the most significant hurdles the LCRI presents is accurately identifying service line materials, particularly on the customer side. According to Kutzing, it is very common for systems to have half or more of unknowns, making compliance with the 10-year replacement mandate exceptionally difficult. Kutzing stressed the critical importance of identifying unknowns before the November 1, 2027, deadline. “You want your replacement rate to be based on the actual number of lead service lines,” she explained. This, she said, is because the replacement calculation includes lead, galvanized required replacement (GRR), and unknowns. However, unknowns found to be non-lead after that date will not retroactively reduce the goal set at the beginning of the year.
Roberson and Kutzing recommended using a variety of methods tailored to the specific geography and service line installations, including encouraging customer pictures, potholing, scratch and magnet tests, and x-ray fluorescence (XRF) devices. Kutzing advised utilities to do a pilot test to determine reliability. She noted that, while the state may approve the use of statistical analysis or predictive modeling, the U.S. EPA requires a validation pool by 2034 to confirm accuracy.
Notably, she revealed that identifying goosenecks is not required by the 2037 deadline, and they can remain as unknowns in the inventory. Lead pipe joints are also not classified as lead service lines under this rule and do not have to be removed.
Securing Adequate Funding
Funding is another substantial challenge for water systems. Replacing lead service lines, especially the privately owned portion, is expensive, and public funds often cannot legally be used for private property improvements. Roberson highlighted that even though federal funds like the Bipartisan Infrastructure Law (BIL) are available now, there is not enough to go around, and the funds will eventually run out. Utilities are also facing compliance costs from unrelated regulations like PFAS treatment that are competing for this same money.
Kutzing recommends that utilities “apply for as much federal grant and loan funding as possible now.” She mentioned that BIL money should be available through fiscal year 2026 but could run out sooner in some states. Other funding sources mentioned during the discussion include Water Infrastructure Improvements for the Nation (WIIN) Act grants, earmarks, Workforce Investment Opportunity Act (WIOA) loans, localized/state funding, and private financing, although the latter may have high interest rates. For the private side funding challenge, utilities could explore classifying lead service line replacement as a public health benefit or advocating for changes in state laws. Ultimately, she said, “it's going to come down to whether water systems are going to have to pay back loans, directly pay for this with rates, or charge the individual customer.”
Managing Privately Owned Lines
The LCRI now tasks utilities with coordinating and offering the replacement of lead service lines on the customer side, up to the inlet of the building. While they don't necessarily have to pay for this portion, Roberson noted they “have to have something” in place to help homeowners. This might include utility-bid contracts that cover the private side or pre-qualifying plumbers who homeowners can pay directly, with the utility coordinating efforts. “In other words, you can't just say, ‘That's the homeowner's responsibility, we're not going to worry about it,’” he added.
However, this creates a significant long-term administrative burden. Utilities make at least four attempts to offer replacement and meticulously track these offers to the customer. Furthermore, they must re-offer the replacement to any new account owners until the line is finally replaced. States will also need to verify utilities' tracking, adding another layer of oversight.
Addressing The Labor Crisis
The extensive tasks required for LCRI compliance –– inventory updates, potholing, sampling, replacements –– demand a significant labor force at a time when water utilities are already facing a labor crisis. The experts discussed potential solutions, including partnering with local workforce development nonprofits that can train individuals for needed skills like design, inspections, potholing, and construction. Kutzing also mentioned seeking help from groups like Thrive in New Orleans, as well as using temp agencies that can provide trained workers.
Sampling And Testing Changes
The requirement for testing at schools and childcare facilities becomes effective with the LCRI in 2027. However, Roberson recommended utilities to get organized for this now. “It'd be a good idea to do something to pilot test it, see what it's like” as early as possible. Utilities can use samples collected since January 2021 if they meet protocol. Kutzing noted that samples collected now count toward the required pool. She again highlighted the WIIN program as a valuable resource that offers free sampling and fixture replacement. Roberson also stressed the importance of preparing solid communications for parents about testing and results.
The LCRI also introduces new compliance sampling requirements starting in 2028, including taking first- and fifth-liter samples at Tier 1 (lead service line) sites and using the higher result for compliance determination. Kutzing strongly advised water utilities pilot this now “and see if you need to make any treatment adjustments while you still have time.” Doing so in 2028 without prior knowledge risks non-compliance, she stressed. First-liter samples are still required for other tiers like GRR or copper with lead solder. Roberson added that systems moving to six-month monitoring should consider stocking up on sample bottles and supplies.
The experts also acknowledged there was a great deal of uncertainty surrounding the current rules. For example, the current federal administration has been reviewing many rules and policies with an eye on changes. In addition, there are several pending lawsuits over the LCRI whose potential outcomes are unclear. All of this has introduced potential challenges to getting projects approved.
However, Roberson and Kutzing both advised utilities to proceed with beneficial actions regardless of what may or may not happen in the future. The highest priorities include focusing on identifying unknowns before the 2027 deadline, applying for as much funding as possible now while it's available, piloting first- and fifth-liter sampling to prepare for the new action level and requirements, and getting organized for school and childcare testing. These steps are seen as beneficial regardless of any potential future changes to the rule, positioning utilities for better compliance and public health protection.