Protecting public health and providing safe drinking water for our communities has always been a priority. As the landscape of water safety evolves, utilities and water systems are moving beyond the Lead Service Line Inventory (LSLI) under the Lead and Copper Rule Revisions (LCRR) and preparing for the next phase – the Lead and Copper Rule Improvements (LCRI).
Understanding LCRR and LCRI
The U.S. Environmental Protection Agency (EPA) introduced LCRR in 2021 to strengthen protection against lead exposure in drinking water with the goal of developing an initial lead service line inventory to identify, manage, and replace lead pipes. A completed inventory of known and potential lead service lines was due by October 16, 2024. The EPA then introduced LCRI in October 2024 to build upon LCRR’s foundation, requiring full lead service line replacements on an accelerated timeline, improved communication with consumers, and improved water sampling methods, including Galvanized Required Replacement (GRR).
Beyond Baseline Inventory
Once water systems and utilities submit their updated baseline inventory and make it publicly accessible, they should shift their focus toward:
- Updating Inventory: After the baseline inventory is submitted, utilities must validate and update their inventory annually, checking for accuracy and identifying all service lines with unknown materials.
- Creating Replacement Plans: Utilities are required to develop a comprehensive LSLR plan that includes strategies for identifying and prioritizing replacements, securing funding, and a timeline for replacement.
- Communication Strategies: A communication strategy is required to inform consumers about the presence of lead in their water system, including information on accessing the plan, testing results, replacement schedules, and advice on reducing lead exposure in their drinking water.
- Monitoring and Reporting: Utilities must continuously monitor lead levels and submit compliance reports to the EPA or state regulatory agencies to track progress on the lead service line replacements and water quality assessments.
What’s Next for the Lead and Copper Rule Improvements (LCRI)?
The LCRI was designed to better protect public health from lead contamination in drinking water by introducing enhanced protocols to identify more sources of lead, reduce exposure sooner, and expand mitigation efforts across more communities, working toward the goal of achieving full lead service line (LSL) replacement within the next 10 years. The final rule includes the following key provisions:
- Accelerating LSL Replacements: To accelerate replacement efforts, the LCRI mandates more rigorous testing, focusing on priority areas, including schools, childcare facilities, and vulnerable populations, where lead exposure may significantly impact children’s health.
- Improving Water Sampling Requirements: To better detect lead in drinking water, water systems must collect and analyze the first and fifth liters and use the higher values to determine compliance. This approach targets water that has sat in lead service lines or household plumbing, where the risk of contamination is highest.
- Lowering the Lead Action Level: The LCRI lowers the threshold for the lead action level from 15 µg/L to 10 µg/L, requiring the system to inform the public and take action to reduce lead exposure while working to replace all lead pipes.
- Enhanced Communication and Education: The LCRI encourages community engagement and education, requiring utilities to notify residents about their corrosion control treatments, instructions to access their service line inventory, test results, or replacement plans, and detailed information on protecting themselves from lead exposure.
There are funding opportunities available to assist communities with compliance, including the Bipartisan Infrastructure Law (BIL), individual state Drinking Water State Revolving Fund (DWSRF) programs, and the Water Infrastructure Finance and Innovation Act (WIFIA). Water systems are encouraged to be proactive in developing plans, securing financing, and engaging with their communities to meet the LCRI requirements.
The current administration has paused funding for all previously approved funding bills through executive orders. Utilities must check the status of current disbursement of those funding bills in developing their strategies to tackle lead and copper in their systems.
Navigating Lead and Copper Rule Improvement (LCRI) Challenges
While removing lead contamination in drinking water remains a priority, it’s essential to understand the challenges of successfully implementing the LCRI in the next 10 years.
- Financial Burden on Water Utilities: Perhaps the most significant challenge of the LCRI is the cost to replace millions of LSLs across the country, which could be overwhelming for smaller or underfunded utilities.
- High Replacement Costs: Replacing lead service lines can cost between $5,000 and $10,000 per line, potentially amounting to billions of dollars nationwide. This is especially burdensome for older cities with large numbers of lead pipes.
- Funding Gaps: While some federal funding exists, not all communities will receive enough to cover complete LSL replacement. Small, rural, and disadvantaged communities may struggle to access funding or meet federal grant and loan requirements.
- Logistical and Technical Challenges
- Managing Large-Scale Projects: Utilities may not have the logistical planning and technical expertise to meet replacement goals.
- Difficulty Locating Lead Service Lines: Incomplete or outdated records make it difficult to locate LSLs. Investing in advanced detection methods like predictive modeling, ground-penetrating radar, or excavation to help identify these lines increases costs and complexity.
- Disruption to Communities: LSL replacement can disrupt communities, causing temporary water shut-offs and inconveniences for homeowners. Maintaining public support is essential but challenging, especially in densely populated areas.
- Coordination with Property Owners: Many LSLs are located on private property, requiring utilities to coordinate with homeowners.
- Workforce and Capacity Limitations
- Skilled Workforce: Staffing shortages and capacity limits could delay the process.
- Training Needs: Additional training on water infrastructure, health protocols, and replacement techniques may be required.
- Meeting Stricter Compliance Deadlines
- Accelerated Replacement Timelines: Utilities should begin implementing their replacement programs immediately to avoid penalties for non-compliance, especially those with outdated infrastructure and limited resources.
- Monitoring and Testing Protocols: Stricter testing protocols, including collecting and analyzing the first and fifth-liter sampling, require additional labor, stretching water systems' capabilities.
- Legal and Regulatory Challenges
- Legal Challenges: The new requirements, including costs and accelerated timelines, may raise legal challenges from water utilities, local governments, or property owners, which could delay implementation and create uncertainty.
- State and Local Conflicts: States with LSL regulations may resist federal overreach, particularly if they feel their systems are already well-regulated, leading to potential conflicts between state and federal regulations.
- Community Awareness and Public Perception
- Community Engagement: If the messaging about lead exposure risks or replacement timelines is unclear, it could lead to mistrust or hesitancy from residents.
- Data Management and Reporting
- Technology Upgrades: Utilities may need to invest in new software or technology to collect accurate data and report on LSLs, water quality, and replacements.
- Data Inconsistency: Penalties may be issued to utilities if data is inconsistent or incomplete.
Overcoming the Challenges
The LCRI’s goal of eliminating lead in drinking water is ambitious but achievable. To achieve full implementation, utilities, governments, and communities must work together, plan ahead, and invest wisely using federal and state funding. They will also need new technology and engineering solutions, public support and involvement, and a strong workforce to achieve a healthier, safer future for all.
Accessing Funding for Lead Service Line Replacement Under LCRI
Accessing LSL replacement funds under LCRI requires a proactive approach, especially for water utilities, municipalities, and state governments. Here’s how to access available federal, state, and local funding:
- Determine Eligibility for Funding Programs
Before seeking funding, which could include grants, low-interest loans, and forgivable loans, utilities and municipalities should determine which programs they are eligible for based on location, size, financial need, and project scope. Each funding source has specific eligibility criteria, such as whether the community is considered disadvantaged or if the project focuses on LSL replacement.
- Leverage Federal Programs
Several federal programs provide financial assistance for LSL replacement, including:
- Bipartisan Infrastructure Law (BIL): Allocates $15 billion over five years for LSL replacement, distributed through the Drinking Water State Revolving Fund (DWSRF).
How to access BIL funds:
- Utilities should apply through their State Revolving Fund (SRF) programs.
- Each state manages its own application process, which usually requires a project proposal, environmental impact assessments, and documentation with proof that your community needs funding.
- Contact your state’s SRF office for submission deadlines and priority scoring systems.
The President’s recent executive order created some uncertainty about the availability and usage of this fund. As a result, utilities may need to wait a few months for additional clarification.
- Drinking Water State Revolving Fund (DWSRF): The DWSRF is a federal-state partnership that provides low-interest loans and grants for water infrastructure projects, including LSL replacement.
How to apply for DWSRF funds:
- Identify your state contact – each state runs its own SRF program.
- Contact your state’s water infrastructure financing agency – they’ll provide you with eligibility and application requirements.
- Prepare a project plan detailing the LSL replacement scope, timeline, anticipated outcomes, and community health benefits and impact.
- Submit all required documents, including engineering and environmental reports, financial capacity, and cost estimates.
- Water Infrastructure Finance and Innovation Act (WIFIA): The WIFIA is a federal program offering long-term, low-cost loans for large water infrastructure projects, including lead pipe replacement.
How to access WIFIA funds:
- Submit a letter of interest to the EPA detailing the project's scope.
- If selected, submit a complete application that includes financial plans and engineering reports.
- Ensure your project meets minimum requirements (typically over $20 million for large communities).
- Water Infrastructure Improvements for the Nation (WIIN) Grants: The WIIN Act provides federal grants to disadvantaged communities for projects focused on lead remediation.
How to apply for WIIN grants:
- The EPA regularly releases funding announcements for WIIN grants, which may be found on their website.
- Coordinate with your state environmental agencies to make sure your projects align with their priorities and regulations.
- Submit a competitive application outlining the benefits of your LSL replacement project, clearly identifying the impacted population and public health improvements.
- Access State and Local Funding
State and local governments provide additional funding through bond programs, grants, and other financial mechanisms for LSL replacement, including:
- State Bond Programs: Some states issue bonds to fund water infrastructure improvements. These programs provide direct capital for lead pipe replacement and other critical projects.
- Local Government Grants: Many municipalities and counties allocate portions of their budgets to replace LSLs, especially in low-income neighborhoods.
How to access state and local funds:
- Contact your local or state water infrastructure authorities to learn about funding availability, deadlines, and priorities.
- Partner with local governments—many state programs prioritize projects supported by municipalities.
- Apply for Community Development Block Grants (CDBG)
The CDBG program is administered by the Department of Housing and Urban Development (HUD) and provides grants to local governments for infrastructure projects, including lead pipe replacement in disadvantaged areas.
How to access CDBG funds:
- Local HUD Offices: Contact your local HUD office to understand the process and application requirements.
- Prepare a Proposal: A comprehensive proposal is required, showing how your project will benefit low-to moderate-income residents.
- Partner with Local Governments: Demonstrating community impact will increase the chances of securing CDBG funds.
- Explore Private-Public Partnerships (PPP)
Utilities may consider partnering with private companies to access LSL replacement funding. PPPs can provide additional financing for larger projects where traditional loans or grants may not cover all costs.
How to explore PPPs:
- Identify Private Partners: Utilities should explore partnerships with private companies with expertise in infrastructure projects or access to large-scale funding.
- Develop a Cost-Sharing Agreement: Work with private entities to develop cost-sharing agreements that provide public access to safe drinking water.
- Secure Funds Through Environmental Justice Grants
Environmental justice grants are federal grants that target communities disproportionately affected by lead contamination.
Funding sources include:
- Justice40 Initiative: This initiative directs 40% of the federal environmental investment benefits to disadvantaged communities.
- Environmental Justice Grants: The EPA’s environmental justice program regularly announces grant opportunities to help communities reduce environmental health disparities.
How to access environmental justice funding:
- Visit the EPA’s environmental justice grants page for relevant opportunities.
- Projects that address public health risks in low-income or minority neighborhoods are more likely to receive funding.
- Demonstrating the specific health and environmental impact of the lead pipe replacement project in disadvantaged communities is key to securing these funds.
- Prepare for Future Congressional Appropriations
Future federal appropriations and infrastructure bills should include additional lead service line replacement funding.
- Stay Informed: Follow water policy news and engage with professional organizations like the American Water Works Association (AWWA).
- Replacement Funding: Work with local government officials and representatives to advocate for more LSL replacement funding.
Steps to Access Funding for LSL Replacement
- Identify Eligible Funding Programs: Evaluate funding programs based on community size, financial needs, and the scope of your project.
- Engage with State and Local Authorities: Collaborate with SRF administrators to understand application requirements for SRF, WIIN, CDBG, and other funding.
- Develop a Comprehensive Project Plan: Prepare a detailed plan outlining the public health benefits, community impact, financial justification, and technical approach.
- Monitor Funding Opportunities: Stay informed about new funding opportunities from federal programs, local governments, and private-public partnerships.
- Align your Project Goals: Coordinate with environmental justice priorities or community development goals to increase the likelihood of receiving funds.
Build a Lead-Free Future
While the road ahead is complex, the solutions are within reach. By working collaboratively, accessing state and federal funding resources, investing in advanced technology, and engaging regularly with your community, we can turn challenges into solutions and deliver safe, clean, lead-free water to every home.