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Lead and Copper Rule: Potential Regulatory Changes, Corrosion Chemistry, and Stakeholder Communication

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Lead and Copper Rule: Potential Regulatory Changes, Corrosion Chemistry, and Stakeholder Communication Lead and Copper Rule: Potential Regulatory Changes, Corrosion Chemistry, and Stakeholder Communication April 21, 2016 © 2016 Water Research Foundation. ALL RIGHTS RESERVED. No part of this presentation may be copied,© 2016 reproduced, Water Research or otherwise Foundation. utilized ALL without RIGHTS permission. RESERVED. National Drinking Water Advisory Council Recommendations Stephen Estes-Smargiassi Director of Planning and Sustainability Massachusetts Water Resources Authority © 2016 Water Research Foundation. ALL RIGHTS RESERVED. NDWAC Work Group • LCR Working Group was formed under the auspice of the National Drinking Water Advisory Council (NDWAC) • 15 working group members, with representation from: — State regulators — Local health departments — Drinking water utilities (small/large systems; public/private) — Public interest groups (community, children’s health, national NGOs) — NDWAC members • Seven, two-day, in-person meetings; several web meetings; a webinar up-date with the NDWAC; and a dozen small group calls to discuss issues, develop recommendations and prepare report • Recommendations to EPA -- December 2015 • Likely Draft Rule revisions -- 2017 © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Considerations in Developing Recommendations • There is no safe level of lead in blood. Lead-bearing plumbing materials in contact with drinking water may pose a risk at all times, not just when AL is exceeded. • Proactive action to remove lead materials from contact with drinking water is needed. • Source is in the service lines and in homes. Thus, elimination of lead materials is a shared responsibility. — PWSs, consumers, property owners and public health community all play important roles. — A holistic effort is required with cross-sector stakeholder partnerships, and creative financing are needed to remove the sources of lead © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Considerations in Developing Recommendations - 2 • The LCR should remain a treatment technique rule. • The issues associated with lead and copper are different. • CCT is complex, dynamic, and varies w/system conditions. — Better understanding of the science (and the complexities) — Attention to unintended consequences is important. • Attention to what systems can implement and States are able to oversee and enforce also is important. • PWS and state resources should be focused on actions that achieve the greatest health protection. • Read the full report: www.epa.gov/ndwac/letters-recommendations-epa-administrator-ndwac © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Overview of NDWAC Recommendations • The LCRWG’s proposed improvements to the LCR make some fundamental changes: — Proactive approach to actions previously triggered by lead action level exceedance ▪ All systems work with customers to remove LSLs ▪ Stronger public education requirements for all systems — Establish a household action level; results to health dept. if exceeded — Separate requirements for copper; focus on systems w/ aggressive water • Improvements to CCT and monitoring • Complementary critical actions – not just the LCR and EPA • LCRWG conclusion: Taken as a whole, this will achieve more public health protection than the current rule © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Overview of Recommended Revised Lead and Copper Rule Framework Note: Compliance steps are embedded throughout the framework © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Re-evaluate when Changes Occur! © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Find and Remove LSLs as Long-term Goal © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Where Does The Lead Come From? From? Kitchen Area 0.8 – 1.7 ug • Contribution of Service Line and Lead Service Line 31Plumbing – 139 ug Fixtures to Lead and Copper Rule • Compliance Issues (2008) Source: Adapted from Sandvig, A., P. Kwan, G. Kirmeyer, B. Maynard, D. Mast, R. R. Trussell, S. Trussell, A. Cantor, and A. Prescott. 2008. Contribution of Service Line and Premise Plumbing Plumbing Fixtures to Lead and Copper Rule Compliance Issues. Denver, Colo.: Water Research Foundation. Reprinted with permission. 3.4 – 125 ug © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Lead Service Line Replacement Background • Under the current LCR: — LSL replacement triggered by a lead action level exceedance — Action is required in a short time frame; results in many partial lead service line replacements — The replacement requirement stops with two consecutive rounds of sampling being under the AL © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Lead Service Line Replacement Background Typically Public Typically Private Source: Sandvig, A., P. Kwan, G. Kirmeyer, B. Maynard, D. Mast, R. R. Trussell, S. Trussell, A. Cantor, and A. Prescott. 2008. Contribution of Service Line and The views expressed in this presentation are those of the speaker on Plumbing Fixtures to Lead and Copper Rule Compliance Issues. Denver, Colo.: behalf of the LCR work group and do not necessarily represent those of Water Research Foundation. Adapted with permission. the U.S. EPA., the Water Research Foundation ,or the presenter. © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Where are the LSLs? • What we thought we knew: — Removal is always beneficial • What we know today: — All removals likely cause a spike in lead levels — Lead levels following a partial replacement do not drop to as low a value nor get to a low level as fast as after a full LSL replacement — Lots of partial LSLR under current LCR mandatory LSLR requirement Based on Science Advisory Board report Photos courtesy of Cincinnati Water © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Proactive Lead Service Line Replacement • All systems should establish LSLR programs, which set replacement goals, engage customers in implementing those goals, and provide improved access to information • Recommended framework: — Assume lines are lead if prior to a certain date, unless PWS can demonstrate otherwise (incentive for accurate inventory) — Targeted outreach to customers with LSLs — No penalty for customer refusal; no credit for partial LSLR — Goosenecks removed when found © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Where are the LSLs? • Is there an inventory of service lines? • How can lead service lines be located? • Are there opportunities to engage real estate and home inspectors? • Make the information easily available to the public Images courtesy of Framingham Water and BWSC © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Lead Service Line Scratch Test If it looks like a nickel, it’s lead If it looks like a penny, it’s copper Information at www.mwra.com Photos courtesy of EPA: https://www.epa.gov/il/advice-chicago-residents-about-lead-drinking-water © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Proactive Lead Service Line Replacement • Recommended framework continued: — Interim replacement milestones (3 year reporting); credit for lines determined not to be lead; increasing actions if milestones are not met (see Appendix Tables 1 and 2) — Failure to meet target is not a violation; failure to increase actions is — SOPs for partials and planned maintenance, emergency repairs, etc. (EPA guidance/templates for small and medium systems.) © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Proactive Lead Service Line Replacement • Benefits: — Primary source of lead in contact with drinking water will be largely removed over time — Reduced public health risk and costs of corrosion control treatment — Improved process for planning and replacing LSLs (e.g. can include in capital improvement programs) — Improved awareness of location of LSLs and PLSLs — Improved communication with consumers and public health partners about the risks of lead in drinking water — Reduced risk/consequences from treatment upsets or source water changes © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Sampling: Continuous & Customer Initiated Lead Control Program Copper Control Program Provide Public Education Information and Consumer Confidence Report Provide Information in Consumer Confidence Report Maintain Water Quality Monitoring & Corrosion Is water corrosive? Control Do Lead Service Customer Treatment Lines Exist? Requested needed? Tap Sampling No Yes No Yes Yes No Public Education Water Lead Service HAL SAL Quality Line Exceeded? Exceeded? No Parameter Replacement Change such Monitoring Program that water is not Yes No No Yes corrosive Contact Report to Report to Yes Health Customer Customer Agency and to and to Change and Report State State and Maintain Water Change Treatment Maintain Water to Evaluate Quality Treatment or or Source Quality Conditions Customer CCT and Conditions Source other Conditions © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Current Tap Sampling Requirements • Currently PWSs conduct tap sampling for lead, with sample site selection tiers and first draw sampling protocol. — If the AL is exceeded, small/med systems triggered to CCT and all systems must do PE and LSLR until results are under the AL for two monitoring periods • Issues with current approach: — Sampling protocol may not capture the highest lead levels (not from LSL, inconsistent sampling from customers, variability among properties, etc.) — Recruitment is difficult and labor intensive — Sampling is infrequent and in relatively few homes © 2016 Water Research Foundation. ALL RIGHTS RESERVED. Modify Tap Sampling Requirements • Voluntary customer initiated
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