ASDWA Submits Comments on EPA’s Federalism Consultation on the Lead and Copper Rule Improvements

Pursuant to Executive Order 13132, which directs federal agencies to consult with state and local officials, or their national organizations, when developing regulations that impose substantial compliance costs on state and local governments, EPA held a Federalism Consultation on the Lead and Copper Rule Improvements (LCRI) on October 13, 2022.  This consultation was also used to meet requirements under the Unfunded Mandates Reform Act. ASDWA staff provided a high-level overview of state primacy agency concerns and priorities during the October consultation and coordinated with state administrators, as well as lead and copper rule managers, to develop ASDWA’s written comments, submitted on December 12, 2022. Major recommendations for the LCRI include:

  • Establishing a requirement for compulsory and proactive lead service line replacement, regardless of a water system’s 90th percentile lead level
  • Elimination of the lead trigger level
  • Reevaluation and strengthening of the tap sampling protocol
  • Streamlined corrosion control requirements and small system flexibilities
  • Updated communication materials, rule guidance, and data management capabilities

The recommendations emphasized the willingness of state co-regulators to more closely collaborate with EPA throughout the LCRI rule making process to ensure the final rule is implementable, streamlined, and provides enhanced public health protection from lead in drinking water. EPA’s federalism consultation memo and associated comments can be found under Docket No. EPA-HQ-OW-2022-0813 on