2024-007 LCRR Compliance ISR February 16,2024 Report No. 2024-007
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Compliance efforts for EPA's Lead and Copper Rule Revisions and Improvements
EXECUTIVE SUMMARY:
The United States Environmental Protection Agency(EPA)recently updated the Lead and Copper
Rule (LCR) with a package of amendments referred to as the Lead and Copper Rule Revisions
(LCRR). An additional update,referred to as the Lead and Copper Rule Improvements (LCRI), is
currently moving through the rulemaking process at EPA. Staff secured resources through the
Fiscal Year 2024 Capital Improvement Plan and a contract with HDR, Inc. to ensure compliance
with the new regulations.
DISCUSSION:
The LCR was put in place in 1991 to formalize regulations regarding the use of lead and copper
in public drinking water systems. The LCRR was passed on December 16, 2021, to include new
standards for lead sampling procedures, proactive identification and removal of lead piping, and
public outreach and education,with most included rules becoming effective October 16, 2024. An
additional update to the LCR, the LCRI, is moving through the rulemaking process. Following
review of public comments received by EPA, the LCRI is anticipated to be effective in October
2024. Some proposed changes within the LCRI are significant when compared to the LCRR, and
with the potential for increased regulations by October 2024, many utilities are considering
increased response efforts in line with the proposed changes. The table below summarizes key
dates in the development of the LCR and the availability of resources to staff.
Lead and Copper Rule (LCR) June 7, 1991
Lead and Copper Rule Revisions (LCRR) December 16, 2021
HDR, Inc. Services Secured November 1, 2022
HDR, Inc. Contract Amendment February 20, 2024 (pending approval)
Lead and Copper Rule Improvements (LCRI) Expected prior to October 16, 2024
LCRR Compliance Date October 16, 2024
LCRI Compliance Date October 16, 2027(pending a final rule)
Initial LCR requirements heavily restricted new installation of lead piping within drinking water
systems and set up lead and copper monitoring requirements, which have helped utilities mitigate
the risks involved with lead piping. While the health impacts of lead consumption can be
significant, well-established water treatment practices are shown to limit water line corrosion and
greatly reduce the ability of lead to leach into drinking water. Sampling programs have tested the
effectiveness of Denton's corrosion control processes, and lead levels have remained significantly
below minimums established under any current or proposed versions of the LCR. Staff is confident
that our water customers will continue to have a near-zero risk of lead exposure from Denton's
water supply.
February 16, 2024 Report No. 2024-007
In addition to LCR's requirements, the LCRR requires the development of a Service Line
Inventory and may require the removal and replacement of existing lead service lines. The LCRR
contains standards which would require proactive replacement of lead service lines if lead
sampling results in a 90th percentile of the data value of 0.010 milligrams per liter (mg/L) or
higher. The latest draft of the LCRI would require service line replacement regardless of sampling
results. Staff is currently compiling an inventory of suspected and confirmed lead service lines.
Where a clear record of service line material is not available, Staff inspects the portion of the pipe
visible within the meter enclosure and hydro-excavates a limited area around the meter as needed.
The service line inventory will be completed prior to the LCRR effective date of October 16,2024
and will inform any subsequent service line replacement program under the LCRR and LCRI.
Staff is working with HDR, Inc. to develop a Replacement Roadmap to account for all service
lines which may require replacement under the LCRR, with consideration of expected upcoming
LCRI requirements, financial impact to the Department, and any effects on customers. Currently,
the most aggressive option follows the latest draft of the LCRI—replacement of all required service
lines (Lead, Galvanized Requiring Replacement, and any other lines treated as Lead) within 10
years. To meet this target, the utility has budgeted $2 Million per year based on current inventory
estimates and plans to coordinate carefully with Streets and Capital Projects during service line
replacement planning. Service line replacements under the LCRR and LCRI include the portion of
the service line connecting the water main to the water meter, which the City owns, as well as the
portion of the service line from the water meter to the building, which the property owner or
customer owns. While lead service lines behind the meter are not common, staff is working with
HDR, Inc. to design a program to assist customers with replacing piping on their property, where
required based on the LCRR and anticipated sections of the LCRI.
Lead sampling has been a part of Denton's standard practices for many years;however,the LCRR
restructures many aspects of lead sampling programs. These changes include increased sampling
frequency, additional sample sites, and strict monitoring of schools and daycares constructed
before 2014. The Texas Commission on Environmental Quality (TCEQ) has instituted additional
monitoring programs in preparation for the implementation of the LCRR. Staff is complying by
participating in an early adoption program that will demonstrate the effectiveness of existing
corrosion control practices. When complete, the utility is expected to receive flexibility in certain
sampling requirements.
The LCRR provides public outreach requirements for most included components, ensuring
transparency regarding lead exposure risks and mitigation efforts. For example, the service line
inventory is to be made publicly accessible and available online, annual notices are to be sent to
all customers whose service lines may include lead, and annual Consumer Confidence Reports
must include updated health effects language relating to lead and copper exposure. Related
outreach procedures will allow the utility to partner with customers on targeted mitigation efforts,
where identified, using the LCRR and LCRI framework. Staff identified additional CIP funds to
February 16, 2024 Report No. 2024-007
support the public outreach requirement and secure the assistance of HDR, Inc. HDR will help
staff develop communications materials to comply with the new regulations and help customers
understand the utility's compliance efforts. Key deliverables of this contract include a public-
facing website, a social media outreach plan, educational materials for schools, a public-facing
interactive service line inventory map, form letters for customer-specific communications, and
cohesive branding for all LCR-related publications.While many of these communication materials
will be published or dispatched immediately, others will be scheduled for future release or will be
prepared for response to specific triggering events.
Compliance with the LCRR and LCRI requires numerous coordination points, including
departments across the organization and external stakeholders. Water Utilities is leading these
efforts in close partnership with Environmental Services & Sustainability. Marketing &
Communications and Technology Services are assisting with the creation of communication and
website materials,Budget is providing guidance on securing proper financial resources,and Streets
and Capital Projects will be consulted to coordinate service line replacements in tandem with other
roadway construction projects. HDR, Inc. is providing contractual support from a planning
standpoint and will assist with outreach and communications. In addition to Denton's compliance
efforts, many municipalities and utilities across the region, the state, and the country have
collaborated to discuss various strategies as we all navigate the new legal landscape introduced by
these rules.
CONCLUSION:
Staff discussed the needed funding for LCRR and LCRI compliance with City Council during the
2024 budget process. As a result of these discussions Council approved 10 million dollars in the
5-year capitol plan for LCRR and LCRI compliance. Staff will continue efforts to ensure
compliance with the LCRR and will closely monitor development of the LCRI and all
requirements therein. Staff will continue to provide proactive communication to City Council and
the public as plans come together.
STAFF CONTACT:
Tyler Dawson
Business Information Administrator
tyler.dawsonkcityoufdenton.com
940-349-8944
REOUESTOR: Staff initiated
PARTICIPATING DEPARTMENTS:
Environmental Services & Sustainability
Marketing & Communications
Technology Services
STAFF TIME TO COMPLETE REPORT: 20 hours