Compliance Advisory: Failure to Comply with Certain New Safe Drinking Water Act Lead and Copper Rule Requirements May Result in Federal Enforcement
October 8, 2024
Protecting people from lead in drinking water is a longstanding priority of the U.S. Environmental Protection Agency (EPA). Accordingly, enforcing the Safe Drinking Water Act’s Lead and Copper Rule will help reduce the public’s exposure to lead. This Compliance Advisory is directed to public water systems that are classified as either community water systems or non-transient non-community water systems (collectively, water systems).
This Compliance Advisory describes how the EPA intends to monitor compliance and enforce the key provisions of the 2021 Lead and Copper Rule Revisions that will remain in place after the issuance of the final Lead and Copper Rule Improvements in October 2024.
The 2021 Lead and Copper Rule Revisions’ (LCRR) October 16, 2024, implementation date is approaching. The EPA issued the final Lead and Copper Rule Improvements (LCRI) on October 8, 2024. The 2024 LCRI modified requirements and extended deadlines for most of the requirements in the 2021 LCRR. However, EPA retained selected provisions from the 2021 LCRR, including the October 16, 2024, compliance deadline, and incorporated them into the 2024 LCRI. These provisions are highlighted below and pertain to water systems’ completion of initial service line inventories, providing required public education to impacted customers and conducting the required public notification.
The 2024 LCRI builds on the 2021 LCRR and the original 1991 Lead and Copper Rule. As explained in the EPA’s final LCRI announced on October 8, 2024, and in earlier publications like the EPA’s April 2024 LCRR Implementation Fact Sheet, the Agency has retained the 2021 LCRR’s October 16, 2024, compliance date for the initial service line inventory, public education for known or potential service lines containing lead, public notification of a lead action level exceedance, and associated reporting requirements.
Compliance Deadlines
The EPA will monitor compliance, conduct inspections, and take enforcement, as appropriate, to address the requirements below.
Initial Service Line Inventory
By October 16, 2024, a water system must submit an initial service line inventory or demonstrate the absence of lead service lines. Failure to meet the deadline will result in a violation of the Lead and Copper Rule and the water system may be subject to enforcement actions. Failure to submit its initial inventory by the deadline requires the water system to publicly notify residents. Additionally, water systems are required to include location identifiers in the publicly accessible inventory.
Public Education for Known or Potential Lead Service Lines
Within 30 days of submitting the initial service line inventory, a water system must notify residents of known or potential lead service lines, galvanized requiring replacement, and lead status unknown service lines in its distribution system. Water systems serving more than 50,000 people must make the inventory publicly accessible and available online.
Lead Action Level Exceedance Tier 1 Public Notification
Starting October 16, 2024, water systems are required to provide Tier 1 Public Notification of a system’s lead action level exceedance to people served by the water system no later than 24 hours after the system learns of the exceedance.
Reporting Requirements
All water systems must comply with associated reporting requirements.
EPA’s Enforcement Obligations
Under section 1413 of the Safe Drinking Water Act (SDWA) the EPA approves a state, Tribe, or territory that applies for and meets the requirements to have primary enforcement responsibility (i.e., primacy) for the public water system supervision (PWSS) program. Whenever the EPA promulgates new or revised National Primary Drinking Water Regulations (NPDWRs), primacy agencies must apply for primary enforcement authority for those new regulations. Until a state, Tribe, or territory obtains primacy or interim primacy for a new or revised NPDWR, the EPA serves as the primacy agency for the NPDWR.
Section 1445 of the SDWA authorizes the EPA to conduct inspections and issue information requests to determine whether water systems are complying with SDWA requirements. Under SDWA section 1414, the EPA serves as the primary enforcement authority until a state, Tribe or territory obtains primacy for a new or revised NPDWR, such as LCRR and LCRI. After a state, Tribe or territory receives primacy for revised NPDWRs, the EPA retains independent enforcement authority under SDWA section 1414.
To assure improved public health protection from the 2024 Lead and Copper Rule Improvements (LCRI), noncompliance with the key underlying service line inventory, public education, and public notification provisions in LCRR summarized above, must be addressed by water systems without delay. The EPA intends to continue its close coordination with states, Tribes, and territories as the Agency assesses water systems’ compliance. The EPA intends to take prompt, meaningful enforcement actions to address noncompliance with the retained requirements from the 2021 LCRR that occurs following the October 16, 2024, deadline. The EPA’s enforcement role is essential in ensuring public health protection, especially when serving as the primacy agency until a state, Tribe or territory obtains primacy for the new Lead and Copper Rule.
Information on EPA’s Audit Policy
Regulated entities of any size who voluntarily discover, promptly disclose, expeditiously correct, and take steps to prevent recurrence of potential violations may be eligible for a reduction or elimination of any civil penalties that otherwise might apply. Most violations can be disclosed and processed via the EPA’s automated online “eDisclosure” system.
To learn more about the EPA’s violation disclosure policies, including conditions for eligibility, please review the EPA’s Audit Policy webpage. Many states also offer incentives for self-policing; please check with the appropriate state agency for more information.
Information Resources
The following EPA resources provide more information and guidance about the requirements referenced in this compliance advisory: