Loading...
HomeMy WebLinkAbout2024-05-23; Lead and Copper Rule Update (Districts - All); Padilla, DaveCMWD Board Memo -Lead and Copper Rule Update (Districts -All) May 23, 2024 Page 2 Report Submittal to the State DDW Staff are now packaging the inventory submittal per the DDW specifications and anticipate submitting the inventory for approval by late summer 2024, in advance of the October LCRR deadline. Staff are preparing a final completion report that will memorialize the CMWD's inventory approach and findings. The inventory will then be audited at random by the DDW's LCRR task force or during the CMWD's next sanitary survey. Public Availability Requirement Per the requirements of the LCRR, public water systems with a service population greater than 50,000 must make their inventory available online. The CMWD service population is 95,158; therefore, the CMWD is subject to the online requirement. The DDW accepts several methods to make the inventory publicly accessible, such as an online spreadsheet or an interactive map. The Code of Federal Regulations also allows for a "statement of non-lead" in the public water system's annual consumer confidence report (CCR) in lieu of an on line accessible inventory, in the event the inventory does not include lead service lines. The DDW has yet to clarify if this is an acceptable alternative. The CMWD will continue to monitor the DDW requirements and will engage in discussions with the Communication & Engagement and Information Technology Departments to fulfill the public accessibility requirement before the October deadline. New LCRI Requirements Expected after October 2024 Owning a "non-lead" public water system significantly reduces the impact of the forthcoming LCRI to the CMWD operations. The primary goal of the LCRI is to replace all lead service lines in the United States, estimated to be over nine million, within 10 years of its adoption. Additional requirements for public outreach and tap sampling requirements will also be included in the LCRI to expedite timely replacements. While the CMWD will see a reduced impact by the LCRI because its inventory does not include lead service lines, some provisions will apply, such as: • new tap sampling procedures • lowering of the lead action level to 10 parts per billion (ppb) • public outreach requirements in the event of action level exceedance • increased requirements to test schools and childcare facilities All of these are expected to result in some impacts to existing operations. The DDW may further amend the LCRI with requirements specific to the State of California; one of which is expected to be annual supplemental field inspections to further verify statistical models used to determine "non-lead" service lines. Staff will continue to monitor the LCRI as it is further developed and will update the Board of any significant changes upon its formal adoption into the Federal Register. CMWD Board Memo -Lead and Copper Rule Update (District s -All) May 23, 2024 Page 3 School and Childcare Facility Sampling Requirements The adoption of the LCRI, which is expected by the end of 2024, will build upon the school and childcare sampling requirements originally specified in the LCRR. Currently, under the existing LCRR, public water systems are to collect tap samples and test for lead at all childcare facilities, and elementary and primary schools within their service area as defined by the DDW beginning October 16, 2024, and must be completed by October 16, 2029, with at least 20% of qualifying facilities tested each year. Current DDW guidance defines childcare facilities as those licensed by the State Department of Social Services, but remains unclear on family childcare homes, which are licensed by local agencies, or other facilities that host pre-school programs, such as the city's Calavera Hills Community Park, Scout House or Kruger House. Further clarification from the DDW is anticipated in response to the LCRI release. The CMWD estimates 41 school and childcare facilities require testing per the DDW's current definition of a childcare facility. Public water systems must also offer to test secondary schools (9th to 12th grade) per the LCRR. Day care and school facilities are not required to be tested should the institution decline the offer. Carlsbad Village Academy, Sage Creek and Carlsbad High Schools are secondary schools within the CMWD's service area that may accept the offer for tap sampling. School and Childcare Facility Outreach/Communication Upon formal adoption of the LCRI, the CMWD will coordinate an outreach approach with the Communication & Engagement Department prior to engaging the sampling effort with qualifying facilities. Close coordination will be required with these facilities as the premise plumbing will need to remain idle for eight to 18 hours prior to sample collection. As a result, the CMWD anticipates testing during the summer months or seasonal breaks. School and childcare sampling must commence October 16, 2024, and be completed by October 16, 2029, with at least 20% of qualifying facilities tested each year. Public water systems are also required to provide a copy of the EPA's Training, Testing and Taking Action {3T's) for Reducing Lead in Drinking Water in School and Childcare Facilities as part of the sampling outreach process. Next Steps Staff will submit the inventory to DDW for approval by late summer 2024, in advance of the October LCRR deadline. Staff will continue to monitor the status of the LCRI adoption and coordinate an outreach approach upon adoption. School and childcare sampling must commence October 16, 2024. Attachment: A. CMWD Board Memorandum dated December 14, 2023 CMWD Board Memo -Lead and Copper Rule Update (Districts -All) May 23, 2024 Page 4 cc: Geoff Patnoe, Assistant Executive Manager Cindie McMahon, General Counsel Paz Gomez, Deputy City Manager, Public Works Gary Barberio, Deputy City Manager, Community Services Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief Gina Herrera, Assistant General Counsel Maria Callander, Information Technology Director Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director James Wood, Environmental Sustainability Director Dave Padilla, District Engineer John Maashoff, Public Works Manager Randy Metz, Fire Marshal Board Memo -Lead and Copper Rule Update (Districts -All) December 14, 2023 Page 2 While lead service line sampling is ongoing, CMWD staff continue to monitor regulations to ensure compliance. The proposed LCRI released last week provides more information on what will be required for those water purveyors that find and need to replace lead service lines after the inventory deadline of October 16, 2024. Any lines that do not meet the requirements would need to be replaced within 10 years with no less than 10% of services replaced each year. Staff do not expect the recent LCRI proposed changes to impact the CMWD operations. Next Steps Staff will continue to field-verify service line materials at select locations to complete the CMWD's service line inventory. The service line inventory must be submitted to the State Water Board by October 16, 2024, which is the LCRR deadline. Staff anticipate completing the field- verifications by summer 2024 and will submit the inventory to the State Water Board for approval shortly thereafter, which would be a few months prior to the deadline. Staff will continue to track the LCRI as it is further developed and eventually published into the Federal Register. The EPA anticipates finalizing the LCRI before the LCRR compliance begins on October 16, 2024. Staff will update the CMWD Board of any significant changes. Attachment: A. CMWD Board Memorandum dated July 27, 2023 cc: Geoff Patnoe, Assistant Executive Manager Cindie McMahon, General Counsel Gary Barberio, Deputy City Manager, Community Services Paz Gomez, Deputy City Manager, Public Works Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director James Wood, Environmental Sustainability Director Dave Padilla, Assistant General Manager/District Engineer Gina Herrera, Deputy General Counsel John Maashoff, Public Works Manager Randy Metz, Fire Marshal Board Memo -Lead and Copper Rule Update (Districts -All) July 27, 2023 Page 2 In 2022, staff began implementing actions to ensure compliance with all provisions of the new EPA regulations before the Compliance Date. Staff have completed the required verification for over 50% of the public and private laterals in the CMWD's service area, and there were no lead service lines detected. A field verification process for the remaining half of the CMWD's laterals is now required. Prior to beginning this process, on June 26, 2023, staff submitted a formal field verification plan to the State Water Resources Control Board (-SWRCB). The plan includes physically sampling pipe material from a representative sample of the remaining meters on both the private and public sides, and the state approved the plan on June 30, 2023. Next Steps The physical sampling of the CMWD laterals began this week on July 24, 2023. Using the methodology provided in the Field Verification Sampling Plan, staff will perform t he sampling of 1,000 meter boxes. The sampling process is non-invasive and is completed by opening up the meter box in the public right-of-way. It takes about three minutes to complete the process. In addition, staff need to take samples where the water lateral enters the home at 50 different locations. Staff have worked closely with the Communication & Engagement Department staff to ensure that customers are appropriately notified of the testing process. CMWD staff regularly work on meters near the edge of a customer's private property, to operate and maintain the CMWD facilities. Using CMWD staff to perform the sampling, both field verification processes will be complete by August 2024, well in advance ofthe Compliance Date. The mapping of the materials and submittal of all regulatory reports and plans will also be completed by the Compliance Date. Attachment: A. CMWD Board Memorandum dated May 18, 2023 cc: Geoff Patnoe, Assistant Executive Manager Cindie McMahon, General Counsel Ron Kemp, Senior Assistant General Counsel Gary Barberio, Deputy City Manager; Community Services Paz Gomez, Deputy City Manager, Public Works Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director James Wood, Environmental Sustainability Director Dave Padilla, District Engineer Gina Herrera, Deputy General Counsel John Maashoff, Public Works Manager Randy Metz, Fire Marshal Board Memo -Lead and Copper Rule Update (Districts -All) July 27, 2023 Page 3 Eric Sanders, Utilities Manager Daniel Zimny, Utilities Senior Engineer I I .J I I Board Memo -Lead and Copper Rule Update (Districts -All) May 18, 2023 Page 2 o Create an inventory of service lines, including research, field verification of a statistically significant number of service lines and geographic information system (GIS) mappit,g of every service line on the: o Public side of the meter-from the main to the meter o Private side of the meter-from the meter to the house o Submit the lead service line inventory to the State Board o If lead is found, submit a Lead Service Line Replacement Plan to the State Board o Make the inventory publicly accessible online o If the material of any service line cannot be verified, it is considered "unknown" and the customer must be notified that they could have lead e><posure The LCRR and LCRI are part of the EPA's broader plan to work with federal, state and local governments to replace lead pipes to better protect communities from exposure to lead in drinking water. The EPA is expected to adopt the LCRI by October 16, 2024. Future deadlines of the LCRR and LCRI will include using new testing protocols designed to detect more sources of lead in drinking water, establishment of a "trigger" level to jumpstart mitigation earlier, driving complete rather than partial lead service line replacements, required testing in schools and childcare facilities and a forthcoming new primary drinking water regulation. Discussion The Carlsbad Municipal Water District's (CMWD) water system contains over 32,000 service connections. At this time, the CMWD has no known lead service lines in the public water system. In the past, as the CMWD has performed the currently required regulatory water sampling, there have not been any results indicati_ng the presence of lead. In 2022, staff began the development of a more comprehensive lead inventory of public and private laterals. As required in the LCRR, this inventory Includes specifically mandated verification processes. Staff have completed the verification required for over 50% of the public and private laterals. These laterals serve structures that were built after 1986, when lead was banned as an approved plumbing material by the California Health and Safety Code. The GIS mapping has been prepared to track the results for both the public and private sides of the meters. Although unlikely, as staff move forward in the verification process, some older homes could be found to have lead piping components on the private side of the lateral. Unfunded Federal Mandate EPA estimated the cost of the rule to public water systems would be $131,792,000 (low cost estimate) to $298,820,000 (high cost estimate) at a 3% discount rate, and $136,605,000 (low cost estimate) to $330,908,000 (high cost estimate) at a 7% discount rate. Carlsbad's cost for the analysis and mapping of the inventory to date is approJdmately $80,000 and an additional approximately $60,000 is e>cpected to be spent to complete the field verification and mapping of the private laterals. Board Memo -Lead and Copper Rule Update (Districts -All) May 18, 2023 Page 3 More details on future costs for implementation of the LCRI can be estimated when EPA adopts the new LCRI, which EPA plans to do on October 16, 2024. If lead services are identified, which is expected to be very unlikely, future costs will be significantly higher. Additional important resources outside of the regulatory framework include some recent federal infrastructure appropriations for water infrastructure as well as legislative funding proposals currently in development. These wlll likely be directed to lead line replacements, after the inventories are complete in states that have older infrastructure and find significant amounts of lead. Nent Steps The CMWD is in the process of implementing a plan to assure compliance with all provisions of these new regulations before the October 16, 2024, deadline. As recently as this week, the State Board better clarified the requirements for the verification process, and staff will now submit a formal verification plan for approval. This month, staff will begin the field verification process which includes physical sampling of the pipe material on both the private and public sides of about 1,000 meters in areas that were built before 1986. In addition, 50 samples will need to be taken where the water lateral enters the home. The sampling process is non-invasive and takes about three minutes. Using CMWD staff to sample, both processes will be complete by August 2024, and the CMWD does not expect to have any services defined as "unknown." The mapping of the materials and submittal of all regulatory reports and plans will be completed by the October 16, 2024, deadline. The final rulemaking step by the EPA will be development of a proposed National Primary Drinking Water Regulation, the LCRI, prior to October 16, 2024. It is expected to focus on: o Replacing all lead service lines o Strengthening compliance tap sampling 0 More protective action and trigger level limits for lead and copper tests o Prioritizing lead service removal in underserved communities cc: Geoff Patnoe, Assistant E><ecutive Manager Cindie McMahon, General Counsel Ron l<emp, Senior Assistant General Counsel Gary Barberio, Deputy City Manager, Community Services Paz Gomez, Deputy City Manager, Public Works Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director James Wood, Environmental Sustainability Director I . I I I I I i j I I ! I I l f ' i ' Board Memo -Lead and Copper Rule Update (Districts -All) May 18, 2023 Page 4 Dave Padilla, Assistant General Manager/District Engineer Gina Herrera, Deputy General Counsel John Maashoff, Public Works Manager Randy Metz, Fire Marshal Eric Sanders, Utilities Manager Daniel Zimny, Utilities Senior Engineer