HomeMy WebLinkAbout2021-12-23; Lead and Copper Rule Update (Districts - All); Gomez, PazTo the members of the:
CITY COUNCIL
Date '2 ['2.~;2J CA ✓ CC ✓
CM ✓ ACM ✓ DCM (3) ✓
CMWD Board Memorandum
Dec.23,2021
To:
From:
Via:
Re:
Carlsbad Municipal Wa er Di trict Board of Directors
Paz Gomez, Deputy City """-l,~E>F,11 Public Works
Vicki Quiram, General Man g
Scott Chadwick, Executive ana er
Lead and Copper Rule Update (Districts -All)
Ccarlsbad
Municipal Water District·
Memo ID #2021232
This memorandum provides information related to development of the U.S. Environmental
Protection Agency, or EPA,'s commitment to use its statutory authority, technical assistance,
funding and other tools to protect all Americans from lead exposure in drinking water through
revisions to the Lead and Copper Rule, or LCR.
Background
The EPA established the LCR in 1991. Corrections and revisions were subsequently made in 2000
and 2004. On Dec. 22, 2020, the EPA finalized the first major update to the LCR in nearly 30
years, which updated the lead and copper contaminant level goals.
Discussion
On Dec. 16, 2021, the EPA announced new Lead and Copper Rule Revisions, or LCRR, that
support near-term actions to reduce lead in drinking water. These revisions became effective on
Dec. 16, 2021, with a compliance date of Oct. 16, 2024, to give states three years to take actions
for regulatory compliance.
One of the necessary requirements in the LCRR is to complete and make public a lead service line
inventory as a necessary step to achieve 100% removal of lead service lines. The EPA intends for
the initial lead service line inventory to be submitted by the Oct. 16, 2024, compliance date.
Maintaining this compliance deadline ensures water systems will make continued progress to
identify lead service lines, which is a complicated but necessary process in the EPA's lead
reduction efforts.
The other new actions required in the LCRR 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 and
required testing in schools and child care facilities.
The action to adopt the LCRR is part ofthe 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. As such, the EPA will develop a new proposed rulemaking process to further
Carlsbad Municipal Water District
5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 t
Board Memo -Lead and Copper Rule Update (Districts -All)
Dec.23,2021
Page 2
strengthen key elements of the LCRR, resulting in a forthcoming new primary drinking water
regulation, Lead and Copper Rule Improvements, or LCRI, prior to the Oct. 16, 2024, deadline.
This is the same date when water agencies must comply with the new rules of the LCRR and any
other subsequent rulemaking.
The final rulemaking step by the EPA will be development of a proposed National Primary
Drinking Water Regulation LCRI prior to Oct. 16, 2024. It is expected to focus on:
• Replacing all lead service lines
• Strengthening compliance tap sampling
• More protective action and trigger level limits for lead and copper tests
• Prioritizing lead service removal in underserved communities
Additional important resources outside of the regulatory framework include the recent federal
infrastructure appropriations as well as legislative funding proposals currently in development.
Carlsbad Municipal Water District, or CMWD, Impact
The CMWD was compliant with the LCR as it existed before the announcement of the LCRR on
Dec. 16, 2021. The LCRR deadline is intended to provide agencies three years to undertake the
new requirements. The CMWD is in the process of developing plans to ensure compliance with
all provisions of these new regulations before the Oct. 16, 2024, deadline.
At this time, the CMWD has no known lead service lines in the public water system. However,
there is a possibility that some older neighborhoods may need to be researched further. On the
private side of the meter, some older homes may have lead piping components in the private
laterals and indoor plumbing fixtures, fittings and solder. In the past, as the CMWD had
performed the currently required regulatory water sampling, there had not been any results that
indicated the presence of lead or copper.
Next Steps
Beginning in early 2022, the first step that the CMWD will undertake to comply with these new
regulations is to begin to develop a more comprehensive lead inventory of public and private
laterals.
cc: Geoff Patnoe, Assistant Executive Manager
Celia Brewer, General Counsel
Laura Rocha, Deputy City Manager, Administrative Services
Robby Contreras, Assistant General Counsel
Tom Frank, Transportation Director/City Engineer
Ryan Green, Finance Director
Kristina Ray, Communication & Engagement Director
Dave Padilla, District Engineer
Eric Sanders, Utilities Manager