HomeMy WebLinkAbout2023-05-18; Lead and Copper Rule Update (Districts - All); Quiram, VickiTo the members of the:
CITY COUNCIL
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May 18, 2023
CMWD Board Memorandum
To: Carlsbad Municipal Water
From: Vicki Quiram, General Manager
Via: Scott Chadwick, Executive Ma a..ige~...,.,,--
Re: Lead and Copper Rule Update Dis
Ccarlsbad
Municipal Water District
Memo ID# 2023047
This memorandum provides updated information related to development of the U.S.
Environmental Protection Agency's (EPA) 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 (LCR).
Background
The EPA established the LCR in 1991, and corrections and revisions were made in 2000 and 2004.
On December 22, 2020, the EPA finalized the first major update to the LCR in nearly 30 years,
which updated the lead and copper contaminate level goals.
On December 16, 2021, the EPA announced new January 2021 Lead and Copper Rule Revisions
(LCRR). The LCRR support near-term actions to reduce lead in drinking water. These revisions
became effective on December 16, 2021, with a compliance date of October 16, 2024. The EPA
has committed to revising the LCRR by October 16, 2024, with the Lead and Copper Rule
Improvements (LCRI). The LCRI are expected to delay implementation requirements for portions
of the LCRR past the October 16, 2024, compliance date; however, the EPA is maintaining the
October 16, 2024, compliance date for a lead service line inventory that includes both public
services and private laterals.
In California, the State Water Resources Control Board (State Board) enforces the California Lead
and Copper Rule that is aligned with the EPA's LCRR. Each state is interpreting the requirements
of EPA's updated rule differently, and the State Board is still attempting to clearly define the
requirements for completing the inventory in California, which has resulted in ongoing changes.
Staff have been moving ahead with the inventory project and coordinating with the Regional
Water Quality Control Board staff and other agencies in the state to assure compliance with all of
the state's requirements.
The following steps are required to meet the completion of a lead service line inventory
regulatory compliance date of October 16, 2024:
Carlsbad Municipal Water District
5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t
Board Memo -Lead and Copper Rule Update (Districts -All)
May 18, 2023
Page 2
• Create an inventory of service lines, including research, field verification of a statistically
significant number of service lines and geographic information system (GIS) mapping 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
• Submit the lead service line inventory to the State Board
• If lead is found, submit a Lead Service Line Replacement Plan to the State Board
• Make the inventory publicly accessible on line
• 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 exposure
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 indicating 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 approximately $80,000 and an additional
approximately $60,000 is expected 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 will likely be directed to lead line replacements, after the
inventories are complete in states that have older infrastructure and find significant amounts of
lead.
Next 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:
• 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
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
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