HomeMy WebLinkAbout2023-12-14; Lead and Copper Rule Update (Districts - All); Quiram, VickiCcarlsbad
Municipal Water District
Memo ID# 2023125
d Memorandum
December 14, 2023
To: Carlsbad Municipal Water Distric of Directors
From: Vicki Quiram, General Manager
Via: Scott Chadwick, Executive Mana r
Re: Lead and Copper Rule Update (Districts -All)
This memorandum provides an update to the information in the July 27, 2023, CMWD Board
Memorandum (Attachment A), regarding the U.S. Environmental Protection Agency's (EPA) Lead
and Copper Rule, including the Lead and Copper Rule Revisions and the forthcoming Lead and
Copper Rule Improvements. The Lead and Copper Rule is one of the new water quality
regulations applicable to public water systems, including the Carlsbad Municipal Water District
(CMWD).
Background
The Lead and Copper Rule is 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 committed to building upon the 2021 Lead and Copper Rule Revisions
(LCRR) with the Lead and Copper Rule Improvements (LCRI).
On November 30, 2023, the EPA released its proposal for the LCRI. The overarching goals of the
rule improvement are to identify and replace all lead service lines within 10 years, improve public
health protection and increase public transparency.
Discussion
Since the last update to the CMWD Board in July 2023, CMWD staff have continued to field-verify
service line materials and ensure compliance with the continually changing requirements of the
lead and copper regulations originally published in 1991. Staff have visited approximately 400 of
the 1,000 State Water Resources Control Board (or State Water Board)-approved sites, which
have included the oldest structures in the CMWD service area that have a higher likelihood of
lead service line materials due to their installation dates. No lead material has been identified to
date.
The remaining service line field-verifications are in areas of newer development and have a much
less likelihood of encountering lead service materials due to ongoing changes to the Uniform
Plumbing Code and the CMWD engineering standards, which included increasingly stringent lead
service line restrictions.
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)
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
Attachment A
To the members of the :
CllY COUNCIL /
Datstt1 e '3 CA ✓CC_:::::/
CM _ AC VOCM (3) ~ Ccarlsbad
Municipal Water District
Memo ID# 2023079
ard Memorandum
July 27, 2023
To: Carlsbad Municipal Water Dist i t
From: Vicki Quiram, General Manage
Via: Scott Chadwick, Executive Ma age
Re: Lead and Copper Rule Update stricts -All)
This memorandum provides an update to the information in the May 18, 2023, CMWD Board
Memorandum (provided as Attachment A), regarding the U.S. Environmental Protection Agency's
(EPA) Lead and Copper Rule. The Lead and Copper Rule is one of the new water quality
regulations applicable to public water systems, including the CMWD.
Background
The Lead and Copper Rule is 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. On December 16, 2021, the EPA announced new Lead and Copper Rule Revisions
(LCRR). The LCRR included 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
(Compliance Date).
The EPA has committed to revising the LCRR with the Lead and Copper Rule Improvements
(LCRI), which will delay some implementation of the new requirements past the Compliance
Date. However, the EPA is maintaining the Compliance Date for the newly required lead service
line inventory that includes both public services and private laterals1. Staff continue to work
toward meeting this testing requirement by the Compliance Date.
Discussion
The CMWD's public water system contains over 32,000 service connections. Currently, there are
not any known lead service lines in the public water system. The CMWD has performed required
regulatory water testing, and the presence of lead has not been indicated in any of the testing
results.
1 In general, water districts own the water main, or pipe, that is under the street as part of the
distribution system. Service lines are placed perpendicular to the water main and deliver water from the
main to each water customer. Water districts own the service line from the main to the meter, and private
customers own the service line downstream from the meter to the building (i.e., private laterals).
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)
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 p1:.1blic
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 the 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 of the 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 Boa rd 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
To the members of the:
CllY COUNCIL
Date t;QP>l23CA ✓ CC /
CM __iL, CM ,LDCM (3) /
May 18, 2023
ATTACHMENT A
CMWD Board Memorandum
To: Carlsbad Municipal Water • tric oard of Directors
From: Vicki Quiram, General Manager
Via: Scott Chadwick, Executive Ma a-'ge..:4--Ht-
Re: Lead and Copper Rule Update Dis
(Carlsbad
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
ofthe LCRR past the October 16, 2024, compliance date; howevE!r, 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
o 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
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 on line
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 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 (CIV!WD) 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 arid 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 stc1ff 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
a More protective action and trigger level limits for lead and copper tests
a 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
i I i ·1
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