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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 I I !