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July 26, 2023
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Water systems should begin preparing now for the October 16, 2024 deadline to submit a lead service line inventory. The new requirement was established in recent updates to the federal Lead & Copper Rule as part of the broader effort to eliminate drinking water service lines made of lead. All public water systems, whether municipal or investor-owned, large or small, must develop an inventory of their service line materials and develop a plan to replace certain service lines.

The Lead & Copper Rule was first promulgated in 1991, and generally requires the managers of water systems to develop and maintain effective corrosion prevention techniques to prevent the leaching of lead and copper into drinking water supplies. The LCR requires regular monitoring and additional requirements are triggered if lead or copper are detected at certain levels.

High profile events like the Flint Water Crisis drew renewed attention to the harm caused by lead in drinking water. In response, the Environmental Protection Agency (EPA) promulgated updates to its National Primary Drinking Water Regulation for Lead and Copper (also known as the Lead & Copper Rule or “LCR”).

The new federal regulations, which will be implemented in the Commonwealth by the Pennsylvania Department of Environmental Protection (PADEP), were published in the Federal Register in January 2021 and ultimately took effect in December 2021. 86 FR 4198.

The EPA has published guidance on the inventory, and PADEP has developed a form that it recommends be used as a template for the service line inventory.

While all water systems are required to submit an inventory, the specific requirements applicable to each water system may vary. Accordingly, we strongly recommend that all water systems take action now to review their obligations and begin preparing their service line inventories for the October 2024 deadline.

PADEP has additional information about the inventory and the new requirements, including training videos, available on its website at Lead and Copper Rule (pa.gov). Additionally, our experienced environmental professionals at McNees are available to assist with compliance and implementation of the LCR. For more information, please contact Brigid Khuri or Errin McCaulley.

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McNees Client Alert is presented with the understanding that the publisher does not render specific legal, accounting or other professional service to the reader. Due to the rapidly changing nature of the law, information contained in this publication may become outdated. Anyone using this material must always research original sources of authority and update this information to ensure accuracy and applicability to specific legal matters. In no event will the authors, the reviewers or the publisher be liable for any damage, whether direct, indirect or consequential, claimed to result from the use of this material.