Lead Service Line Replacement: Regulatory Perspective 06/18/2019 Justin Burke Manager - Compliance Assurance Section Division of Drinking and Ground Waters Ohio EPA

LSL – Regulatory Perspective LSL refresher/primer LSL Challenges Regulations related to LSLs State and Federal assistance efforts Summary

Lead Service Lines (LSLs) Pipes and connections from main to the house Lead could comprise the majority of the service line historically, copper and plastic are used now Main -> “corp” stop -> gooseneck/pigtail -> service line pipe -> curbstop -> service line pipe -> water meter -> shutoff valve “Public Side” vs “Private Side”

Lead Service Lines (LSLs) Corrosion Control Adjusting the water chemistry Addition of an inhibitor LSLs vs Fixtures

Lead Service Lines

LSL Challenges Administrative, Engineering, and Remediation The balance of public health, priorities and costs

LSL Challenges Ownership of the LSL Costs Service disruptions Legal authority to require private owners to replace the “private side” of the service line Increase in lead concentrations in partial LSL replacements Liability of construction Costs $2,000 - $10K for an LSLR Estimate of $30B for nationwide Service disruptions Inconvenience Temporary increase in lead concentrations

LSL Challenges Prioritization/Resources Will Notification, corrosion control, data collection Will Political, Utility, Consumers Greater Cincinnati Water Works and other large public water systems have successful LSL replacement programs Local level efforts appear effective, but still require significant resources and political backing Large public water systems have programs in place to replace LSLs when found on main repair/replacement projects Small, medium systems struggle with costs, data

Regulation & LSLs Focus compliance monitoring at locations that contain lead Service Lines Internal piping and materials that would have used lead components By rule, public water systems can be required to replace LSLs when corrosion control is proven ineffective Require public water systems to offer, at the expense of the owner, replacement of private side if system is replacing public side

Regulation & LSLs Ohio House Bill 512 (Ohio Revised Code 6109.121) effective on September 9, 2016 Emphasized requirements for notification to consumers Mapping requirements New mapping rules in 2020/2021? Did not address LSL replacement Updated Lead and Copper Rules Providing filters during disruption/partial

Lead Drinking Water Assistance Lead Plumbing Fixture Replacement Assistance Grants (HB 390 - 2016) Administered by Ohio Facilities Construction Commission $12M state funds ($15K per school for investigation and material costs for replacement) Voluntary 2 rounds of grant awards

Lead Assistance

Lead Assistance

WINN Act & LSLs Federal Water Infrastructure Improvements for the Nation (WINN) Act Lead Testing in School and Child Care Program Drinking Water Grant $43.7M nationally, $1.361M allotted for Ohio No money for remediation, only investigation Voluntary

WINN Act & LSLs Federal Water Infrastructure Improvements for the Nation (WINN) Act (cont) Ohio Department of Health (ODH) is state lead Working with Ohio Jobs & Family Services to identify in-home daycares Ohio EPA, ODH identifying funding resources for remediation (not funded by WINN grant) Focus on disadvantaged communities

Summary Significant funding and resource challenges for statewide LSL replacement program State and Federal assistance programs focus on children Regulatory programs focus on corrosion control and notification Directives through legislation have focused on consumer notification rather than source removal (HB512, HB390)

Summary Voluntary programs like GCWW’s LSL replacement program are successful, and could be used as blueprints for other public water systems Statewide LSL removal requirements would likely need to come with funding alternatives and direction/authority to prioritize lead in drinking water for the public water system and regulatory agencies, as well as address private property considerations