EPA Is Right To Defend the Lead and Copper Rule Improvements
We strongly support EPA’s defense of the Lead and Copper Rule Improvements (LCRI). The agency’s sustained commitment to eliminating lead service lines reflects a clear understanding that this is a solvable public health problem—and one that requires urgency, clarity, and sustained follow-through.
EPA recently asked the DC Court of Appeals to uphold its LCRI in response to a legal challenge filed by the American Water Works Association (AWWA). In December 2024, AWWA petitioned for judicial review, requesting EPA revise two central components of the rule:
The requirement that utilities replace all lead service lines (LSLs) within 10 years, which AWWA argues is infeasible due to financial, logistical, and workforce constraints.
The requirement that utilities replace the privately owned portion of a service line when they have “access,” which AWWA argues improperly expands utility responsibility to manage and maintain infrastructure on private property.
EPA Argues the 10-Year Timeline Is Feasible
EPA maintains that 10 years represents the fastest feasible timeframe for most systems. Based on data from active replacement programs, EPA estimates that 98-99% of water systems could meet this deadline by replacing 39 service lines per 1,000 connections every year. The agency points to lead-burdened communities such as Newark, Denver, and Detroit that have achieved or exceeded similar replacement rates. Acknowledging that systems with unusually high numbers of LSLs may face additional challenges, the rule includes flexibilities for deadline extensions in those communities.In response to AWWA’s concerns about supply chains and workforce strains, EPA concluded that projected increases in demand for materials and labor are relatively modest and manageable with existing capacity.
Full Replacement Is Necessary for Public Health
EPA argues that replacing both publicly and privately owned portions of lead service lines is essential to meet public health protections under the Safe Drinking Water Act (SDWA). While EPA acknowledges that corrosion control and tap monitoring remain critical safeguards, the agency correctly asserts that they are not fail-safes. Partial replacements can actually increase short-term lead exposure. Long-term protection requires full replacement.
“Access” vs. “Control” vs. “Ownership”
EPA rejects AWWA’s claim that water systems lack “control” over privately owned portions of service lines. The agency argues that if a water system can physically and legally access a service line to disconnect and replace it, that infrastructure is under its control for purposes of the rule, regardless of ownership.
Water systems routinely enter private property for emergency repairs or meter work. Since 1991, the Lead and Copper Rule has required actions affecting the entire service line, including privately owned portions.
Importantly, the rule does not mandate replacements where access is impossible or a property owner refuses consent. In those cases, systems are only required to document the lack of access or demonstrate that they made a "reasonable effort" to obtain it.
Why We Support EPA’s Position
Updated LSL Estimates Strengthen the Case
EPA’s recent inventory data estimates approximately 4 million remaining LSLs nationwide. While systems and states are still refining inventories, so the final numbers are not yet known, the total is likely significantly lower than the 9.2 million estimate used in prior economic analyses.
The math is simple. Fewer LSLs means lower total cost and a more achievable 10-year timeline. The feasibility case is stronger today than it was when EPA first modeled the rule.
Many Communities Are Already on Track
From big cities to small towns, communities across the country are demonstrating that rapid LSL replacement is possible. Detroit, Milwaukee, Denver, and Washington, D.C. are completing between 2,000–8,000 replacements annually. Communities like Akron, OH, and Cynthiana, KY, are approaching or completing replacement of all their LSLs.
As programs scale, communities will continue to make progress as they reduce costs through economies of scale, smart contracting, and streamlined processes.
Several states, including Michigan, New Jersey, and Illinois, adopted firm LSL replacement mandates before the LCRI. Similar legislation is currently under consideration in New York and Ohio. Clear deadlines create the regulatory certainty needed for multiyear planning and investment.
Barriers Are Real – But Not Insurmountable
Water utilities face legal, financial, and operational barriers to full LSL replacement. But those barriers can be addressed through policy reform, program design, and concrete actions at the local, state, and federal level.
States are clarifying utility authority to access private property for LSL identification and replacement:
New Jersey and Louisiana permit municipalities to authorize utility access to private property with proper notice.
Indiana allows non-owner occupants to grant access for LSL replacements under certain conditions.
Virginia, New York, and Tennessee are considering similar clarifications.
Where constitutional or statutory limits restrict the use of municipal funds for private side replacement, legislative reform is underway. New York’s proposed Lead Pipe Replacement Act would clarify municipal authority to use bonds and water rates for private side replacements.
Effective community engagement also matters. Across the country, cities like Avondale, PA, Lancaster, PA, and Wausau, WI are partnering with community-based organizations and NGOs to increase participation and obtain consent.
Let’s Get the Lead Out
Since the Flint water crisis, public awareness of lead risks has fundamentally shifted. Many communities are already moving forward with replacement. The LCRI’s clear deadline helps ensure that progress is consistent, timely, and not dependent on local politics.
We agree with EPA that removing all the nation’s LSLs is achievable. The solution: accelerating progress through innovation and removing barriers by creating enabling conditions:
Increasing cost-effectiveness with smarter contracting and procurement
Streamlining programs through automatic enrollment policies
To learn more about EPIC’s approaches and best practices for accelerating LSL replacement, visit:
