The statement of scope for this rule, SS 050-24, was approved by the Governor on May 16, 2024, published in Register No. 821A3 on May 20, 2024, and approved by the Natural Resources Board on August 14, 2024. This rule was approved by the Governor on insert date. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, RENUMBERING, RENUMBERING AND AMENDING, CONSOLIDATING, RENUMBERING, AND AMENDING; AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 809.04 (34) and (75), 809.545 (1g), (1k) (b) 4., (1k) and 809.549 (5) (a) 2. and (b) 2.; to renumber NR 809.545 (1); to renumber and amend NR 809.549 (1), (2), and (3), and 809.80 (5); to consolidate, renumber, and amend NR 809.549 (5) (a) (intro.) and 1., and (5) (b) (intro.) and 1.; to amend NR 809.04 (1), (22), (46), (55), (59), (65), and (79), 809.35 (5) (b), 809.541 (1), (4) (b) and (8), 809.545 (title), (2a), (5), and (7), 809.549 (4) (title) and (a), 809.55 (5) (a), (5) (b), and (8) (c), 809.76 (1), 809.82 (5), 809.833 (3) (c) 6., (5) (c), (7) (j) 2., Appendix A to Subch. V table row “Lead (ppb),” 809.951 (2) (a), Appendix A to Subch. VII table row I. C. and I. C. 1., and Appendix B to Subch. VII table row D. 23. and Footnote 12; to repeal and recreate NR 809.54, 809.542, 809.543, 809.545 (2) to (7), 809.546 (1) (a) 2., 809.546, 809.547, 809.548, 809.55, and 809.835 (3) (a); and to create NR 809.04 (1m), (2d), (10m), (22m), (25m), (30m), (34m), (37q), (37u), (46f), (55m), (56m), (59d), (61m), (65g), (72f), (73m), (74s), (86d), (86h), (86p), (86t), and (92m), 809.545 (1c), (1k), (1n), (1r), and (1w), 809.546 (5), 809.549 (1g), (2) (b), and (3) (b), 809.55 (5) (e) and (6) (d), 809.551, 809.552, 809.80 (5) (b), 809.833 (7) (j) 2m. and 4., 809.950 (3) (c) 6. and (5) (d), 809.951 (1) (b) 10., and Appendix A to Subch. VII table row I. C. 2.; relating to updating lead and copper requirements for public drinking water in order to be consistent with revised federal requirements and affecting small business. |
DG-04-24
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Chapters 280 and 281, Wis. Stats. 2. Statutory Authority: Chapters 280 and 281, Wis. Stats., including ss. 280.11 and 281.17(8), Wis. Stats. 3. Explanation of Agency Authority:
Section 280.11, Wis. Stats. – The department shall, after public hearing, prescribe, publish, and enforce minimum reasonable standards and rules and regulations for methods to be pursued in the obtaining of pure drinking water for human consumption and the establishing of all safeguards deemed necessary in protecting the public health against the hazards of polluted sources of impure water supplies intended for human consumption.
Section 281.17(8), Wis. Stats. – The department may establish, administer, and maintain a safe drinking water program no less stringent than the requirements of the safe drinking water act, 42 USC 300f to 300j-26. 4. Related Statutes or Rules: Chapter NR 809, Wis. Adm. Code – Safe Drinking Water, establishes minimum standards and procedures for the protection of public health, safety and welfare in the obtaining of safe drinking water.
5. Plain Language Analysis:
The U.S. Environmental Protection Agency (EPA) authorizes states to have primary enforcement responsibility for the Safe Drinking Water Act regulations (also called primacy) if states meet certain requirements, including adoption and administration of state regulations no less stringent than the federal regulations. The Wisconsin Department of Natural Resources (department) administers Wisconsin’s safe drinking water program, codified in part in ch. NR 809, Wis. Adm. Code, including the control of lead and copper in public water systems. This rulemaking updates the state administrative code to be no less stringent than new federal regulations governing lead and copper, which is necessary for Wisconsin to retain its primacy. The proposed rule would bring Wisconsin into compliance with the federal rules, closely mirroring the federal language. Historically, lead pipes, as well as lead-bearing fixtures and solder, were commonly used in water distribution systems and home plumbing. Buildings and homes built before 1986 may have lead service lines on the private property that connects the building's plumbing system to the main water supply line under the street. These lines can deteriorate or corrode, releasing lead particles into the drinking water. Lead service lines (both private- and utility-owned) create increased exposure to lead through drinking water.
There is no known safe level of exposure to lead in drinking water, especially for children. Among other effects, lead exposure can cause damage to the brain and kidneys and can interfere with the production of red blood cells that carry oxygen to all parts of the body. In children, even at low levels, lead exposure can cause health effects like lower intelligence quotient (IQ) and learning and behavioral problems. In adults, health effects include risk of heart disease, high blood pressure, kidney or nervous system problems, and cancer.
The EPA established the 1991 Lead and Copper Rule (LCR) that applies to community water systems and non-transient non-community water systems (for example, schools, factories, and office buildings). This rule focused on corrosion control treatment – chemical treatment that reduces the corrosivity of water – to prevent the leaching of lead into water and replacing utility-owned lead service lines only when a public water system exceeded the lead action level after installing corrosion control treatment.
Recently, the EPA finalized two new rules amending the Lead and Copper Rule and setting new requirements for lead service lines and control of lead to provide safer drinking water: the 2021 Lead and Copper Rule Revisions (LCRR) and the 2024 Lead and Copper Rule Improvements (LCRI). In the LCRR, the EPA updated regulations for lead and copper control in drinking water, acknowledged the various detrimental effects that lead has on humans’ nervous, cardiovascular, and immune systems, and found there was no safe level of lead in drinking water. The EPA then finalized the LCRI, which amended parts of the LCRR and added requirements for public water systems to replace remaining lead service lines throughout the United States.
Primacy states like Wisconsin must update state regulations to be no less stringent than the federal regulations. The LCRI delayed implementation of some parts of the LCRR to allow primacy states to promulgate state rules for both the LCRR and the LCRI together. During the delay in implementing the LCRR, the EPA retained enforcement authority over some components of the LCRR, including the requirement for public water systems to develop a lead service line inventory. The compliance deadline for most of the LCRI is November 1, 2027. Wisconsin anticipates completing its rulemaking and primacy review with the EPA to ensure continued primacy over the lead and copper rules with sufficient time to meet its primacy and compliance deadlines for the LCRR and LCRI.
Lead service line replacement
The proposed rule requires replacement of lead service lines and certain galvanized service lines from community water systems and non-transient non-community water systems in 10 years or less. In limited circumstances, public water systems may have additional time to complete system-wide full service line replacement. The proposed rule requires that public water systems replace lead service lines and certain galvanized service lines regardless of the lead levels occurring in tap or other drinking water samples.
Knowing the location of lead pipes is critical to replacing them efficiently and equitably. Under the proposed rule, community water systems and non-transient non-community water systems would be required to regularly update their service line inventories, create a service line replacement plan, and identify service lines of unknown material. The proposed rule requires that public water systems use a validation process to ensure the service line inventory is accurate. Public water systems would also be required to track lead connectors in their inventories and replace them as they are encountered.
Improving public health protection
The proposed rule includes provisions that will reduce lead exposure in more communities by lowering the lead action level from 0.015 mg/L to 0.010 mg/L. Public water systems with continually high levels of lead, as determined by having multiple lead action level exceedances, will be required to conduct additional outreach to consumers about lead in the drinking water and to provide consumers with filters that are certified to reduce lead.
Additionally, the proposed rule updates the tap sampling protocol to require public water systems to collect both first-liter and fifth-liter samples at sites with lead service lines rather than first-liter only. This method will better represent water that has been stagnant within the service line and the plumbing, helping public water systems better understand the effectiveness of their corrosion control treatment.
Compliance flexibility options
The proposed rule retains flexibilities for public water systems serving 3,300 persons or fewer and non-transient non-community public water systems, allowing them to choose between two alternatives to corrosion control treatment installation if they exceed the lead action level: installing and maintaining point-of-use treatment devices or replacing all lead-bearing plumbing.
The proposed rule will also allow public water systems to replace all lead and galvanized requiring replacement service lines within five years in lieu of adding or re-optimizing corrosion control treatment after a lead action level exceedance.
Increasing transparency and informing the public
To increase transparency and better inform the public of lead exposure and health risks, the proposed rule improves the public education requirements by updating the content and delivery frequency for more proactive messaging about lead in drinking water. The proposal also introduces new public education requirements for lead and copper.
The proposed rule requires public water systems to provide additional information annually when notifying consumers who are served by a service line that is lead, galvanized, or of unknown material. In addition, when a public water system samples for lead or copper at a residence, it must deliver the results to residents within three days, regardless of the sample results. Public water systems that exceed the lead action level will be required to provide public education no later than 60 days after the end of a sampling period and continue providing public education until the system no longer exceeds the action level. This public education is in addition to the requirement for water systems to provide public notification of a lead action level exceedance within 24 hours.
Public water systems will be required to deliver public education and notice materials to residents when water-related work is conducted that could disturb service lines that are lead, galvanized, or of unknown material, including disturbances caused when systems are conducting inventories. Public water systems will be required to encourage customers to allow full replacement of their lead lines, including attempting to contact the customer four times using at least two different methods of communication.
The proposed rule also requires community water systems to conduct lead sampling in elementary schools and child care facilities and to provide them with education materials. The purpose of these requirements is to provide schools and child care facilities with education on the risks of lead in their buildings so that they can consider taking voluntary actions in response.
