Ten AGs Filed Comments on EPA’s Proposed Lead and Copper Rule Update

FEBRUARY 12, 2020

California Attorney General Xavier Becerra led a coalition of 10 state attorneys general in filing comments on the EPA’s proposed update to the Lead and Copper Rule. In their comments, the AGs noted that the EPA’s proposed update includes significant improvements over current regulations, but that other aspects fail to adequately protect public health, potentially in violation of the Safe Drinking Water Act (SDWA). In particular, the AGs warned that the proposed rollback of the lead service line replacement rate—from 7 percent to 3 percent annually–may violate an “anti-backsliding” provision in the SDWA. The AGs also urged the EPA to acknowledge new information on the health impacts of lead in drinking water by establishing a lower “action level” threshold for triggering cleanup requirements, instead of maintaining the existing threshold of 15 micrograms per liter.