February 5th, 2024 by Dakota Software Staff
As a facility manager responsible for processing drinking water, sudden compliance requirement changes can cause significant worry. Unfortunately, this is precisely what is happening with the EPA's proposed revisions to the National Primary Drinking Water Regulation (NPDWR) for lead and copper.
The crisis in Flint, MI underscored the gravity of these regulatory requirements and their importance for public health and safety. While primarily affecting public utilities, the proposed revisions will likely have far-reaching implications, affecting schools, hospitals, and certain manufacturers where the business operators may have responsibility for the lines that they own that connect to community water systems.
With the public comments period concluding today, all Environmental, Health & Safety (EHS) leaders should be aware of the proposed changes and their impacts.
The National Primary Drinking Water Regulations, a cornerstone of the Safe Drinking Water Act (SDWA) passed in 1974, represent a fundamental effort to ensure safe drinking water for the public. These regulations set enforceable health standards for contaminants in public water systems, safeguarding against waterborne pathogens, toxic chemicals, and other harmful substances.
In 2021, the Lead and Copper Rule Revisions (LCRR) were introduced as a response to growing concerns over lead contamination in drinking water – a problem highlighted by crises like Flint, Michigan. These revisions aimed to strengthen existing regulations by requiring more rigorous testing and management of lead and copper in public water systems. However, they were not without limitations.
Critics pointed out that the LCRR failed to address the full scope of lead contamination issues, particularly in older infrastructures where lead service lines were still in use. With this background in mind, let's focus on the specific changes proposed by the EPA, which aim to address the shortcomings of previous regulations.
The EPA's proposed changes to the NPDWR address the above limitations and enhance the safety of drinking water across the nation. These changes include:
Replacing Lead Service Lines: This is a critical step in mitigating lead contamination. Lead service lines, the pipes that connect the water mains to homes and buildings, are a significant source of lead in drinking water. Replacing these lines with safer materials is a proactive measure to eliminate a primary route through which lead enters the water supply, especially crucial in older cities with aging infrastructures.
Removing the Lead Trigger Level: The current regulations include a 'trigger level' for lead, which, if exceeded, requires water systems to undertake additional actions. By proposing to remove this trigger level, the EPA aims to simplify and streamline the regulatory process, focusing more on preventive measures rather than reactive ones.
Reducing the Lead Action Level to 0.010 mg/L: This proposed change significantly tightens safety standards. The 'action level' is the threshold at which water systems must take steps to reduce lead concentration. Lowering this level from the current standard demands stricter control and more rigorous efforts to maintain lead concentrations at a safer level.
Strengthening Tap Sampling Procedures: The EPA is looking to improve the procedures for sampling water at the tap. This measure ensures that testing more accurately reflects the lead levels that consumers are exposed to, thereby enabling more effective interventions and remedies.
Enhancements in Corrosion Control, Public Education, and Consumer Awareness: These improvements focus on preventing lead from leaching into water and increasing public awareness about the risks of lead and copper. Enhanced corrosion control can reduce the likelihood of lead and copper dissolving into drinking water. At the same time, educational initiatives can empower consumers and communities to be vigilant and proactive about water safety.
Specific Requirements for Small Systems: Recognizing that smaller water systems face unique challenges, the EPA proposes specific, tailored requirements for these systems. This ensures that smaller communities are not overlooked and have the resources and guidance necessary to comply with these critical safety standards.
The EPA's proposed changes to the National Primary Drinking Water Regulations (NPDWR) have far-reaching implications for a variety of stakeholders:
Community Water Systems (CWS): These systems supply water to the same population year-round and are at the forefront of the impact. The proposal to replace lead service lines necessitates a comprehensive review and potentially extensive overhaul of existing water infrastructure. This task is monumental, especially for systems in older cities where lead pipes are more prevalent. The financial and logistical aspects of such an upgrade pose significant challenges.
Non-Transient, Non-Community Water Systems (NTNCWS): The implications for NTNCWS, which include schools, hospitals, and some industries, are equally significant. These systems must ensure water safety for particularly vulnerable populations, such as schoolchildren and hospital patients. The requirement for stricter compliance means that these institutions must upgrade their infrastructure and implement more rigorous testing and monitoring procedures.
Indirect Impacts: The regulatory changes also have indirect implications for sectors not directly involved in water processing. For instance, businesses in the hospitality industry, such as hotels and restaurants, may be under greater scrutiny regarding the water they provide to customers. There will also be greater public attention on any industry that services children, such as schools and hospital systems, and facilities that service large numbers of people, such as universities and assisted living facilities. In addition, real estate developers and construction companies may need to adapt to new building codes related to water safety.
Environmental, Health, and Safety (EHS) management is critical in navigating the above changes and understanding their impacts on stakeholders.
For EHS professionals, the proposed NPDWR changes signal a need for a dynamic and forward-thinking approach to compliance:
Proactive Compliance Management: EHS managers must anticipate the changes and begin planning for compliance now rather than waiting for the regulations to take effect. This means assessing current water systems, identifying potential areas for improvement, and allocating resources for necessary upgrades.
Alignment with ESG Goals: These regulatory changes intersect with broader Environmental, Social, and Governance (ESG) goals. For organizations striving for sustainability and social responsibility, ensuring the safety of drinking water is a critical component.
Risk Management and Operational Continuity: Staying ahead of these changes is crucial for managing risk and maintaining operational continuity. Non-compliance can result in legal repercussions, financial penalties, and reputational damage. Moreover, ensuring safe drinking water is essential for the health and well-being of employees, customers, and the broader community.
In the face of challenging EHS compliance demands, Dakota Software can be an invaluable partner, offering tailored tools and solutions to simplify and streamline the adaptation to all regulatory changes.
Dakota Software's suite of tools – Profiler, Tracer, and Auditor – are specifically designed to address the multifaceted challenges posed by changing requirements, like those to the National Primary Drinking Water Regulations (NPDWR).
Profiler: This tool acts as a regulatory encyclopedia, providing up-to-date information on relevant EHS regulations. For the proposed NPDWR changes, it can help organizations understand how the requirements apply to their operations and stay on top of any changes.
Tracer: Task management becomes streamlined with Tracer. It helps organizations track compliance tasks, such as testing water quality or replacing lead service lines, ensuring that nothing falls through the cracks.
Auditor: Ensuring compliance is one thing; proving it is another. Auditor helps organizations conduct thorough audits and generate reports demonstrating compliance with all U.S. Federal EPA and OSHA requirements.
Are you looking for a way to stay on top of regulatory changes without getting overwhelmed? Dakota Software offers a solution. Request a demo today and discover how we can assist you in maintaining compliance, managing risks, and safeguarding public health.
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