Lisa Jones Phone: (502) 782-1288 Email: Lisa.C.Jones@ky.gov

Environment and Conservation, Drinking Water, Lead

This administrative regulation establishes standards and requirements to control amounts of lead and copper in public drinking water, as well as provides requirements for special monitoring for corrosivity characteristics.

This administrative regulation limits the amount of lead and copper in drinking water which is essential to protect public health. The proposed amendment is required by 42 U.S.C. §300g-6 (b) and (c) in order to maintain Kentucky's primary authority and federal funding to administer its Safe Drinking Water Program. All states with primary authority to implement the federal Safe Drinking Water Act must have compatible state regulations. Additionally, the federal Lead and Copper Rule Revisions, published in January 2021 and effective in October 2024, and the federal Lead and Copper Rule Improvements, published in October 2024 and having a compliance date in November 2027, that require water systems to monitor schools and childcare facilities for lead, and to take other measures to reduce lead and copper in public drinking water require an amendment to this administrative regulation. Additional requirements are added for the control and use of lead-free pipes, fittings, fixtures, solder, and flux for drinking water, as well as provisions for compliance flexibility for certain small water systems.

KRS 224.10-100(28) and 224.10-110 authorize the cabinet to adopt and enforce administrative regulations for the purification of water for public and semipublic use, and for the construction and operation of water treatment systems and distribution systems. The proposed amendment provides standards and requirements for enhancing the purity of drinking water and for use of construction materials used in the distribution of public water.

This administrative regulation limits lead and copper amounts in drinking water which is essential to protect public health. The proposed amendment incorporates and conforms to federal requirements for monitoring schools and childcare facilities for lead, and allows compliance flexibility where the State has obtained primacy and the State adopts regulations to provide compliance flexibility consistent with 40 C.F.R. 141. Other requirements are included for the special monitoring for corrosivity characteristics within a water system and for the control and use of lead-free pipes, fittings, fixtures, solder, and flux for drinking water, as well as provisions for compliance flexibility for certain small water systems.

The proposed amendment incorporates the federal Lead and Copper Rule Improvements, published in October 2024 and has a compliance date in November 2027, for monitoring schools and childcare facilities for lead, monitoring residences and businesses for lead, replacing lead and lead-contaminated galvanized iron service lines in drinking water distribution systems, and allowing compliance flexibility where the State has obtained primacy over its Safe Drinking Water program and adopts regulations to provide compliance flexibility consistent with 40 C.F.R. 141.

The proposed amendment is required by 42 U.S.C. §300g-6 (b) and (c) in order to maintain Kentucky's primary authority and federal funding to administer its Safe Drinking Water Program, and also to allow compliance flexibility where the State has obtained primacy for this subpart and the State adopts regulations to provide compliance flexibility consistent with 40 C.F.R. 141. (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 224.10-100(28) and 224.10-110 authorize the cabinet to adopt and enforce administrative regulations for the purification of water for public and semipublic use, and for the construction and operation of water treatment systems and distribution systems. The proposed amendment incorporates and conforms to federal regulations.

This administrative regulation limits lead and copper amounts in drinking water which is essential to protect public health. The proposed amendment is required by 42 U.S.C. §300g-6 (b) and (c) in order to maintain Kentucky's primary authority and federal funding to administer its Safe Drinking Water Program, and also to allow compliance flexibility where the State has obtained primacy for this subpart and the State adopts regulations to provide compliance flexibility consistent with 40 C.F.R. 141.

No, this administrative regulation or amendment does not implement Kentucky legislation from the previous five years.

This administrative regulation applies to 391 public water systems which are often owned by city governments or organized under county governments. Other districts may, in some cases, have a public water system. Most Kentuckians are served by a water system that must comply with the federal Lead and Copper Rule Improvements rule.

Public water systems will need to monitor and provide education to schools and childcare facilities, and increase public communication and education in general, regarding lead in drinking water, develop replacement plans and replace all lead and lead-contaminated galvanized service lines by December 2037, increase monitoring (annual or triennial) for lead and copper at select individual residences and businesses, monitor water quality parameters that impact corrosivity, install or adjust corrosion controls to limit lead and copper from corroding into drinking water, provide point-of-use filtration devises to customers impacted by lead service line disturbance and replacement activities, and adjust or install source water treatment if appropriate. Small systems will be allowed compliance flexibility where the State has obtained primacy and the State adopts regulations to provide compliance flexibility consistent with 40 C.F.R. 141. Lead service lines in Kentucky residential properties (estimated to be 0.3% - 1.5%) or lead-contaminated galvanized service lines (estimated to be 1.3%) must be replaced by 2037, either by the property owner or the water system which serves them. Other requirements are included for the special monitoring for corrosivity characteristics within a water system and for the control and use of lead-free pipes, fittings, fixtures, solder, and flux for drinking water.

The estimated annual cost to the cabinet is $1,660,290. The EPA-estimated cost for all water systems to be in compliance is $12.5 million. Costs will be much lower for those with no service lines requiring replacement, than for those with many lead and galvanized service lines. Kentucky has fewer lead service lines than the national average, and some water systems will see only marginal expense increases for water sampling, public education, and administration.

Public water systems will benefit from clear and consistent state and federal regulations with equivalent requirements. Kentuckians with lead or galvanized service lines in household, school, or childcare facilities will gain health benefits from reduced drinking water lead levels due to increased monitoring, improved corrosion control treatment, and replacement of lead and galvanized services lines. The EPA estimates that the total child cognitive benefits of implementing the LCRI nationwide range from $5.789 billion to $8.108 billion. These benefits are due to prevention of IQ loss, ADHD, and low birth rate, all impacts of lead poisoning. Kentucky is home to 1.3% of the U.S. population, with 79% fewer lead service lines than the national average; therefore, the child cognitive benefit of implementing this rule in Kentucky is estimated to be $15.8 million to $22.1 million. In adults, high blood lead levels can cause cardiovascular disease and premature mortality. EPA estimates that the total national cost of lead-caused cardiovascular disease (specific to lead from drinking water) is between $7.704 billion and $17.04 billion. For Kentucky alone, implementing this rule would have a healthcare savings benefit of $21 million to $46.5 million for adults. Other benefits of implementing this rule that have been identified through extensive research but have not been quantified monetarily, include reductions in cardiovascular morbidity effects, renal effects, reproductive and developmental effects (apart from ADHD and low birth weight), immunological effects, neurological effects (apart from children’s IQ), and cancer. This rule requires water systems to provide extensive public communication about lead, which will educate consumers and enable them to reduce lead exposure in other areas as well, including more common lead exposure pathways such as lead-based paint and environmental lead.

The current cost of the program to the agency is approximately $113,000 per year. The amendment to this administrative regulation is expected to cost the agency an additional $201,907 per year for the first five years, to cover about 5,071 hours per year, or 3 FTEs, for initial compliance monitoring and technical support.

The cost for this amendment to this administrative regulation is expected to cost approximately $1,660,290 annually (9 FTEs), an increase of $1,547,290 over the current primacy costs, for compliance monitoring and technical support after the first five years.

Funding for Kentucky's drinking water program is a combination of state general funds and federal funds to administer the Safe Drinking Water Act and, through FFY 2026, the federal Infrastructure Investment and Jobs Act, provided there are no changes to current commitments. The proposed amendment is required by 42 U.S.C. §300g-6 (b) and (c) to maintain Kentucky's primary authority and federal funding to administer its Safe Drinking Water Program.

This administrative regulation does not establish any fees, or directly or indirectly increase any fees.

This administrative regulation does not establish any fees, or directly or indirectly increase any fees.

Yes, tiering is applied. The proposed amendment to this administrative regulation provides separate standards and requirements for water systems based on the size and characteristics of the population served by the water system and type of construction materials used in drinking water distribution lines.

KRS 224.10-100(28) and 224.10-110 authorize the cabinet to adopt and enforce administrative regulations for the purification of water for public and semipublic use, and for the construction and operation of water treatment systems and distribution systems. The Safe Drinking Water Act (42 U.S.C. §300f through §300j-26) and 40 C.F.R. 141.42, and 141 Subpart I, Sections 141.80 through 141.93 establish analytical methods, monitoring and mitigation requirements and action levels, school and childcare facility lead monitoring and education, and small systems compliance flexibility where the State has obtained primacy for this subpart and the State adopts regulations to provide compliance flexibility consistent with 40 C.F.R. 141, for public water systems to follow for the control of lead and copper. The Reduction of Lead in Drinking Water Act of 2011 (42 U.S.C. § 300g-6) established limits on lead contained in drinking water plumbing materials. The proposed amendment is required by 42 U.S.C. §300g-6 (b) and (c) to maintain Kentucky's primary authority and federal funding to administer its Safe Drinking Water Program.

The promulgating agency is the Division of Water.

The current cost of the program to the agency is approximately $113,000 per year. For the first five years, the amendment to this administrative regulation is expected to cost the agency an additional $201,907 annually for 5,071 hours per year, or 3 FTEs, for initial compliance monitoring and technical support.

The amendment to this administrative regulation will not generate revenue.

The amendment to this administrative regulation and implementation of this program does not have any direct cost savings to the cabinet or regulated entities. However, the health benefits are expected to save $220 to $417 million in health care costs nationwide, especially for children who are most impacted by lead poisoning.

The amendment to this administrative regulation is expected to cost approximately $1,660,290 annually (9 FTEs), an increase of $1,547,290 over the current primacy costs, for compliance monitoring and technical support after the first over the current primacy costs, for compliance monitoring and technical support.

This administrative regulation applies to 391 public water systems which are often owned by city governments or organized under county governments. Other districts may, in some cases, have a water system.

The current costs to the regulated community range from $2.9 million - $3.4 million per year. The amendment to this administrative regulation will result in approximate annual expenditures for water systems of $12.5 million; however, this number will be borne largely by the water systems with lead service lines and galvanized service lines requiring replacement, and will be higher in the first 10 years than in subsequent years. Kentucky has fewer lead service lines than the national average. The majority of water systems will only have cost increases related to additional sampling, public education, and administration, estimated to be $8,931/system per year. Estimated increases in individual household water bills, averaged over the whole state, will be $6.73/year; however, there is likely to be a broad range, with customers in communities with lead service lines potentially seeing larger increases.

This amendment will not generate revenue.

The amendment to this administrative regulation and implementation of this program does not have any direct cost savings to the cabinet or regulated entities. However, the health benefits are expected to save $220 to $417 million in health care costs nationwide, especially for children who are most impacted by lead poisoning.

During years 1-3 (2025 through 2027), expenditures will remain relatively stable while most water systems meet administrative requirements and plan for the new requirements. Starting in 2028, costs will increase for water systems coinciding with the start or increase of water sampling, service line replacement, and customer communication requirements. Costs will be highest from 2028-2037, due to the required 10-year timeframe in which water systems must replace all lead and certain galvanized iron service lines.

There are no additional regulated entities.

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There are no additional regulated entities.

The estimated increase in annual costs to the cabinet is $201,907/year for the first five years, and $1,547,290 over the current primacy costs, for compliance monitoring and technical support after the first /year in subsequent years. Assuming a 35-year timeframe to implement this rule, the annual cost to all water systems in Kentucky is estimated by the EPA to be $12.5 million; however, this number will be borne largely by the water systems with lead service lines and galvanized service lines requiring replacement, and will be higher in the first 10 years (2028-2037) than in subsequent years. Water systems with no lead or galvanized service lines needing replacement are expected to see their costs increase by an average of $8,931 per system per year for public education, sampling, and administrative expenses; whereas those with many lead service lines will have annual costs in the millions of dollars. Estimated increases in individual household water bills, averaged over the whole state, will be $6.73/year; however, there is likely to be a broad range, with customers in communities with lead service lines potentially seeing larger increases.

The cabinet referred to estimates provided by the EPA in its Economic Analysis for the Final Lead and Copper Rule Improvements (https://www.epa.gov/system/files/documents/2024-10/508_lcri_final_ea_10-21-2024.pdf) and associated appendices (https://www.epa.gov/system/files/documents/2024-10/508_lcri_final-ea_appendices_10_23_24.pdf) to calculate costs. Current costs to the Division of Water are based on the compensation to the Lead and Copper Rule manager (2/3 of employee time), and technical assistants (five staff at 15-20 hours per year). Costs to industry are estimated as increases to the “baseline” conditions described in Economic Analysis Appendices for the Final Lead and Copper Rule Improvements (EPA 810-R-24-005), U.S. Environmental Protection Agency, Office of Water (October 2024), which compare the expected costs of the LCRI with the baseline costs of the 1991 Lead and Copper Rule.

Yes, the amendment to this administrative regulation will have a major economic impact of $500,000 or more, in the aggregate.

The cabinet referred to estimates provided by the EPA in its https://www.epa.gov/system/files/documents/2024-10/508_lcri_final_ea_10-21-2024.pdf Economic Analysis for the Final Lead and Copper Rule Improvements (https://www.epa.gov/system/files/documents/2024-10/508_lcri_final_ea_10-21-2024.pdf) and associated appendices (https://www.epa.gov/system/files/documents/2024-10/508_lcri_final-ea_appendices_10_23_24.pdf) as well as agency data to calculate costs.

The Safe Drinking Water Act (42 U.S.C. §300f through §300j-26) and 40 C.F.R. 141.42, 141 Subpart I, 143 Subpart B, and the Reduction of Lead in Drinking Water Act of 2011 (42 U.S.C. § 300g-6).

KRS 224.10-100(28) and 224.10-110.

The Safe Drinking Water Act (42 U.S.C. §300f through §300j-26) and 40 C.F.R. 141.42, and 141 Subpart I, establish analytical methods, monitoring requirements and action levels, school and childcare facility lead monitoring and education, and small systems compliance flexibility where the State has obtained primacy for this subpart and the State adopts regulations to provide compliance flexibility consistent with 40 C.F.R. 141, for public water systems to follow for the control of lead and copper. The Reduction of Lead in Drinking Water Act of 2011 (42 U.S.C. § 300g-6) established limits on lead contained in drinking water plumbing materials. The proposed amendment is required by 42 U.S.C. §300g-6 (b) and (c) in order to maintain Kentucky's primary authority and federal funding to administer its Safe Drinking Water Program.

No. The amendment to this administrative regulation adopts the federal requirements.

The amendment to this administrative regulation does not impose stricter standards, or additional or different responsibilities or requirements, from the federal standard.