In formal comments submitted recently on the proposed Lead and Copper Rule Improvements (LCRI) rule, the American Water Works Association (AWWA) reaffirmed its support for the removal of lead service lines nationwide, while recommending critical revisions to make the rule feasible to implement and affordable for communities.

“Over the last several decades, the drinking water community has made tremendous strides in reducing lead levels in drinking water,” AWWA wrote in comments to the U.S. Environmental Protection Agency (EPA), which announced its LCRI proposal on Nov. 30, 2023. “More can and should be done. The next steps in drinking water policy to further lead risk reduction must be credible, legally sound, truly feasible, and appropriate to the challenge at hand.”

AWWA wrote that EPA’s estimated cost of the rule—between $3 and 4.9 billion annually—is higher than any previous regulation under the Safe Drinking Water Act (SDWA), and the costs of compliance will be directly passed to water utility customers. According to AWWA estimates, the total cost of removing all lead service lines in the United States could top $90 billion. Noting that many community water systems are small and have limited resources, AWWA stressed that many communities will face financial, logistical, and personnel challenges and may be unable to meet EPA’s timeline.

AWWA supports EPA’s intention to continue with a “treatment technique” to control lead and copper, through which water systems actively manage the corrosivity of the water to minimize the possibility of lead getting into drinking water, rather than attempting to establish a maximum contaminant level at faucets within homes.

Among the chief concerns AWWA expressed was that the rule equates community water systems having “access” to private property with a system having “control” over the service line on private property. Because ownership of lead service lines is often split between a water system and private property owners, accessing pipes on private property is often a barrier to complete service line removal. AWWA stressed that control “is based on ownership. The definition of what is ‘under the control’ of water systems as described in SDWA does not include piping not owned by the water system, even when the actual owner uses their ‘control’ to grant ‘access’ to a water system.”

The proposed LCRI lowers the lead action level—a measure of the effectiveness of the corrosion control treatment in water systems—to 10 parts per billion (ppb) from 15 ppb, introduces a new sampling protocol, and changes how sample sites are prioritized. These changes will make the action level much harder to consistently achieve. AWWA’s comments stress that EPA has not demonstrated that water systems targeted by the rule will be able to consistently comply with the lower action level.

The public comment period on the LCRI proposal concluded Feb. 5.

“AWWA is a proponent of strong protections for water consumers today, while we work for a future when lead is no longer in contact with drinking water,” AWWA wrote. “AWWA hopes that these comments will assist EPA as it formulates a final LCRI that achieves additional risk reduction, while recognizing the additional resource-intensive challenges facing water systems, including per- and polyfluoroalkyl substances (PFAS), cybersecurity, climate change, and aging infrastructure.”

Implementation of the Lead and Copper Rule (LCR) over the past 25 years has resulted in major improvements in public health; the number of the nation’s largest drinking water systems with a 90th percentile sample value exceeding the LCR action level of 15 ppb has decreased by over 90 percent since the initial implementation of the LCR. An EPA white paper in 2016 on the LCR revisions states that median blood levels for young children have decreased ten-fold since the mid-1970s.

On January 31, at a hearing in Washington, D.C.,  before the Environment, Manufacturing, and Critical Materials Subcommittee of the U.S. House Committee on Energy and Commerce, the American Water Works Association (AWWA) testified about a collaborative approach to cybersecurity oversight in the water sector.

The hearing was titled “Ensuring the Cybersecurity of America’s Drinking Water Systems” and included experts from water organizations across the United States. Kevin Morley, AWWA federal relations manager, testified on behalf of the association, which represents 50,000 water professionals throughout North America and beyond.

“Strong cybersecurity measures are essential to ensuring a cyber incident does not threaten public health. Water systems need resources and regulatory oversight designed to mitigate the potential risks from cyberattacks around the clock, every day of the year. This means we need to act now,” Morley said.

Morley testified that a combination of regulatory and nonregulatory actions is necessary to tackle the cyber threats facing water systems. AWWA has recommended congressional action to support a new cybersecurity governance framework in the water sector that leverages the technical knowledge of utilities, cybersecurity experts, and regulators to implement a comprehensive cybersecurity risk management strategy. This model, authorized by federal legislation, would create an independent, nonfederal entity to lead the development of cybersecurity requirements using, in part, subject matter experts from the water sector. Federal oversight and approval of requirements would be provided by the U.S. Environmental Protection Agency, which already regulates drinking water and wastewater utility operations.

This collaborative approach builds on a similar model that has already been successfully applied in the electric sector. The recommendation also aligns with calls for greater public-private collaboration included in the National Cyber Strategy.

“The diverse nature of water utilities requires a tiered framework that recognizes the technical challenges facing the sector and sets reasonable cybersecurity requirements that focus on practical, protective, and implementable solutions,” Morley said.

In addition to establishing a sound oversight model, Morley shared three essential areas of collaboration that could enhance cybersecurity in the water sector. These areas include:

• Overcoming the digital divide
• Threat information sharing
• Vulnerability mitigation and technical assistance

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Dawn M. Flancher, P.E.
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American Water Works Association

The U.S. Environmental Protection Agency (EPA) has announced that it’s withdrawing its March 2023 Cybersecurity Rule. The American Water Works Association (AWWA) and National Rural Water Association (NRWA) are pleased with the decision and have renewed their call for a collaborative approach to cybersecurity measures in the water sector.

Both AWWA and NRWA joined Missouri, Arkansas, and Iowa in a legal challenge to the rule on behalf of their memberships. They pointed out that the rule was not consistent with the process Congress put in place to address cybersecurity concerns for water systems under the Safe Drinking Water Act or the American Water Infrastructure Act and was not issued with proper public engagement required by the Administrative Procedures Act.

In addition to concerns about the legal process and legality of the rule, the water associations expressed concerns that the rule would create additional cybersecurity vulnerabilities for utilities, as sanitary surveys required in the rule have public notification requirements. The rule would also have required cybersecurity reviews by state regulatory agencies that lack expertise and resources for cybersecurity oversight.

“AWWA is pleased that EPA has decided to withdraw its cybersecurity rule,” said David LaFrance, CEO of AWWA. “We also recognize that cyber threats in the water sector are real and growing, and we cannot let our guard down for even a moment. Strong oversight of cybersecurity remains critical. We urge the U.S. Congress and EPA to support a coregulatory model that would engage utilities in developing cybersecurity requirements, with oversight from EPA.”

“This is a major announcement for rural water and wastewater systems as EPA’s decision to rescind the Cybersecurity Rule is released,” said Matt Holmes, CEO of NRWA. “NRWA commends EPA for making the right call as we understand this was not taken lightly and involved much debate. Cybersecurity remains an important issue for our sector and we are eager to collaborate with EPA in the future to address cybersecurity in the water industry.”

Together AWWA and NRWA represent community water systems of all sizes and have been actively involved in advocating for solutions to address cybersecurity, while keeping their members’ perspectives in mind. This is the first time they have partnered together at this scale on national policy.

AWWA first formally endorsed a coregulatory approach in October 2021 and testified about it before the U.S. House Committee on Homeland Security in 2022. The new governance framework would build on a similar process in the electric sector, maintain EPA oversight, ensure the engagement of water sector experts, and protect sensitive information. It would also incorporate the public-private collaboration called for in the recent National Cybersecurity Strategy. 

NRWA has been actively involved in the legislative arena where cybersecurity is concerned, and its grassroots advocacy has resulted in the introduction of the “Cybersecurity for Rural Water Systems Act of 2023” by Congressmen Zach Nunn (IA-R) and Don Davis (NC-D) and Congresswomen Angie Craig (MN-D), and Abigail Spanberger (VA-D). A key portion of the bill includes additional funding through the NRWA Circuit Rider Program to provide technical assistance to help utilities address cybersecurity. 

AWWA, NRWA, and other water organizations continue to strongly advocate for the implementation of cybersecurity best practices at drinking water and wastewater utilities. Several resources that AWWA has developed, in collaboration with other organizations, facilitate utility review of potential vulnerabilities based on the National Institute of Standards and Technology (NIST) Cybersecurity Framework. 

“October is Cybersecurity Awareness Month, a time when all water utilities are especially focused on keeping our critical infrastructure safe from those who would do us harm,” LaFrance said. “We hope this development is an opportunity to advance a collaborative approach that leads to a safer cybersecurity future.”