Drinking Water:

Additional Data and Statistical Analysis May Enhance EPA's Oversight of the Lead and Copper Rule

GAO-17-424: Published: Sep 1, 2017. Publicly Released: Oct 2, 2017.

Multimedia:

  • GAO: Lead in Drinking WaterVIDEO: Lead in Drinking Water
    An animated look at how lead can get into drinking water, and what EPA suggests you can do about it.

  • GAO Interactive Graphic
    INFOGRAPHIC: Lead in Drinking Water

Additional Materials:

Contact:

Alfredo Gómez
(202) 512-3841
gomezj@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

No level of lead is safe in drinking water. Lead accumulates in the body over time, causing long-lasting effects, particularly for children and pregnant women.

The Lead and Copper Rule generally requires water systems to test for lead and treat water to help prevent corroded pipes from leaching lead into the water. The 68,000 water systems serving the majority of U.S. residents are subject to the rule, and must test in high-risk areas near lead pipes. However, many lead pipe locations are unknown.

We recommended that the Environmental Protection Agency collect data on lead pipes, among other things, to improve its oversight of the rule.

Example of Potential Lead in the Pipe Infrastructure from Source to Homes

A cutaway illustration of a water system showing where pipes could be made of lead.

A cutaway illustration of a water system showing where pipes could be made of lead.

Multimedia:

  • GAO: Lead in Drinking WaterVIDEO: Lead in Drinking Water
    An animated look at how lead can get into drinking water, and what EPA suggests you can do about it.

  • GAO Interactive Graphic
    INFOGRAPHIC: Lead in Drinking Water

Additional Materials:

Contact:

Alfredo Gómez
(202) 512-3841
gomezj@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

What GAO Found

Available Environmental Protection Agency (EPA) data, reported by states, show that of the approximately 68,000 drinking water systems subject to the Lead and Copper Rule (LCR), at least 10 percent had at least one open violation of the rule; however these and other data are not complete. When the LCR was promulgated in 1991, all water systems were required to collect information about the infrastructure delivering water to customers, including lead pipes (see figure). However, because the LCR does not require states to submit information on known lead pipes to EPA, the agency does not have national-level information about lead infrastructure. After the events in Flint, Michigan, and other cities, EPA asked states to collect information on the locations of lead pipes, and all but nine, which had such difficulties as finding historical documentation, indicated a plan or intent to fulfill the request. According to EPA guidance, knowledge of lead pipes is needed for studies of corrosion control. GAO reported in March 2013 that with limited funding for federal programs, the need to target such funds efficiently increases. By EPA requiring states to report data on lead pipes, key decision makers would have information about the nation's lead infrastructure.

Example of Potential Lead in the Pipe Infrastructure from Source to Homes

Example of Potential Lead in the Pipe Infrastructure from Source to Homes

Through discussion groups, state regulators identified 29 factors that may contribute to water systems' noncompliance with the LCR. In conducting a statistical analysis using EPA data on selected factors, such as the size of the population served and type of source water, GAO found that such factors were associated with a higher likelihood of water systems having reported violations of the LCR. EPA's current approach to oversight of the LCR targets water systems with sample results that exceed the lead action level. While this approach is reasonable because such water systems have a documented lead exposure risk, EPA officials in 3 of the 10 regional offices told GAO that it is not sustainable over time because of limited resources. Under federal standards for internal control, management should identify, analyze, and respond to risks related to achieving the defined objectives. By developing a statistical analysis that incorporates multiple factors to identify water systems that might pose a higher likelihood for having reported violations of the LCR to supplement its current approach, EPA could better target its oversight to such water systems.

Why GAO Did This Study

Drinking water contaminated with lead in Flint, Michigan, renewed awareness of the danger lead poses to the nation's drinking water supply. Lead exposure through drinking water is caused primarily by the corrosion of plumbing materials, such as pipes, that carry water from a water system to pipes in homes. EPA set national standards to reduce lead in drinking water with the LCR, which applies to all water systems providing drinking water to most of the U.S. population, except places where people do not remain for long, such as campgrounds. States generally have primary responsibility for enforcing the LCR, and data help EPA monitor states' and systems' compliance with the LCR.

GAO was asked to review the issue of elevated lead in drinking water. Among other objectives, this report examines (1) what available EPA data show about LCR compliance among water systems and (2) factors that may contribute to LCR noncompliance. GAO analyzed EPA data on violations and enforcement of the LCR from July 1, 2011, through December 31, 2016, interviewed EPA officials in headquarters and the 10 regional offices; conducted a statistical analysis of the likelihood of reported LCR violations; and held discussion groups with a nonprobability sample of regulators representing 41 states.

What GAO Recommends

GAO is making three recommendations, including for EPA to require states to report data on lead pipes and develop a statistical analysis on the likelihood of LCR violations to supplement its current oversight. EPA agreed with GAO's recommendations.

For more information, contact Alfredo Gómez at (202) 512-3841 or gomezj@gao.gov.

Recommendations for Executive Action

  1. Status: Open

    Priority recommendation

    Comments: In July 2019, EPA said that the 2016 America's Water Infrastructure Act (AWIA) requires EPA to conduct an assessment of the costs to replace lead service lines and that EPA would conduct this assessment (a survey) in 2020. In a previous update, EPA said that it would consider GAO's recommendation to require states to report available information about lead pipes along with those of other stakeholders as part of the development of the revisions to the Lead and Copper Rule. EPA officials estimate that the agency will publish a proposal for the revisions in 2019.

    Recommendation: The Assistant Administrator for Water of EPA's Office of Water should require states to report available information about lead pipes to EPA's Safe Drinking Water Information System (SDWIS)/Fed (or a future redesign such as SDWIS Prime) database, in its upcoming revision of the LCR. (Recommendation 1)

    Agency Affected: Environmental Protection Agency

  2. Status: Open

    Priority recommendation

    Comments: In July 2019, EPA said that it would consider GAO's recommendation to require states to report all 90th percentile sample results for small systems along with those of other stakeholders as part of the development of the revisions to the Lead and Copper Rule. EPA officials estimate that a proposal for the revisions will be published in 2019.

    Recommendation: The Assistant Administrator for Water of EPA's Office of Water should require states to report all 90th percentile sample results for small water systems to EPA's SDWIS/Fed (or a future redesign such as SDWIS Prime) database, in its upcoming revision of the LCR. (Recommendation 2)

    Agency Affected: Environmental Protection Agency

  3. Status: Open

    Priority recommendation

    Comments: In July 2019, EPA stated that the agency developed a Lead and Cooper Rule (LCR) violation reporting tool that is updated and distributed to the EPA regional offices on a quarterly basis. This tool, according to EPA, enhances national oversight by fostering closer engagement with the regional offices to continuously assess any new water systems violating the LCR. EPA has stated that the agency has also developed, and shared with its regional offices, an internal resource to make ad hoc assessments of water systems, nationwide, that would benefit most from assistance with lead service line replacements or (for water systems without lead service lines) corrosion control treatment installation/re-optimization. According to EPA, this internal resource takes a multi-factor approach that considers historical action level exceedance occurrences and information on additional factors (for which information is already available through regulatory development efforts for the LCR long-term revisions or internet search engine queries). These additional factors include the number of lead service lines known to be present in a given water system; the proportion of a system's service connections that are served by lead service lines; and potential technical, managerial, and financial capacity challenges experienced by that system. Although EPA has made progress in addressing the recommendation, GAO will leave this recommendation open until SDWIS Prime is implemented.

    Recommendation: The Assistant Administrator for Water of EPA's Office of Water and the Assistant Administrator of EPA's Office of Enforcement and Compliance Assurance should develop a statistical analysis that incorporates multiple factors--including those currently in SDWIS/Fed and others such as the presence of lead pipes and the use of corrosion control--to identify water systems that might pose a higher likelihood for violating the LCR once complete violations data are obtained, such as through SDWIS Prime. (Recommendation 3)

    Agency Affected: Environmental Protection Agency

 

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