EPA Lead Testing Rule for Schools Finalized

This week, the Environmental Protection Agency finalized a rule creating the first-ever national requirement to test for lead in schools that rely on water from public utilities. The regulation, called the Lead and Copper Rule Improvements, mandates that water systems screen all elementary and child-care facilities, where those who are the most vulnerable to lead’s effects — young children — are enrolled, and that they offer testing to middle and high schools.

AASA submitted comments in response to the proposed rule and are pleased to see many of our comments were addressed in the final regulation. One piece that remains concerning for districts that rely on well water and are considered non-transient, non-community water system would face additional burdens under the new regulation to both test and remediate if they are found to exceed the allowable amount of lead set in the new regulation which is 10 parts per billion. 

While the EPA does not have the authority to require schools that rely on public water utilities to remediate lead, they strongly encouraged States to take action to require greater remediation efforts of schools. States with more aggressive lead testing and remediation requirements for schools can request waivers for these federal regulations as can schools that have been tested for lead since January 1, 2021. 

Under this regulation, every community water system (CWS) must notify the elementary schools that they are eligible for lead sampling and provide a proposed schedule for the water system to conduct the sampling and a copy of the EPA’s 3Ts guidance. Additionally, CWSs must notify all secondary schools annually that they may request lead sampling from the water system. Starting in the sixth year following the rule compliance date, all CWSs must annually notify all the elementary and secondary schools they serve that the water system will sample by request only. When conducting sampling, CWSs must collect at least five samples per school. If there are not enough taps available to meet the required minimum number of samples, CWSs must collect a sample from all the taps used to provide water for human consumption. Samples may be collected from outlets with point-of-use devices only if there are point-of-use devices on all outlets typically used to provide water for human consumption.

After testing occurs, the CWS must submit any sampling results to the State and to State and local health agencies within 30 days, but as soon as practicable. These State and local agencies can use this information to determine if they should take additional steps such as working with schools to address lead in their buildings or establishing requirements such as those as discussed below. The EPA notes that States may voluntarily choose to disseminate sampling results to the public (e.g., posting on a website).