vvEPA
FACT SHEET
EPA's Final Lead and Copper Rule Improvements
Technical Fact Sheet: Lead in Schools and Child Care Facilities
October 2024
This fact sheet is intended to assist community water systems (CWSs) and States in understanding the
requirements for public education and sampling requirements for schools and licensed child care
facilities under the final Lead and Copper Rule Improvements (LCRI).
EPA's Authority to Regulate Public Water Systems under the Safe Drinking Water Act
(SDWA)
EPA is authorized under the Safe Drinking Water Act (SDWA) section 1412 to establish National Primary Drinking
Water Regulations (NPDWRs) that are legally enforceable standards for public water systems (PWSs). EPA does
not have the authority under SDWA section 1412 to require schools and child care facilities that are not
regulated as PWSs to comply with these standards. Public education and sampling requirements for schools and
child care facilities only apply to CWSs. The purpose of these requirements is for systems to provide schools and
child care facilities with education on the risks of lead in their buildings so that they can consider taking
voluntary actions in response. Schools and child care facilities that are regulated as PWSs are not required to
comply with the public education and sampling requirements for schools and child care facilities described in
this fact sheet.
What is EPA's "3Ts" guidance, and why is it important?
EPA's 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities - A Training. Testing and
Taking Action Approach (3Ts) is guidance developed to assist schools, child care facilities, and States with
addressing lead exposure. The 3Ts provides schools and child care facilities with voluntary information and
recommendations about establishing their own sampling programs and mitigating lead risks. The 3Ts informed
sampling requirements for schools and child care facilities under the LCRI, and CWSs must provide the 3Ts
guidance to schools and child care facilities as part of the public education requirements.
Which systems must follow these requirements?
All CWSs must conduct public education and lead monitoring at the schools and licensed child care facilities they
serve, unless those schools or child care facilities meet the conditions listed in the table below. These
requirements do not apply to non-transient non-community water systems (NTNCWSs), including those that are
schools and child care facilities, because they are already required to take other actions under the LCRI to
address lead.
Table 1: Applicability of Public Education and Lead Monitoring Requirements at Schools and Child Care Facilities
System Type
Applicability
Schools and child care facilities served by the water system:
CWS
Were constructed and did not have full plumbing replacement before January
1, 2014*
CWS
v/
Are served by a lead, GRR, or an unknown service line
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cws
X
• Were constructed or had full plumbing replacement on or after January 1,
2014,* and
• Are not served by a lead, GRR, or an unknown service line
NTNCWS
X
N/A
*or the date the State adopted standards that meet the definition of lead free in accordance with section 1417 of the Safe
Drinking Water Act, as amended by the Reduction of Lead in Drinking Water Act, whichever is earlier.
What are the public education and outreach requirements related to sampling in
schools and child care facilities?
Under the LCRI, CWSs must conduct the following public education and outreach activities:
List of schools and child care facilities: All CWSs must develop and maintain a list of schools and child care
facilities they serve that meet the criteria listed in the first two rows of Table 1 above. The initial list must be
submitted to the State by the LCRI compliance date. Within five years of the LCRI compliance date and at least
once every five-year period after, all CWSs must either certify in writing to the State there have been no changes
to the list of schools and child care facilities or submit a revised list to the State.
Annual public education: CWSs must contact all schools and child care facilities identified by the system to
provide information about the health risks from lead in drinking water and steps consumers can take to reduce
their exposure.
Notification about sampling program: CWSs must notify elementary schools, child care facilities, and secondary
schools that they are eligible to be sampled for lead by the water system (Table 2).
Table 2: Requirements for Systems to Notify Schools and Child Care Facilities about Sampling Program
Facility Type
Timing
Notification Description
Elementary schools
Child care facilities
During the first five years
after the LCRI compliance
date
• Inform facilities that they are eligible to be sampled
for lead by the water system.
• Include a proposed schedule for sampling at the
facility; and information about sampling for lead in
schools and child care facilities.
Elementary schools
Child care facilities
Starting in the sixth year
after the LCRI compliance
date
• Inform facilities that they are eligible to be sampled
for lead by the water system on request.
• Provide information on how to request sampling for
lead at the facility and information about sampling
for lead in schools and child care facilities.
Secondary schools
At least once per year
starting with the LCRI
compliance date
Preparing for sampling events: Thirty days prior to any sampling event, CWSs must provide schools and child
care facilities with instructions to identify outlets for lead sampling and prepare for a sampling event.
Do water systems need to include information in the Consumer Confidence Report
(CCR) about sampling at schools and child care facilities?
Yes. CWSs are required to include a statement about the opportunity for schools and child care facilities to be
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sampled in their CCR.
What are the requirements if a system does not serve any schools or child care
facilities?
A CWS must certify it does not serve any schools or child care facilities to the State by the LCRI compliance date,
and must continue to provide such certifications annually by January 30 (starting in 2029).
What are the requirements for newly identified schools and child care facilities?
Schools and child care facilities served by the CWS that meet the criteria in the first two rows of Table 1 must be
included in the list of schools and child care facilities maintained by the system when they are identified. When a
water system adds an elementary school or child care facility to the list, the system must conduct outreach at
those elementary schools and child care facilities prior to conducting sampling as described in the first row of
Table 2.
What are the requirements for lead sampling in schools and child care facilities?
Table 3 summarizes sampling requirements for lead in schools and child care facilities.
Table 3: Lead Sampling Requirements in Schools and Child Care Facilities
Schools
Child Care Facilities
Frequency
Elementary Schools: 20 percent minimum
each year for first 5 years starting on the LCRI
compliance date,1 then as requested by the
facility ("on request").
Secondary Schools: On reauest only
20 percent minimum each year for the first 5
years starting on the LCRI compliance date,1
then on request
Number of
Samples
5 samples2
2 samples2
Location
• 2 samples at drinking water fountains,
• 1 sample at kitchen faucet used for food or
drink preparation,
• 1 classroom faucet or other outlet used for
drinking, and
• 1 nurse's office faucet, as available
• 1 at drinking water fountain and
• 1 at kitchen faucet used for food or drink
preparation, or 1 classroom faucet or
other outlet used for drinking
Protocol
250-mL first-draw samples from a cold water
tap after an 8- to 18-hours stagnation period
250-mL first-draw samples from a cold water
tap after an 8- to 18-hours stagnation period
1 Elementary schools and child care facilities may also sample according to an alternative schedule approved by the State,
until all elementary schools and child care facilities identified have been sampled once, have declined to participate, or are
non-responsive.
2lf any school or child care facility has fewer than the required number of outlets, the CWS must collect samples at all
outlets used to provide water for human consumption.
A CWS is not required to sample more than 20 percent of the elementary schools, secondary schools, and child care
facilities identified in any given year. A CWS is not required to sample an individual elementary school, secondary
school, or child care facility more than once in any five-year period.
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What if an elementary school or child care facility is non-responsive or declines the
CWS's offer to sample for lead?
Within the first five years following the LCRI compliance date, all elementary schools and child care facilities
identified must have been sampled once, declined to participate, or been determined to be non-responsive. A
CWS may count a refusal or non-response towards the minimum 20 percent of elementary schools and child
care facilities it must sample each year during the first five years after the LCRI compliance date. An elementary
school or child care facility may be considered "non-responsive" after the CWS makes at least two separate
outreach attempts to contact the facility to schedule sampling and does not receive a response on either
attempt. CWSs must provide documentation to the State annually by January 30th if an elementary school or
child care facility declines to participate or is non-responsive.
Who must water systems provide the lead sampling results to?
CWSs must provide sampling results, regardless of lead sample concentration, as soon as practicable but no
later than 30 days after receipt of the results to: the sampled school or child care facility, along with
information about potential remediation options (consistent with the 3Ts); the local and State health
department; and the State.
Are there other reporting requirements?
Yes. In addition to reporting the list of eligible schools and child care facilities served by the CWS and sampling
results, CWSs must submit a report to the State summarizing the previous year's activities. CWSs must submit
this report beginning January 30, 2029 and annually thereafter. The report must include certifications for the
following:
• The water system made a good faith effort to identify schools and child care facilities in their service
area.
• The water system delivered the required information about health risks from lead in drinking water and
steps consumers can take to reduce their lead exposure to the school and child care facilities that they
serve.
• The water system completed the notification and sampling requirements for elementary schools,
secondary schools, and child care facilities.
• Sampling results were provided to schools, child care facilities, and local and State health departments.
The report must also include:
• The number and names of the schools and child care facilities sampled in the previous year.
• For the first five years after the LCRI compliance date starting with the report beginning January 30,
2029, the water system must include:
• The number and names of the elementary schools and child care facilities that declined sampling or did
not respond to outreach attempts for sampling.
• Information about the outreach attempts that were declined or not responded to by the elementary
school or child care facility.
Can water systems apply for a sampling waiver if their State has a program for lead
sampling at schools and child care facilities?
If schools and child care facilities served by the CWS are sampled for lead in drinking water under a State or local
law or program, the State may exempt the CWS from the sampling requirements at those facilities by issuing a
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written waiver. The law or program must be at least as stringent as the LCRI sampling requirements. A CWS is
eligible for a sampling waiver at all or a subset of schools and child care facilities they serve if the school or child
care facility is sampled under a State or local law or program if the law or program complies with the eligibility
criteria listed in Figure 1. For example, if only public elementary schools are required to sample for lead under a
State law, the waiver can only be granted to cover those schools. The CWS must conduct the sampling
requirements in the remainder of the schools and child care facilities they serve (e.g., private elementary
schools, licensed child care facilities, and secondary schools).
Sampling waivers only apply to the lead sampling requirements for schools and child care facilities. As such,
CWSs must conduct and cannot waive the annual public education requirements in all schools and child care
facilities, regardless of any facilities that are waived for sampling.
Figure 1: Waiver Eligibility Criteria
A State may grant a
waiver to a CWS for
schools and child care
facilities sampled under a
State or local law or
program, WHERE:
1. Sampling meets LCRI frequency requirements AND
2. Sampling meets LCRI protocol requirements
1. Sampling meets LCRI frequency requirements AND
2. Sampling meets LCRI protocol requirements (excluding
sample size and stagnation time) AND
3. Remediation actions are required
1. Sampling is less frequent than once every 5 years AND
2. Remediation actions are required
1.
School or child care facility maintains point-of-use devices
certified to reduce lead in drinking water on fixtures used
for consumption
1. Sampling is under and complies with the Voluntary School
and Child Care Lead Testing and Reduction Grant Program
AND
2. At least the minimum number of samples are collected
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When do waivers apply?
States can issue waivers at any time given that laws or programs may be established after the LCRI compliance
date. The State may also issue a waiver to a CWS for sampling during the first five years following the LCRI
compliance date for schools and child care facilities sampled under a qualifying program (see Figure 1) between
January 1, 2021 and the LCRI compliance date.
How long can the waiver remain in effect?
The duration of a waiver issued by the State cannot exceed the sampling period under a qualifying State or local
law or program. For example, a State has a lead sampling program for schools and child care facilities that has
the same LCRI sampling frequency and protocol requirements and issues waivers to CWSs. The program starts in
October 2027 and goes through October 2032. Therefore, the waiver is effective October 2027 through October
2032. Similarly, if a school or child care facility is covered under a State law that requires sampling for lead (e.g.,
all public K-12 schools must sample for lead at all taps used for consumption every three years), the State may
grant a waiver for CWSs for sampling in all the public K-12 schools they serve for as long as the State
requirement is active. The waiver automatically expires at the end of any 12-month period during which the
alternative sampling program is not conducted at the required number of schools or child care facilities.
If a water system already collects compliance lead and copper tap samples at a school
for use in the 90th percentile level calculation, does the system need to comply with
the public education and sampling requirements for schools and child care facilities for
this school?
Yes. If a school or child care facility is included in the sampling pool for lead and copper compliance tap
sampling, the CWS must also comply with the public education and sampling requirements for schools and child
care facilities at that facility. Systems must comply with both the compliance tap sampling and school and child
care facility lead sampling requirements under LCRI, as applicable. The requirements for schools and child care
facilities are intended to increase awareness of lead in drinking water in these facilities. CWSs cannot use the
samples collected under the school and child care facility sampling requirements in the 90th percentile
calculation because they must be collected under a different protocol.
What are the next steps for schools and child care facilities?
While EPA does not have the authority under SDWA 1412 to establish requirements schools and child care
facilities that are not public water systems, schools and child care facilities are encouraged to take actions to
address lead in their buildings. CWSs must provide the schools and child care facilities they serve with
information about the health risks of leads, steps they can take to reduce their exposure, and EPA's 3Ts
guidance. The 3Ts guidance provides information and best practices for schools and child care facilities,
including recurring sampling at all outlets used for cooking and drinking, and remediation actions to reduce lead
in drinking water to the lowest levels possible, noting there is no safe level of lead in drinking water.
Additionally, there are resources available to support sampling and remediation actions in schools and child care
facilities. The Bipartisan Infrastructure Law, enacted in November 2021, amended the Voluntary School and
Child Care Lead Testing and Reduction Grant Program to allow grant funding for lead remediation eligibilities in
addition to prior eligibilities which were restricted only to testing. These grants are available for testing for lead
in schools and child care facilities but also to support actions to reduce lead exposure in their drinking water.
Since 2021, this program has released over $105 million to states to test for and reduce lead exposure in schools
and child care facilities.
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Disclaimer: This document is being provided for informational purposes only to assist members of the public, States, Tribes, and/or public water systems
in understanding the Lead and Copper Rule Improvements (LCRI). It includes descriptions of regulatory requirements. In the event that there are any
differences, conflicts, or errors between this document and the LCRI, States, Tribes, and/or public water systems should refer to the LCRI. This document
does not impose any legally binding requirements on the EPA, States, Tribes, or the regulated community. Further, this document does not confer legal
rights or impose legal obligations on any member of the public. In the event of a conflict between the discussion in this fact sheet and any statute or
promulgated regulation, the statute and any promulgated regulations are controlling.
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