On May 2, 2024, EPA released a memo that allows for exceptions to the policy that required full lead service line replacements on projects funded by the Drinking Water State Revolving Fund (DWSRF). The memo allows partial lead service line replacements to be completed under certain conditions on planned infrastructure projects and emergency infrastructure repair or replacement.
Planned infrastructure projects are projects that do not solely replace lead service lines as part of a service line replacement program. This includes, but is not limited to, water main replacement, meter replacement, and transportation-related construction projects where lead service line replacement is a component of the overall project. Borrowers must contact customers and offer to replace the full lead service line. If the customer refuses or is unresponsive after two attempts to contact them, the borrower can document the refusal/unresponsiveness and proceed with the partial replacement. Borrowers must maintain documentation of the refusals and report to the NDDEQ (1) how refusals were documented and (2) the number of partial lead service line replacements completed. The same exceptions are available for emergency infrastructure repair or replacement projects. Stand-alone lead service line replacement projects must still replace the full lead service line without exception.
This change can be implemented on current DWSRF projects. Please work with your DWSRF engineer to ensure that documentation requirements are being met. The NDDEQ will work on updating the construction specifications and providing borrowers with templates that can be used to document customer refusals.