CWS Monitoring for Lead in Drinking Water at Schools and Licensed Child Care Facilities Under Title 40 of the Code of Federal Regulations, Section 141.92

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Starting November 1, 2027 (i.e. the compliance date of 40 CFR 141.92 Monitoring for lead in schools and child care facilities), the Lead and Copper Rule Improvements (LCRI) mandates that Community Water Systems (CWS) conduct lead public education and lead monitoring at the schools and licensed child care facilities they serve.

The US Environmental Protection Agency (EPA) has developed guidance and tools to assist community water systems with this new requirement. For more information, see EPA’s Lead and Copper Rule Implementation tools webpage (https://www.epa.gov/dwreginfo/lead-and-copper-rule-implementation-tools#schools).

Note: This requirement only applies to water systems classified as Community Water Systems (CWS)

For CWS that choose to sample at certain schools and/or licensed child care facilities in their service area prior to November 1, 2027 (i.e., compliance date under 40 CFR 141.92), please refer to MDE’s email sent July 2026.

List of Schools and Licensed Child Care Facilities (Due by November 1, 2027)

In preparation for this compliance date, CWS must compile a list of applicable schools and licensed child care facilities (including home-based facilities) they serve that are eligible for sampling based on the criteria outlined in 40 CFR 141.92 and submit this list to MDE by November 1, 2027.

Click on the link below to access MDE's web page for instructions, templates, and other resources to help water systems regarding this requirement:

List of Schools and Licensed Child Care Facilities

Waivers

For schools that do not meet the exclusion criteria outlined under 40 CFR 141.92(a)(1), a subset of these schools may be exempt from the requirements of 40 CFR 141.92 until November 1, 2032 (i.e., five years from the compliance date of November 1, 2027), based on the criteria outlined in 40 CFR 141.92(h). Since Maryland has a State law that requires schools serving Pre-K through Grade 12 to test for lead in drinking water, MDE anticipates that some CWS will be granted a waiver for a subset of applicable schools they serve if testing was conducted on or after January 1, 2021, under the State law. MDE plans to issue written waivers to CWS on or after November 1, 2027, based on proper documentation and completion of MDE’s waiver application form.

CWS Lead Public Education to Schools and Licensed Child Care Facilities under 40 CFR 141.92 (webpage coming soon)