Drinking Water_Content Page_Lead and Copper

Lead and Copper

NR 809 safe drinking water standards update

NR 809 Lead and Copper Update

The state's safe drinking water code NR 809 will be revised to include updates to lead and copper standards.

The intent of proposed rule DG-16-23 is to update ch. NR 809, Wis. Adm. Code (related to control of lead and copper in public drinking water) to be consistent with 2021 revisions to the Federal Lead and Copper Rule, 40 CFR 141.80 to 141.93, with the anticipated October 2024 federal rule revision – Lead and Copper Rule Improvements and other federal laws addressing lead and copper in public drinking water.

The Federal Lead and Copper Rule Revisions (LCRR) went into effect on Dec. 16, 2021. In December 2023, the Environmental Protection Agency (EPA) proposed changes to the LCRR requirements. The EPA refers to the additional rule changes as the Lead and Copper Rule Improvements (LCRI). To avoid the inefficient adoption of multiple rules over a short period of time, the EPA recommends that states group the promulgation of the LCRR and LCRI requirements into a single action.

The DNR plans to restart the lead and copper rule scope statement to better align our rulemaking timeline with the EPA's rulemaking timeline. The 2023 rulemaking scope statement began when it did in order to align with the EPA’s expectations for state rulemaking at the time. In anticipation of the LCRI, the EPA’s expected timeline has since changed, and DNR is restarting our rulemaking process to better align with current federal rulemaking timelines.

Rulemaking Timeline

NR 809 Lead And Copper Rulemaking Timeline

Fall 2023
↓
Winter 2023/2024 ← We are here
↓
Spring/Summer 2024
  • NRB scope approval
  • Begin rule drafting
  • Advisory workgroups
  • Stakeholder group meetings
↓
Fall/Winter 2024
  • Preparation of proposed rule
  • Solicitation of information for economic impact analysis (EIA)
↓
Summer 2025
  • Public hearing on the proposed rule
↓
Winter 2025/2026
  • NRB meeting for adoption
  • Rule approved by the governor
  • Legislative review
↓
Spring 2026
  • Rule signed by the DNR Secretary
↓
Fall 2026
  • Rule becomes effective

Rulemaking Procedures

Rule change process, public input and timeline

The DNR creates and revises administrative rules to implement statutes enacted by the Wisconsin State Legislature [exit DNR]. Administrative rules have the full force and effect of law.

Rulemaking is an extensive process and there are many internal steps [PDF] that the DNR and the NRB must follow during a rulemaking effort. Public participation is a critical component of agency rulemaking, and there are numerous opportunities to participate in the DNR rulemaking process. For permanent rules, the entire process generally takes about 31 months from initiation to effective date of rule revisions.

Public Comment Opportunities

Public meetings and hearings

There will be multiple opportunities for anyone interested in the process to provide input at public meetings yet to be scheduled. Notifications will be sent out via GovDelivery and links to these meetings will be posted on this webpage when available.