President Joe Biden speaks about replacing lead pipes for clean drinking water in Milwaukee, Wisconsin, Oct. 8, 2024. Public domain photo
In October, the Biden-Harris Administration announced a crucial final rule aimed at removing lead pipes from drinking water systems across the United States. This landmark guidance comes just months after the EPA finalized the nation's first PFAS drinking water standard.
But as President-elect Trump approaches his second term, some worry about the longevity of these rules. Especially since Trump's allies are already attacking the EPA and clean water rules. It will be crucial for health and environmental journalists to closely monitor how the new administration handles drinking water regulations.
More about the new rule
The Lead and Copper Rule Improvements (LCRI) require water systems to identify and replace lead pipes within a decade. The new regulations also require increased testing of drinking water and lower action thresholds for communities to address the risks of lead exposure. Improved communication strategies will help residents understand the dangers of lead in drinking water, the location of lead pipes and replacement plans.
This initiative is part of Biden's commitment to ensuring clean drinking water for all Americans, especially vulnerable communities disproportionately affected by lead exposure. To support these efforts, the U.S. Environmental Protection Agency (EPA) announced $2.6 billion in funding for drinking water infrastructure, accessible through the bipartisan Infrastructure Act.
These funds would primarily benefit disadvantaged communities, with nearly half provided as grants or loan forgiveness. Additionally, $35 million in competitive grants is available to further reduce lead in drinking water. Additional federal funding is available for lead pipe replacement projects, and the EPA has created a website highlighting these funding sources.
The timing of the rule's implementation makes it vulnerable to the Congressional Review Act. Additionally, Project 2025 promises to “make the Environmental Protection Agency more open to industrial science and fund extensive research into exposure to toxic chemicals,” as Hiroko Tabuchi reported for The New York Times on November 20.
Alan Roberson, executive director of the Association of State Drinking Water Administrators, told Bloomberg Law in November that states are concerned about funding their water regulation programs.
“How federal funding for states will be reflected in the budget debate remains unclear,” Roberson said.
Why the rule is important
Approximately 9 million households in the U.S. still rely on old lead pipes, often in lower-income neighborhoods and communities of color, posing a significant public health challenge. The regulatory improvements are intended to protect these communities from the serious health risks associated with lead exposure, including neurological damage in children and various health problems in adults.
EPA Administrator Michael Regan emphasized the urgency of this public health initiative, asserting that lead exposure has long-term harmful effects, particularly for children. The economic and health benefits of the new rule are expected to outweigh the costs by a factor of 13, giving water systems further incentive to accelerate lead pipe removals and create jobs in the process.
Pediatricians and public health experts have also expressed their support, highlighting the significant risks posed by lead and the importance of the updated regulations.
The lead and copper rule improvements are intended to establish clear, actionable standards, which many states and localities have already begun implementing. Certain communities have already launched initiatives to replace lead pipes within the established time frame.
For example, Milwaukee plans to replace 65,000 lead pipes within 10 years, and Detroit will replace over 8,000 lead pipes per year going forward. Other cities, including Erie and Denver, are also making significant progress toward eliminating lead pipes.
The health benefits of the LCRI would be significant. It is expected to protect up to 900,000 infants annually from low birth weight, prevent about 2,600 cases of childhood ADHD and prevent about 1,500 premature deaths from heart disease.
EPA's approach to addressing lead in drinking water includes a regulatory framework supported by federal funding and technical assistance to communities. This initiative is consistent with the Biden-Harris Administration's Justice40 Initiative, which aims to ensure that 40% of the benefits from federal investments go to disadvantaged communities.
The combination of regulatory action, significant funding, and community engagement will transform the landscape of drinking water safety in the United States. For further details, interested parties may visit EPA's dedicated final rule webpage.
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