EPA opts for more stringent rule on lead pipes

WASHINGTON — The Biden administration on Tuesday finalized revisions to a lead-in-drinking-water rule that requires water systems to replace service lines containing the toxic metal within 10 years.

Senior White House officials said on a call with reporters that the revisions are “significantly” more stringent than previous proposals and will provide immediate health improvements for millions.

President Joe Biden on Tuesday will travel to Milwaukee to announce the more stringent standards and $2.6 billion in outlays for drinking water infrastructure across the country beyond the billions already allocated from the 2021 infrastructure law. Milwaukee is among the U.S. cities most in need, with an estimated 74,000 service lines that contain some lead piping.

The EPA estimated that 9 million homes are served by legacy lead pipes throughout the nation. The agency has determined that there is no safe level of lead exposure, and research has shown that the neurotoxin is especially harmful to children.

“This is a matter of public health, a matter of environmental justice, a matter of basic human rights, and it is finally being met with the urgency it demands,” EPA Administrator Michael S. Regan said on a call with reporters.

The finalized revisions build upon the Lead and Copper Rule set out in 1991, which environmentalists and lawmakers argued lacked strong testing, treatment and reporting requirements necessary to address all harms. The Biden administration in 2021 made some revisions to that rule and secured $15 billion total from the infrastructure law for lead service line replacement.

Under the newly finalized rules, water system operators will have to replace lines if lead concentration levels exceed 10 parts per billion in more than 10 percent of customer taps sampled — more strict than the previous 15 ppb threshold, White House officials said. Some environmental advocates and lawmakers have urged the EPA to decrease the acceptable level to 5 ppb, which they argue is the level recommended by health experts.

Regan added that the agency will increase rigorous testing of drinking water. The EPA expects 99 percent of cities to meet the 10-year replacement deadline and will “aggressively pursue” a timeline with the remaining 1 percent, officials said.

The EPA projected that the revised rule would prevent up to 900,000 infants from being born with low birthweight, reduce the impact on IQ in children and avert as many as 1,500 cases of premature death from heart disease annually.

The rule was finalized ahead of the Oct. 16 deadline stemming from the Biden administration’s delay of a standard put in place by the Trump administration, which would’ve kept the higher 15 ppb threshold and allowed water systems up to 30 years to comply.

The timing of the final rule falls within the 60-legislative-day “lookback” period of the Congressional Review Act, which could allow the next Congress to consider a resolution blocking it.

If Republicans control Congress and the White House after the election, Donald Trump could sign such a resolution into law. However, administration officials dismissed this concern, pointing to bipartisan support for the infrastructure law and arguing there is solid legal standing for the rule.

“This rule is grounded in science and within the four corners of our statutory authority,” Regan said.

The EPA received roughly 200,000 comments on the proposal, including from some industry groups expressing concerns that the timeline was not realistic. In public comments, the American Water Works said the 10-year deadline would “delay needed infrastructure improvements, negatively impact the borrowing capacity of [community water systems], and in some communities result in significant disruption of neighborhoods.”

A group of 15 Republican state attorneys general also expressed their opposition to the EPA’s proposed rule, arguing it did not provide a tangible benefit compared with the Trump version.

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(David Jordan contributed to this report.)