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 was expected to announce in Milwaukee 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.
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.
State Rep. Katie Dempsey, R-Rome, chaired GeorgiaÐÔÊӽ紫ý House Study Committee on Childhood Lead Exposure, which championed 2022 legislation updating state regulations and providing more resources to help detect lead sources. She said at the time that she was hopeful for federal funding, but it was not immediately available.
A 2020 analysis of state data by Georgia Health News and the AJC looked at where young children tested highest for lead levels over a 10-year period. Four ZIP Codes in NW Georgia were in the top 100 for risk.
The Lindale and Silver Creek area covered by the 30147 ZIP Code ranked highest, with 3.91% of children tested showing high levels of lead. The connecting 30161 area — running out to Coosa, through Rome and up to Shannon — had 3.51% in the trouble zone over the past 10 years.
Polk CountyÐÔÊӽ紫ý 30125 ZIP Code around Cedartown had 2.97% and the 30753 area running north from Trion in Chattooga County had 2.66% of its kids affected.
Potential pushback
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% 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.
EPA Administrator Regan added that the agency will increase rigorous testing of drinking water. The EPA expects 99% of cities to meet the 10-year replacement deadline and will “aggressively pursue†a timeline with the remaining 1%, 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 administrationÐÔÊӽ紫ý 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.â€
A group of 15 Republican state attorneys general also expressed their opposition to the EPAÐÔÊӽ紫ý proposed rule, arguing it did not provide a tangible benefit compared with the Trump version.
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