EPA Sets 'Landmark' Clean Water Rule—But Trump Victory Would Put It At Risk

The Biden administration on Tuesday set a final rule requiring the replacement of nearly all of the nation's lead pipes within ten years, a clean drinking water initiative that drew praise from public health experts and advocacy groups.

The new rule, which The New York Times and The Washington Post both called "landmark," was brought forth by the U.S. Environmental Protection Agency (EPA) and requires the replacement of an estimated 9.2 million lead service lines serving millions of people across the country. Lead is a neurotoxin that can cause long-term damage to the brain and nervous system, particularly to children.

The administration of former President Donald Trump, the Republican nominee, had "slowed the pace of lead service line replacements," according to Food & Water Watch, an advocacy group.

"We applaud the Biden-Harris administration for strengthening the rule to remove lead from our drinking water," Mary Grant, a campaign director at Food & Water Action, said in a statement. "These long-awaited improvements will replace the weak regulation adopted by Donald Trump, and in doing so, will protect millions of people from lasting harm from this dangerous neurotoxin."

Grant said the new rule highlighted the stakes of the upcoming presidential election, in which Trump faces Vice President Kamala Harris, the Democratic nominee.

"Today's action is yet another example of the stark difference between the two presidential candidates," she added. "Only Vice President Kamala Harris is serious about the safety of our drinking water. A Trump reelection could reverse progress on safe water."

Lead, prized for its durability, has been used in water pipes since Ancient Rome—the English word "plumbing" descends from the Latin word "plumbum," meaning lead.

Congress banned the construction of new lead pipes in the U.S. in 1986 and passed the Safe Drinking Water Act, which includes regulations on lead, in 1991.

However, phasing out the use of older pipes has gone very slowly, to the frustration of public health experts. There has been "no meaningful improvement in protecting communities" in three decades, until now, according to a statement from Earthjustice, an advocacy group.

"Lead contamination is a longstanding public health emergency, and the Biden-Harris administration's rule is a monumental step forward in addressing the urgent need for safe, clean drinking water," said Patrice Simms, Earthjustice's vice president of litigation for healthy communities.

People of color and on low incomes are disproportionately affected by lead contamination, which is often found in big cities. Chicago has more lead pipes than any other U.S. city.

Flint, Michigan—a majority Black city—faced a public health crisis caused by lead pipes starting in 2014. Then-President Barack Obama signed an emergency declaration and sent aid to the city in 2016. More than 100,000 residents were exposed to elevated lead levels.

Still, the federal government didn't move to tighten lead rules until November 2023, when the EPA issued a proposal to do so. The announcement of the final rule on Tuesday was accompanied by an outpouring of support—and relief.

"A game changer for kids and communities, EPA's finalized lead and copper rule improvements will ensure that we will never again see the preventable tragedy of a city, or a child, poisoned by their lead pipes," Mona Hanna, a pediatrician in Flint and a public health professor at Michigan State University whose research helped expose the crisis there, said in the EPA statement announcing the rule change.

Betsy Southerland, the former director of science and technology in the EPA's water division, also celebrated the agency's move, according to an Environmental Protection Network statement:

The American people have known for over 30 years that there is no safe level of lead and have waited too long for lead pipes to be replaced. Finally, the lead pipes that deliver water to over 9 million homes will be replaced before they damage the mental and physical development of another generation of children. Today is the first time there is an actual deadline for lead pipe replacement to happen and significant financial and technical assistance to get the job done.

The White House is counting on the initiative being popular, especially in swing states in the Midwest. President Joe Biden is scheduled to visit Wisconsin to "tout" the new policy, the Timesreported. The EPA's statement says it will "create good-paying local jobs."

Natalie Quillian, a White House deputy chief of staff, said that "all Americans, no matter where they come from, should have access to their most basic needs, including being able to turn on the tap and drink clean drinking water without fear," according to the Post.

The new rule, in addition to mandating the replacement of pipes, establishes a stricter standard for lead contamination, moving it from 15 parts per billion to 10 ppb and requiring public utilities to provide filters if that level is exceeded. Some advocates had called for a standard between 0 and 5 ppb.

Utilities are expected to challenge the new rule in court, as they've done with the EPA's regulations on "forever chemicals" in drinking water.