On Oct. 8 2024, the Biden administration issued its long-awaited final rule, the “Lead and Copper Rule Improvements” (LCRI), requiring drinking water systems across the country identify and replace all lead water pipes within a 10-year period.
The LCRI includes requirements for more rigorous testing of drinking water for lead levels, lower thresholds requiring communities to take action to protect residents from lead exposure, and more consistent communication with communities regarding the schedules for pipe replacement and current locations of lead pipes.
To implement these changes, the Biden administration announced an additional $2.6 billion in available funding to accompany the LCRI, 49% of which must be provided to disadvantaged communities in the form of grants or forgivable loans.
Klara Henry, University of Texas 2024, is an associate in
Stafford Rosenbaum’s environmental and land use law practice group in Madison, where she focuses her practice on water and wetlands as well as environmental remediation work.
On Oct. 23, the Biden administration
announced that another $3.6 billionin funding would be allocated to support upgrading water infrastructure. Together, the funding is part of a five-year, $50 billion investment in water infrastructure through the administration’s Bipartisan Infrastructure Law.
About the Lead and Copper Rule
The original Lead and Copper Rule (LCR), regulating both contaminants in drinking water, was first promulgated in 1991, but has been the subject of consistent criticism for its inability to protect the public from lead exposure.
The LCR required corrosion control treatment and reduction measures, but only when drinking water systems
exceeded action limits in at least 10% of tap water samples. Furthermore, the LCR action levels relied on technical feasibility in corrosion control rather than health-based standards.
Though the LCR has undergone several revisions to better protect communities, the U.S. has experienced numerous severe lead water crises over the decades since the LCR was implemented, including in Flint, Michigan, and Newark, New Jersey. Environmental Protection Agency (EPA)
estimates that 9 million homes across the U.S. still rely on lead pipes, many of which are located in disadvantaged communities, including low-income and communities of color.
An overhaul of the LCR and widescale replacement of aging water line infrastructure, therefore, has been a long-term priority for EPA, public health officials, and the communities that have already suffered from lead-contaminated drinking water.
The LCRI Improvements
The Biden administration announced in its first year a Lead Pipe and Paint Action Plan to replace every lead pipe in the U.S. within 10 years, citing the need for both lead line replacement and lead paint removal. To accompany this effort, the administration has already allocated hundreds of millions of dollars to support state-level replacement processes: in May 2024, EPA announced that $83,278,000 from the Biden administration program “Investing In America” would be allocated toward identifying and replacing lead service lines in Wisconsin.
Both EPA Administrator Michael Regan and Wisconsin Gov. Tony Evers emphasized the danger of lead exposure from drinking water, particularly for children, and noted that there is no safe level of lead exposure.
At his
Oct. 8, 2024, speech announcing the LCRI, Biden confirmed that the “only way forward” in preventing the myriad health concerns linked to lead-contaminated drinking water is “to replace every lead pipeline” in the United States.
Where to Find Out More
Visit
the EPA’s LCRI webpage for more information. The EPA held a webinar for drinking water utilities on Nov. 14, 2024, providing information on the new requirements and how to obtain funding.
A recording of this session is on EPA’s website.
This article was originally published on the State Bar of Wisconsin’s
Environmental Law Section Blog. Visit the State Bar
sections or the
Environmental Law Section webpages to learn more about the benefits of section membership.
