Is There Still Lead in My Water?

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In December 2021, the EPA announced new lead and copper rule improvements for drinking water. These rule improvements come on the heels of a prior extension of the final rule from June 2021. The final lead and copper rule was extended by the Biden Administration to provide more time for review and for input from communities that have been impacted by lead in drinking water.

According to the EPA, its “new Lead and Copper Rule” better protects children at schools and child care facilities by getting the lead out of our nation’s drinking water and empowering communities through information. Under the new rule, the EPA will be: (1) applying science-based testing protocols to detect more lead sources in drinking water; (2) setting a trigger level to start mitigation efforts sooner; and (3) testing for lead in drinking water sources at schools and child care facilities, and identifying and publicizing the location of lead in water service lines.

The EPA maintains that “[t]here is no safe level of lead exposure,” noting serious health risks associated with lead exposure, including damage to the brain and kidneys and potential interference with red blood cells and oxygen levels. There is also a demonstrated association between lead and cardiovascular issues along with renal and reproductive effects.

In a December 2021 fact sheet titled “Stronger Protections from Lead in Drinking Water: Next Steps for the Lead and Copper Rule,” the EPA found significant opportunities to improve the rule first proposed by the Trump Administration by focusing on rule-making in the following areas: requiring the replacement of all lead service lines, setting tap sampling requirements, and establishing lead trigger level requirements. In conjunction with these efforts, the EPA will also prioritize traditionally underserved communities that are disproportionately impacted by lead contamination in drinking water.

In its December 2021 rule titled the “National Primary Drinking Water Regulation: Lead and Copper Rule Revisions,” the EPA provides both regulatory and non-regulatory actions to achieve the objective of replacing 100 percent of the lead service lines. The EPA intends to use this two-pronged approach to better address lead contamination:

  • As of December 16, 2021 the new lead and copper rules are in effect; and
  • The EPA will be introducing new requirements that result in the replacement of lead service lines as quickly as possible.

Essentially, the Biden Administration is proceeding with the revisions from the Trump Administration to federal law governing lead and copper in drinking water but it intends to “fix” the revisions. This is consistent with the executive order from the Biden Administration to review rules previously issued.

Some generally estimate that there are over 32 million people who receive their water from service lines that contain lead and of that amount there are approximately 5.5 million homes with drinking water that exceeds the EPA’s lead action level of 15 parts per billion (ppb).

To facilitate action, the EPA has allocated $2.9 billion to remove lead service lines and $15 billion in total. There is also an additional $11.9 billion available from general funding for lead removal projects. With funding, new rules, and a collaborative approach, the EPA may finally be able to answer, “No, the lead has been removed from your water.”