Biden-Harris administration issues final rule requiring replacement of lead pipes within 10 years, announces $44M in funding to New Jersey

NEW JERSEY – The Biden-Harris Administration Tuesday issued a final rule requiring drinking water systems across the country to identify and replace lead pipes within 10 years.

The Lead and Copper Rule Improvements (LCRI) also require more rigorous testing of drinking water and a lower threshold for communities to take action on lead in drinking water to protect people from lead exposure.

In addition, the final rule improves communication within communities so that families are better informed about the risk of lead in drinking water, the location of lead pipes, and plans for replacing them. This final rule is part of the President’s commitment to replace every lead pipe in the country within a decade, making sure that all communities can turn on the tap and drink clean water.

Alongside the Lead and Copper Rule Improvements, EPA is announcing $44,199,000 in newly available drinking water infrastructure funding for New Jersey through the Bipartisan Infrastructure Law. This funding will flow through the drinking water state revolving funds (DWSRFs) and is available to support lead pipe replacement and inventory projects. Additionally, 49% of the funding must be provided to disadvantaged communities as grant funding or principal forgiveness that does not have to be repaid.

EPA is also announcing the availability of $35 million in competitive grant funding for reducing lead in drinking water. Communities are invited to apply directly for grant funding through this program. Additional federal funding is available to support lead pipe replacement projects and EPA has developed a website identifying available funding sources.

EPA estimates that up to 9 million homes are served through legacy lead pipes across the country, many of which are located in lower-income communities and communities of color, creating disproportionate lead exposure burden for these families. Eliminating lead exposure from the air people breathe, the water people drink, and the homes people live in is a crucial component of the Biden-Harris Administration’s historic commitment to advancing environmental justice.

The Lead and Copper Rule Improvements establish achievable, common-sense practices which have been implemented by several states and cities. The public health and economic benefits of the final rule are estimated to be up to 13 times greater than the costs, and together with new funding announced today under Biden-Harris Administration’s Bipartisan Infrastructure Law, water systems will be able to accelerate removal of lead pipes and create good-paying local jobs in the process.

“We’ve known for decades that lead exposure has serious long-term impacts for children’s health. And yet, millions of lead service lines are still delivering drinking water to homes,” said EPA Administrator Michael S. Regan. “President Biden is putting an end to this generational public health problem. With the Lead and Copper Rule Improvements and historic investments in lead pipe replacement, the Biden-Harris Administration is fulfilling its commitment that no community, regardless of race, geography, or wealth, should have to worry about lead-contaminated water in their homes.”

“The EPA’s new lead rule will begin to reverse the massive public health disaster of lead-contaminated tap water that has affected generations of our children. Every person has a right to safe and affordable drinking water, no matter their race, income, or zip code,” said Manish Bapna, president and CEO of NRDC (Natural Resources Defense Council). “NRDC has had the privilege of working with residents of Flint, Newark, Chicago and beyond to help secure this meaningful rule and stop the flow of toxic lead from the tap into water glasses in homes across the nation.”

“Everyone in New Jersey deserves access to clean and safe drinking water from their taps. This new rule, combined with significant funding, will drive efforts to eliminate all lead service lines and other lead components in public drinking water systems,” said EPA Regional Administrator Lisa F. Garcia. “Communities most affected by lead in drinking water are often those already facing numerous challenges. Parents should never have to worry about their children consuming water contaminated with lead, regardless of where they live. This rule mandates that systems develop replacement plans prioritizing the populations most disproportionately impacted by lead.”

“We are grateful to the Biden-Harris Administration, New Jersey’s congressional delegation, and the Environmental Protection Agency for their continued support in helping us build a cleaner and healthier Garden State through the Bipartisan Infrastructure Law,” said Governor Murphy. “This newly announced funding will help New Jersey communities with the vital task of replacing all lead pipes within the next ten years as we work to ensure that everyone in New Jersey has access to clean, safe drinking water. These critical investments in our drinking water infrastructure will help protect our children from lead exposure, create good-paying jobs for New Jerseyans, and ensure a stronger drinking water system for generations to come.”

“New Jersey applauds the Biden-Harris Administration’s commitment to protecting the health of our kids and communities by promoting the identification and replacement of all lead service lines across the country within 10 years,” said Shawn M. LaTourette, New Jersey’s Commissioner of Environmental Protection. “Under the leadership of Governor Phil Murphy, New Jersey enacted a 10-year lead service line replacement law in 2021, and our progress in meeting this ambitious and necessary goal has been bolstered by President Biden’s Bipartisan Infrastructure Law, creating jobs across the state delivering clean water and better protecting public health. That there is no safe level of lead exposure makes bold protections and federal funding all the more necessary to ensure that all people have access to clean, safe drinking water. We thank President Biden, Vice-President Harris, US EPA Administrator Regan, and our federal partners for their unwavering support in this important work.”

The science is clear: Lead is a potent neurotoxin and there is no safe level of lead exposure, particularly for children. In children, lead can severely harm mental and physical development, slow down learning, and irreversibly damage the brain. In adults, lead can cause increased blood pressure, heart disease, decreased kidney function, and cancer. If someone is impacted by lead exposure, there is no known antidote, according to the Centers for Disease Control. The Lead and Copper Rule Improvements strengthen nationwide requirements to protect children and adults from these significant and irreversible health effects from lead in drinking water.

The Lead and Copper Rule Improvements will help protect millions of Americans from exposure to lead in drinking water. EPA estimates that on average, every year after the LCRI is issued it will:

• Protect up to 900,000 infants from having low birthweight.
• Prevent Attention-Deficit Hyperactivity Disorder (ADHD) in up to 2,600 children.
• Reduce up to 1,500 cases of premature death from heart disease.
• Prevent up to 200,000 IQ points lost in children.

Investments in identifying lead pipes, planning for their removal, and replacing them will create jobs in local communities while strengthening the foundation of safe drinking water that supports economic opportunity.

For more information about the final rule, including a pre-publication version of the federal register notice and fact sheets, visit the rule webpage.