The Trump administration says it supports a strict Biden-era rule that forces cities to replace most lead water pipes within 10 years. On Friday, the Environmental Protection Agency told a federal appeals court it will defend the rule against a utility industry lawsuit.
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I. WASHINGTON — The Trump administration said Friday it backs a 10-year deadline for most cities and towns to replace their harmful lead pipes, giving notice that it will support a tough rule approved under the Biden administration to reduce lead in drinking water. The Environmental Protection Agency told a federal appeals court in Washington that it would defend the strongest overhaul of lead-in-water standards in three decades against a court challenge by a utility industry association. The Trump administration has typically favored rapid deregulation, including reducing or killing rules on air and water pollution. On Friday, for example, iton mercury and other toxic emissions from coal plants. But the agency has taken a different approach to drinking water. “After intensive stakeholder involvement, EPA concluded that the only way to comply with the Safe Drinking Water Act’s mandate to prevent anticipated adverse health effects ‘to the extent feasible’ is to require replacement of lead service lines,” the agency’s court filing said. Doing so by a 10-year deadline is feasible, the agency added, supporting a rule that was based in part of the finding that old rules that relied on chemical treatment and monitoring to reduce lead “failed to prevent system-wide lead contamination and widespread adverse health effects.”the Biden administration’s aggressive rule, but added that it would also “develop new tools and information to support practical implementation flexibilities and regulatory clarity.” Some environmental activists worried that that meant the EPA was looking to create loopholes. Lead, a heavy metal once common in products like pipes and paints, is a neurotoxin that can stunt children’s development, lower IQ scores and increase blood pressure in adults. Lead pipes can corrode and contaminate drinking water. The previous Trump administration’s ruleThe Biden administration finalized its lead-in-water overhaul in 2024. It mandated that utilities act to combat lead in water at lower concentrations, with just 10 parts per billion as a trigger, down from 15. If higher levels were found, water systems had to inform their consumers, take immediate action to reduce lead and work to replace lead pipes that are commonly the main source of lead in drinking water. The Biden administration at the time estimated the stricter standards would protect up to 900,000 infants from having low birth weight and avoid up to 1,500 premature deaths a year from heart disease. “People power and years of lead-contaminated communities fighting to clean up tap water have made it a third rail to oppose rules to protect our health from the scourge of toxic lead. Maybe only a hidebound water utility trade group is willing to attack this basic public health measure,” said Erik Olson, senior director at the Natural Resource Defense Council, an environmental nonprofit. The American Water Works Association, a utility industry association, had challenged the rule in court, saying utilities should not be responsible for the portion of a lead pipe on private property. The agency countered on Friday that utilities can be required to replace the entire lead pipe because they have sufficient control over them. They also said the 10-year deadline wasn’t feasible. Water utilities were given three years to prepare before the 10-year timeframe starts and some cities with a lot of lead were given longer. The agency said they looked closely at data from dozens of water utilities and concluded that the vast majority could replace their lead pipes in 10 years or less.The original lead and copper rule for drinking water was enacted by the EPA more than 30 years ago. The rules haveThe EPA under President Donald Trump has celebrated deregulation. Officials have sought to slash climate change programs and promote fossil fuel development. On drinking water issues, however, their initial actions have been more nuanced.to reduce so-called “forever chemicals” in drinking water — the other major Biden-era tap water protection. That change sought to keep tough limits for some common PFAS, but also proposed scrapping and reconsidering standards for other types and extending deadlines. PFAS and lead pipes are both costly threats to safe water. There are some federal funds to help communities. The Biden administration estimated about 9 million lead pipes provide water to homes and businesses in the United States. The Trump administration updated the analysis and now projects there are roughly 4 million lead pipes. Changes in methodology, including assuming that communities that did not submit data did not have lead pipes, resulted in the significant shift. The new estimate does correct odd results from some states — activists said that the agency’s initial assumptions for Florida, for example,The Associated Press receives support from the Walton Family Foundation for coverage of water and environmental policy. The AP is solely responsible for all content. For all of AP’s environmental coverage, visitPhillis is an Associated Press reporter covering the environment with a focus on water. He can be reached on Signal at mjphillis.15.
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