Via Teleconference

11:34 A.M. EDT

MR. FERNÁNDEZ HERNÁNDEZ:  Hi.  Good morning, everyone.

Thank you for joining today’s press call to preview President Biden’s trip to Wisconsin and the Biden-Harris administration’s efforts to ensure every community has access to clean, safe drinking water.

Today’s call will begin with on-the-record remarks from White House Deputy Chief of Staff Natalie Quillian and EPA Administrator Michael Regan.  After their remarks, we will have a question-and-answer period, which will be on background and attributable to “senior administration officials.”

As a reminder, the contents of this call and the written materials you received over email are embargoed until tomorrow, October 8th at 5:00 a.m. Eastern.

With that, I will turn it over to Natalie.  

MS. QUILLIAN:  Great.  Thank you.  And thank you all for joining us today. 

I’d like to begin with the big picture.  So, since day one, the president and the vice president have been clear 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.

We know that there is no safe level of lead exposure.  Lead service lines pose a severe health risk, especially in our children, damaging the brain and kidneys.

That’s why the president committed to replace every lead pipe in the country within a decade.

But he didn’t stop there.  He secured over $50 billion to deliver clean water through his Bipartisan Infrastructure Law, including $15 billion in dedicated funding for lead pipe replacement.

Since then, Americans have had their lead pli- — pipes replaced, especially in disadvantaged communities, many of which are communities of color that shoulder most of the burden of lead poisoning.

And tomorrow, the president is furthering his commitments to provide clean, lead-free water nationwide. 

He’ll be traveling to Milwaukee, Wisconsin, to announce EPA’s final rule that will require water systems nationwide to replace lead service lines within 10 years.  He will also announce an additional $2.6 billion from his Bipartisan Infrastructure Law for drinking water upgrades and lead pipe replacements.

This funding not only provides clean drinking water, but this effort is also creating good-paying jobs, many of them union jobs, in replacing lead pipes and delivering clean water.

This investment will accelerate lead pipe replacement, helping to deliver clean water to families, kids, and communities across the nation.

And in Wisconsin, we’re already seeing the results.  Wisconsin has an estimated 340,000 lead pipes, the 10th most lead pipes of any state.  And because of the president’s Bipartisan Infrastructure funding, Milwaukee’s lead pipe replacement timeline has accelerated from 60 years just down to 10 years.

And Milwaukee is now actively replacing lead pipes, using union labor, prioritizing replacements in disadvantaged communities with the most need.

And this announcement comes as part of the president’s commitment to spend his remaining months in office sprinting to the finish and delivering on his historic Investing in America agenda, which is improving the lives of Americans and planting the seeds for a better, more prosperous future for decades to come.

And now I’d like to turn it over to an amazing leader who is helping make this all possible, Administrator Regan. 

Administrator.

ADMINISTRATOR REGAN:  Well, good morning, everyone.  And thank you all for joining this call.

(Inaudible) in implementing President Biden and Vice President Harris’s Investing in America agenda.  Your partnership is helping EPA (inaudible). 

Since the earliest days of this administration, and even before, President Biden had a vision to build a 100 percent (inaudible).

(Inaudible) understands the urgency of getting the lead out of communities, because he and Vice President Harris know that ensuring everyone has access to clean water is a moral imperative.

We know that over 9 million legacy lead pipes continue to deliver water to homes across the country.  But the science has been clear for decades: There is no safe level of lead in our drinking water. 

In children, lead can severely harm mental and physical development, slow down learning, and irreversibly damage the brain.  In adults, lead can cause (inaudible) and even cancer.

But thanks to President Biden and Vice President Harris, we are moving farther and faster than ever before to address this critical issue.

PARTICIPANT:  Do we have an audio issue, Angelo?

MR. FERNÁNDEZ HERNÁNDEZ:  Yep.  Can we try your connection one more time?

PARTICIPANT:  Hold on one second.  We’re troubleshooting.  Sorry, everybody.  Hold on one second.

We — anything — is this better, Angelo?  This is Nick with Administrator Regan.

MR. FERNÁNDEZ HERNÁNDEZ:  Yep, that is better.

PARTICIPANT:  Okay.  Should we start from the top or is there a certain point we should pick up at?

MR. FERNÁNDEZ HERNÁNDEZ:  Let’s start at the top.  Thank you.

PARTICIPANT:  Okay.  Thank you.

ADMINISTRATOR REGAN:  Well, good morning, everyone.  And thank you all for joining today’s call. 

And I’d like to start by thanking the president’s deputy chief of staff, Natalie Quillian.  Natalie, I’m so grateful for your leadership in implementing President Biden and Vice President Harris’s Investing in America agenda.  Your partnership is helping EPA to make a lasting, tangible difference in communities all across the country. 

Since the earliest days of this administration and even before, President Biden had a vision to build a 100 percent lead-free future.

The president understands the urgency of getting the lead out of communities because he and Vice President Harris know that ensuring everyone has access to clean water is a moral imperative.

We know that over 9 million legacy lead pipes continue to deliver water to homes across our country.  But the science has been clear for decades: There is no safe level of lead in our drinking water.  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.

But thanks to President Biden and Vice President Harris, we are moving farther and faster than ever before to address this critical issue, and EPA is at the center of the solution. 

I am very proud to announce that today, EPA has taken another historic step forward to ensure safe, clean drinking water for every child and every person in our nation.  Today, my agency is issuing a final rule requiring drinking water systems across the country to identify and replace lead pipes within 10 years.  The rule also requires increased rigorous drinking water testing and a lower threshold for communities to act on and protect people from lead in drinking water. 

And these actions will help protect millions across this country.  In fact, our new rule will protect up to 900,000 infants from having low birth weight, reduce up to 1,500 cases of premature death from heart disease, prevent up to 200,000 IQ points lost in children, and help close the water equity gap every single year.  But these benefits not only protect public health, they can also reduce health care costs, improve school performance, and boost economic productivity. 

In addition to finalizing this historic rule today, EPA is also announcing $2.6 billion in new funding under the president’s Bipartisan Infrastructure Law to help cities and states fund infrastructure upgrades to accelerate the removal of lead pipes. 

Folks, there has never been more federal funding available to remove lead pipes.  And let me just add that investing in our water infrastructure is not only an investment in public health, it’s an investment in local economies.  For every $1 billion invested in water infrastructure, we create approximately 15,500 jobs. 

President Biden is the president who is finally putting an end to this generational public health crisis, and, folks, delivering a lead-free America is President Biden’s legacy.

This is a matter of public health, a matter of environmental justice, a matter of basic human rights, and it is finally being met with the urgency it demands.  President Biden has kept his promises, and he is fighting every single day for a cleaner, safer, and healthy America. 

I’m truly grateful to everyone who helped us reach this moment, particularly those in EPA’s Office of Water, who worked tirelessly to finalize this rule. 

With today’s announcement, we have more than enough reason to be optimistic about what’s possible for the future of our country and the future of our planet. 

Now, with that, I’m happy to take a few questions.  Thank you.

MR. FERNÁNDEZ HERNÁNDEZ:  Thank you, Administrator, and thank you, Natalie.  With that, we will move to the question-and-answer portion of the call.  As a reminder, this will be on background and attributable to “senior administration officials” as they identify themselves.  Comments from Natalie and the administrator will be attributable to them specifically.

As some of you have done, please use the “raise hand” function on Zoom, and we will take a few of your questions.

Okay.  As you’re called upon, please identify yourself and your outlet.  We will start with Aamer. You should be unmuted now.

Q    Hi.  Thank — thank all three of you for doing this.  Two questions.  One, can you just give us a little bit of a preview of, in Wisconsin, where the president will be visiting and sort of how he will be highlighting this announcement?

And then, secondly, is there any disappointment in the president — considering the significance of this announcement — that Senator Baldwin won’t be taking part?  Thanks.

MS. QUILLIAN:  I can — this is Natalie.  I can answer that.  I don’t think we have any specifics yet on exactly — to share where he will be visiting, but as soon as we do, we’ll make sure you have those.  And I think it’s fair to say he will highlight the historic investments that we have made so far, including an additional $2.6 billion that he’ll be — he will be announcing tomorrow, as well as highlighting the stories of Americans whose lead pipes in Wisconsin are being replaced or have been replaced and the impact that’s had on their families and their children. 

And then we’re — you know, Senator Baldwin is a — an amazing partner of this administration and leading the charge in the Bipartisan Infrastructure Law.  So, we are just pleased to have such a great partner like her in Wisconsin.

MR. FERNÁNDEZ HERNÁNDEZ:  Thank you, Natalie. 

We will go to Rachel next.  You should be unmuted now. 

Q    Great.  Thank you, guys, for doing this and for taking my question.  I recall in the proposed rule, there had been some concerns raised about exemptions that could leave some places with lead pipes for significantly longer.  I recall Chicago being one of them — having lead pipes possibly for 40 or 50 years, even with these — this rule.  Is this still the case in the final rule?  And could you also send us a copy of the final rule on embargo?

ADMINISTRATOR REGAN:  Well, Rachel, thank you for that question.  And let me just say that the final rule is significantly more stringent than the proposal was.  Some of those numbers that you raised just here and now, those numbers have been slashed significantly.  So, what I would like to say is we are very sure that 99 percent of these cities will meet the deadline, and we’re still taking a look at those that fit in that 1 percent category. 

But let me be very clear:  Those that may fit in that 1 percent category, we will aggressively pursue a timeline that stays in line with the president’s vision. 

Q    Could you give us some idea of, you know — you said those numbers have been slashed.  Can you give us an example and how much it’s been slashed by? 

SENIOR ADMINISTRATION OFFICIAL:  Well, I’ll just say — and then I’ll turn it over to — to [senior administration official], who is the expert in our water office.  But, you know, the stringency — the off-ramp, if you will — is a significantly much higher hurdle to obtain, first and foremost.  We have really whittled down the flexibility in this rule. 

And, you know, secondly, this rule is a significant, significant step forward.  But we can’t forget — forget the resources from the Bipartisan Infrastructure Law and other programs in the water office that will help these cities achieve the president’s vision. 

[Senior administration official], I don’t know if you want to add anything to that. 

SENIOR ADMINISTRATION OFFICIAL:  Thank you, [senior administration official].  I would just add only that, as you know, Rachel, the numbers associated with number of lead service lines that exist in places like Chicago at this point are estimates.  And as we get more information about what number of lead service lines exist, then, through the inventories that will be created — the first one is due October 16th, for example — we’ll be in a better position to determine whether communities actually need more time.  And we’ll go through a process for that.

I will add to that that in communities like Chicago, we’re not only looking at and tracking where — how many lead service lines or whether they need extension, but we’re working extensively to ensure that they receive financing to tackle some of those lead service line issues. 

For example, recently, we announced a $336 million loan to the city of Chicago for replacing lead service lines.  And I know that Chicago is working with other cities in the Midwest and the Great Lakes regions to share best practices to accelerate the removal of lead service lines. 

MR. FERNÁNDEZ HERNÁNDEZ:  Thank you.  We will go to Annie next.  You should be unmuted now.

Q    Hi.  Annie Snider from Politico.  I have two questions.  First of all, I hope you can speak to the vice president’s involvement in this.  If I recall correctly, her office briefed the proposed rule, and my understanding is that she played an important role in the regulatory use of this. 

And then, second of all, this rule is coming out well within the Congressional Review Act window.  Are you concerned at all about this rule getting targeted if Republicans take control of Congress and the White House next year?

SENIOR ADMINISTRATION OFFICIAL:  Well, let me just say that the vice president, as you have stated, has been a significant partner to EPA as we have traveled the country and really highlighted the president’s vision, which is a 100 percent lead-free future, as well as helping the public understand the implications of lead exposure. 

And so, the vice president has been very, very involved.  We have had a number of good, solid policy discussions.  And that engagement with the vice president, under the president’s leadership, has led to a very, very strong rule, as well as a very strong strategy for how we deploy these resources in the cities and towns that need it the most. 

So, we’re very, very proud of our partnership with the vice president. 

MR. FERNÁNDEZ HERNÁNDEZ:  Okay.  We will go to Emma next.  You should be unmuted now.  (Inaudible.)

Q    Hi.  This is Emma Gardner for Inside EPA at Inside Washington Publishers.  Thank you so much for doing this.  I just have a couple of questions. 

One, I’d be interested if you could give us a specific action level threshold in terms of parts per billion in the new rule.  And, secondly, I would love to know how the new rule approaches lead service lines that run underneath private land and if there are any incentives for landowners to replace them — the — those pipes themselves.

SENIOR ADMINISTRATION OFFICIAL:  Emma, I’ll take a stab at answering your two-part question.  The first question was, if I heard you correctly: What — what’s the action level in the new Lead and Copper Rule improvements?  It’s 10 parts per billion.  That’s the action level, which, as you know, previously was 15 parts per billion. 

Just one thing to note: In terms of private side, our rule requires that for full li- — full lead service line replacement where systems have access to the full lead service line.  And we know that there are a variety of rules and laws out there that may influence whether or not a community have — has access to that or requires permission for a local entity to — to enter into private property.

In the event that there’s private property that needs to be entered into and permission needs to be granted, the rule requires that systems ask the member of the — the owner of the property four different times about — for permission to replace that lead service line in two wholly different ways.  So, we’re trying to ensure that water systems around the country, where they do have lead service lines that are in private property, have a persistent way to get in touch with the landowner to get permission to replace them.

MR. FERNÁNDEZ HERNÁNDEZ:  Thank you.  We will go to Jacob next.  You should be unmuted now. 

Q    Hey, folks.  Thanks so much for doing this.  I also have a two-part question.  Firstly, just trying to follow up on a question from a previous reporter that I don’t think was totally answered, but could you just speak a little bit to the degree to which you’re concerned about, you know, efforts to overturn this rule through CRA efforts in Congress in, you know, a future Republican-led Congress? 

And, secondly, can you speak to what conversations you had with stakeholders, particularly water service providers, and — and thinking about possible legal challenges that this rule might face, especially as the Supreme Court has, you know, limited the ability of the government to — to issue these sorts of regulations moving forward.  Thanks.  

ADMINISTRATOR REGAN:  Well, thank you, Jacob, for that question.  I’ll take the first part, and [senior administration official] can follow. 

Listen, this rule is grounded in science and within the four corners of our statutory authority.  And we have measured a number of times.  We’ve measured twice and we’re cutting once here.  We believe that it’s on solid legal footing, supported by the science. 

And listen, the outcomes are undeniable.  If you look at protecting up to 900,000 infants from being born with low birth weight or the reducing of 1,500 cases of premature death from heart disease, the cost benefits are at a 13-to-1 ratio. 

This is an opportunity to reduce lead exposure to millions of families all across the country, and we believe we’ve done it in a very strategic way, a legally sound way, supported by the science.  And the health benefits of this rule are undeniable.

SENIOR ADMINISTRATION OFFICIAL:  Mr. Administrator, the second part of the question was regarding conversations with stakeholders.  And I would just say that we had repeated conversations with stakeholders throughout this process. 

We also received over 200,000 comments on the proposed rule.  The vast majority of them were supportive of the rule.  We met with stakeholders throughout this process.  We visited the cities where lead service lines are currently being replaced.

And we know that, as the administrator mentioned at the beginning, that this rule is built on actions that have already been taken and already underway both in states and communities across this country.  There are four states that already have requirements to replace lead service lines in 10 years — from Illinois to Michigan to Rhode Island to New Jersey.  There are communities throughout this country that, before this rule was in — put in place, where they’ve already been engaged in removing lead service lines — from Milwaukee to Detroit to Cincinnati to Pittsburgh. 

All across the country, communities are supportive and engaged in this effort today.

MS. QUILLIAN:  Angelo, can I just — this is Natalie.  Can I just jump in on the first question, too, to add to what Administrator Regan said?

Look, I think that we believe and hope that ending the poisoning of our kids from lead water should and could be a bipartisan priority.  And, indeed, we’ve seen many Republicans vote for the Bipartisan Infrastructure Law that made this possible. 

Now Wiscon- — Wisconsin’s other senator, Ron Johnson, did not vote for it, but we do think that this should be a bipartisan priority.  And I hope that all of our — our members of Congress would vote for keeping our water clean rather than continuing to have lead in the water.

MR. FERNÁNDEZ HERNÁNDEZ:  Thank you, Natalie.  We will have time for two more questions. 

Let’s go to Michael.  You should be unmuted now.

Q    Hey.  Thank you for this.  Appreciate the time, as always.  Just two kind of follow-up questions to some of the other questions that have been asked here.  Can you confirm that the 10 percent action level is not intended to be an individual homes action level? 

And then, secondly, how does the final rule deal with if — if a — if a water system exceeds the 90 percent of — you know, tests above 10 parts per billion, are — is that water system required to provide free filters to its citizens?

SENIOR ADMINISTRATION OFFICIAL:  Mr. Administrator, let me take a stab at answering that question. 

Thank you, Mr. Hawthorne, for your question. 

I can confirm that the 10 percent action level is throughout the system, as you indicated.  It’s not just on an individual home.  But any individual who has an action level exceedance — it’s the 90th percentile, as you know, Mr.  Hawthorne.  But any individual household that has an exceedance of the action level will be required to be communicated with, get their test results, and be able to take action immediately. 

In addition to that, if the action level is exceeded on a repeated basis — four times in a five-year period, for example — then the community will be required to make filters available to all of the residents in the community, not merely the residents where the action level was repeated — reported.

MR. FERNÁNDEZ HERNÁNDEZ:  Thank you. 

And our final question will come from Miranda.  You should be unmuted now.

Q    Hi.  Thanks for taking our questions. 

What are you hearing from water providers about progress they’ve made on their inventories?  And any — you know, do — do you expect them to, you know, meet the — the October 16th deadline?  Or could there — could there be some — are you hearing about any challenges so far on that front?  Thank you. 

ADMINISTRATOR REGAN:  Well, thank you for the question, Miranda.  And we fully believe, as [senior administration official] has indicated, that these systems are, in many cases, moving forward already. 

I think it’s important for us to note that we know through conversations that these systems can step up and they can meet the challenge.  We have designed a very durable, strong rule that is grounded in the science, grounded in the law.  And we expect these water systems to step up and meet this rule, because under no circumstances do we want our children exposed to lead poison in their drinking water. 

And as Natalie indicated, this is a bipartisan effort here.  There have been folks on both sides of the aisle for a number of years who have been calling for the removal of lead service lines, which are the largest source of lead exposure in this country. 

And so, we fully believe that everyone can step up in a very cost-effective way and comply with this rule, and that is our expectation. 

MR. FERNÁNDEZ HERNÁNDEZ:  Thank you, Administrator.  And that’s all the time that we have today.

As a reminder, the contents of this call and the materials you received over email are embargoed until 5:00 a.m. Eastern tomorrow. 

If you have any questions, please feel free to follow up with us, and thank you again for joining you.

12:00 P.M. EDT

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