What the EPA’s New Federal Water Rule Means for Chicagoans

The Environmental Protection Agency (EPA) released its finalized Lead and Copper Rule Improvements (LCRI) on October 8, 2024, outlining major improvements to our country's drinking water standards. The water that flows from our tap to support our basic hydration, cooking, and cleaning needs are regulated by our federal government and undergo periodic revisions to ensure they are effectively protecting the health and safety of residents.

In December 2023, the EPA released a proposed rule and received nearly 200,000 public comments from everyday residents, environmental organizations, elected officials, labor unions, and more with recommendations on ways to improve the rule. Now that the rule is finalized, let's explore what it specifically means for Chicagoans and steps the city can take to prepare for the federal rule that kicks in during 2027.

Chicago will be required to replace its lead pipes within about 20 years.

The LCRI establishes a general requirement that most water systems in the country must replace its lead pipes within 10 years. When the draft rule was released, Chicago received a proposed extension of 40 to more than 50 years to replace its 409,000 known lead pipes.

Why? Chicago's lead pipe problem is vaster than any other U.S. city. This is largely because Chicago required lead pipes to be used to connect to the city's water supply until they were federally banned in 1986, resulting in the city having more lead pipes than any other city. Considering there is no safe level of lead, it is important to get the pipes out as quickly as possible, hence the LCRI's accelerated timeline.

The updated, approximate 20-year timeline is a significant improvement from the EPA's draft proposal and it's also much better than the Illinois General Assembly's 2021 state law granting Chicago a 50-plus year replacement timeline.

The release of the LCRI coincides with Chicago Mayor Brandon Johnson and other Midwest mayors' roll out of the Great Lakes Lead Pipe Initiative, serving as a public commitment to expedite the replacement of lead pipes in each of their respective cities.

While lead pipe replacement is the most prominent aspect of the new federal rule, there are other key aspects that are important to note for our public health, such as:

Improved water testing process. Stronger testing protocols means we can protect people, particularly our children, from harmful contaminants that negatively impact their health. Instead of only testing the first liter of water when conducting a water sampling test, water utilities are now required to test the first and fifth liter of water. Testing only the first liter of water alone is not the most accurate method to detect lead contamination, but that's what's been done for decades under EPA's outdated lead in water rule. Now, by testing both the first liter plus the fifth liter of water (which tends to be the water sitting in lead service line for extended periods of time), it will provide a clearer picture of the water quality.

Reduced lead action level. The LCRI lowers the lead action level from 15 ppb to 10 ppb. When water utilities conduct testing, they are required to take specific actions when lead concentrations exceed that action threshold. Since there is no safe level of lead exposure, a lower action level is a step in the right direction to prompt water utilities to take action sooner, such as improving water treatment to reduce corrosion of lead. Swifter action is particularly helpful for communities disproportionately impacted by lead exposure, especially children, and helps mitigate short- and long-term health risks.

How Chicago Can Prepare for 2027

Although several cities across the country, including Chicago, have already started to replace their lead pipes, they must prepare for the new accelerated timeline. This will require intentional coordination internally and externally to ensure they remain in compliance and the work is done in an equitable and efficient manner. There are a few things Chicago should consider to make this transition as smooth as possible:

Require the water utility to pay for the cost of replacements. The finalized LCRI does not include this provision, but local and state leaders should consider this approach because it is the most equitable and efficient replacement method by spreading the replacement costs across all customers and not further burdening those already impacted by lead in their drinking water.

Develop and fund a robust community outreach program. Residents are more likely to consent to having their lead pipe replaced if they understand the public health benefits and are approached by someone they know and/or trust. The Principles of Lead Service Line Replacements highlights ways to improve community involvement and increase transparency.

Hire a Lead Czar and/or Reinstate the Lead Service Line Replacement Working Group. The City of Chicago offers several replacement programs to help homeowners and daycare providers replace their lead pipes. A Lead Czar can help promote coordination across programs to improve efficiency, and the working group can help hold the City and Department of Water Management accountable to ensure they're meeting their annual replacement goals (among other things).

Address the water workforce shortage. In June 2023, the Illinois Lead Service Line Advisory Board published a report, noting that the State of Illinois at large has a gap in our current skilled water workforce capacity. To meet the demands of the accelerated replacement timeline, the city and state must bolster investments in recruitment, training, and hiring to expand our skilled workforce.

Reduce the cost of lead pipe replacement. If a resident doesn't qualify for one of the city's replacement programs, they must pay for a lead service line replacement out of pocket, which the city claims can cost up to $30,000. According to a recent analysis, this figure is about triple what it is in other cities, and there are many ways to cut these costs. Not only is it important to reduce the cost of replacement to make it more affordable for residents, but a lower replacement cost can help federal funds stretch further.

Utilize all of the federal funding at our disposal. In December 2023, the City of Chicago received a $336 million Water Infrastructure Finance and Innovation Act (WIFIA) loan to help replace its water mains and associated lead service lines. According to federal sources, almost a year later, the City has not tapped into the funds to support replacements. It is unclear why the city hasn't utilized the funding, but it is imperative that city officials maximize federal funding to complement its local replacement efforts.

Moreover, the City of Chicago also hasn't received its proportional share of funding from the Illinois EPA (the agency disseminating federal Bipartisan Infrastructure Law funds) during past funding cycles. Despite having the most lead service lines in the state, Chicago hasn't received nearly enough funding that matches its need or fair share. Although there have been recent modest improvements to the way funding is disseminated, Chicago leaders should demand that the IEPA remove its funding cap for lead service line replacement dollars to bring in the funding the city rightfully deserves.

Ensure that any adult resident of a home can authorize free lead pipe replacement. What many cities, like Newark, New Jersey and Benton Harbor, Michigan have found is that they often had difficulty finding property owners, especially of rental properties, to approve lead pipe removals, even when they are free. By passing a local ordinance, cities like these have authorized any adult resident (like a renter) to approve the free replacement of a lead pipe. This streamlines and expedites the process, makes it less expensive, and helps ensure equity when absentee landlords, for example, cannot be tracked down. If a new state law is needed to make this happen, Chicago officials should ask for this change.

Steps You Can Take Today

While these actions will take time, coordination, and investments to be successful, there are steps you can take to safeguard your health while the city prepares for the implementation of the LCRI:

Step 1: Determine if you have a lead service line by visiting sli.chicagowaterquality.org. If you don't get a clear answer, check "How to Find Out if You Have a Lead Service Line."

Step 2: Visit Lead Safe Chicago for a list of replacement programs and eligibility requirements, including income-based replacement options.

Step 3: For any follow-up questions regarding the programs, please call 311.

Step 4: Install a point-of-use water filter to your faucet or buy a water pitcher that's NSF/ANSI 53 and 58 certified for lead reduction. This is a fancy way of saying that the filter reduces water contaminants, including lead.

Step 5: Check out NRDC's Lead Service Line National Map that shows that cities like Chicago are hot spots for lead service lines across the country.

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