Enforcement of Lead Laws and Regulations in Region 2
EPA’s Region 2 office serves New Jersey, New York, Puerto Rico, U.S. Virgin Islands and eight federally recognized Indian Nations
FY 2024 Lead Enforcement and Regional Geographic Initiatives Highlights
Clean Air Act
The Air and Radiation Division in Region 2 is working with the Puerto Rico Department of Natural and Environmental Resources (PR DNER) to re-designate the Arecibo area to attainment and develop an air quality maintenance plan. In FY 2024, PR DNER continued to collect lead monitoring data, bringing PR one year closer to collecting three years of data that are required for re-designation.
Clean Water Act and Safe Drinking Water Act
Region 2’s Enforcement and Compliance Assurance Division (ECAD) conducted 10 public water system inspections for Lead and Copper Rule (LCR) compliance, issued three administrative orders to address noncompliance, and issued one final penalty order for a system's failure to comply with the schedule for lead service line replacement. In addition, Region 2 ECAD coordinated with the Region 2 Water Division to develop and deliver training to local and state personnel on the upcoming requirements under the Lead and Copper Rule Revisions (LCRR). More than 200 people attended the training workshops.
Systems inspected included Veolia Water NY RD #2 (Westchester County, NY); Lockport City, Niagara Falls Water Board, North Tonawanda City, Niagara County Water District, Lewiston Water Improvement Area, Lockport Water District #3, and Wheatfield WD (Niagara County, NY); Hackettstown MUA (Warren County, NJ); and Hawthorne Water Department (Passaic County, NJ). A penalty action was issued to Belleville Water Department (Belleville, NJ).
In June 2024, Region 2 traveled to Puerto Rico and the U.S. Virgin Island to facilitate a hybrid training on the limited aspects of the LCRR that will need to be implemented starting October 16, 2024. The training also included an open question and answer segment to address specific questions on these items. Attendees included both primacy agency staff and water system operators. Between the two trainings, approximately 90 people were in attendance.
In August 2023, St. Croix residents complained of water odor and discoloration provided by the U.S. Virgin Islands Water and Power Authority (WAPA). Samples collected by WAPA at the water meters showed elevated lead and copper. Follow-up testing showed elevated lead and copper in some areas. In mid-October 2023, the Region 2 Laboratory Services and Applied Science Division was requested to conduct sequential sampling from kitchen sinks in residential homes to the water meter to determine where the problem lies in the plumbing profile. On December 7, 2023, a final sampling report was generated and submitted to the Region 2 Water Division to work with WAPA on various solutions to this water emergency crisis.
The Newark Board of Education received a grant to help fund the Newark Safe Water Initiative, which improves public health by reducing sources of lead in school drinking water to benefit more than 36,000 students in pre-Kindergarten through 12th grade and nearly 6,000 employees in 64 schools. In FY 2024, a no-cost time extension was granted to extend the project to 2027. An environmental contractor has completed Phase 1 + 2, drilling for new lines at 10 out of the 16 schools. There were some delays due to a new environmental contract, which was finalized in May 2024. Phase 3 schools are scheduled for September 2024. New service lines have been laid and are awaiting final connection in two schools. Line placement is underway at two additional schools.
The City of Trenton was selected to receive funding for their lead service line (LSL) replacement project. The project plans to replace 790 LSL (approximately 10% of the known and highly likely LSLs remaining in the City of Trenton) at no cost or rate increase to the residents or property owners. In FY 2024, the selected engineering services contractor was greater than that allocated in the original budget. A re-budget is under final approval to expand funds for engineering services. The contract award is on the docket for City Hall approval. Next steps include construction contact advertisement, replacement address finalization, and educational material development.
Toxic Substances Control Act
Region 2 lodged a $168,000 TSCA settlement with Legacy Builders/Developers Corp (“Legacy”). The case resolved violations of EPA’s Renovation, Repair and Painting (RRP) Rule at hundreds of apartments in New York City, many in areas with environmental justice concerns. Legacy agreed to host lead paint safety education sessions for tenants, provide a worker training session, and distribute fact sheets on RRP certification requirements for contractors to landlords and property managers.
Region 2 also finalized five expedited settlements with lead-based paint training providers.
The Community Lead Awareness (CLA) is a continued FY 2024 national initiative and primarily supports regional work in environmental justice areas.
On April 11, 2024, EPA Region 2 presented at the LeadSafe CNY Coalition meeting to discuss CLA opportunities.
On April 16, 2024, EPA Region 2 presented an Understanding Lead virtual webinar hosted by NJ Head Start Association, the Region II Head Start Association, and the Institute for Childhood Preparedness.
On May 3, 2024, EPA Region 2 facilitated a Información Sobre el Plomo webinar hosted by the NJ Head Start Association, the Region II Head Start Association, and the Institute for Childhood Preparedness.
On May 21, 2024, EPA Region 2 traveled to Akwesasne, NY to present Understanding Lead at the Indian Nations Leaders Meeting.
On May 28, 2024, EPA Region 2 facilitated an Understanding Lead virtual session at the City of Rochester Inspector meeting.