Dear Colleague Letter on Funding to Test for and Address Lead in Water in Early Care and Education Settings

Date: March 24, 2023

To: Governors 

Dear Governors,

We are writing today to share our joint commitment across the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Health and Human Services (HHS) to partner with state and local governments to deploy available resources, including infrastructure and federal program funds, and take steps to identify and remediate the effects of lead on children in early care and education (ECE) settings.

In March 2021, President Biden signed the American Rescue Plan (ARP) Act into law to provide critical resources to support communities and industries that were hardest hit by the COVID-19 public health emergency, get American workers back to work, and invest in critical infrastructure — including water and child care infrastructure. On November 15, 2021, President Biden signed the Bipartisan Infrastructure Law (BIL), which includes a historic $50 billion to strengthen the nation’s drinking water and wastewater systems — the single largest investment in water that the federal government has ever made. Together, these investments have the potential to be transformative, and to act as a catalyst to achieve lead-free water for all, including for children who are most susceptible to the effects of lead.

The White House’s Lead Pipe and Paint Action Plan encourages federal, state, and local governments to leverage every tool at their disposal to deliver clean drinking water, replace lead pipes, and remediate lead paint—particularly in ECE settings including child care centers, family child care homes, preschools, and Head Start programs. Under this Plan, EPA and HHS are committed to using every tool available to protect all Americans from the sources of lead— particularly from lead in paint and drinking water.

In addition, EPA and HHS are encouraging a “whole of government approach,” leveraging the collective expertise of the federal government, and facilitating interagency coordination to address lead exposure. HHS and EPA co-lead the President’s Task Force on Environmental Health Risks and Safety Risks to Children, which consists of 17 federal agencies and White House Offices. These collective efforts underscore the federal government’s commitment to better understand and prevent disease and disabilities in children caused by exposure to lead. We encourage you and your states to likewise commit to reducing lead exposure in children through available federal and state resources and actions, detailed below.

Impact of Lead on Children’s Health and Development

Lead is a toxic metal, and there is no safe blood lead level for children. Children are most susceptible to the effects of lead because their bodies are still undergoing development, and infants and young children are at greatest risk for significant and potentially life-long health problems as a result of exposure to lead. Furthermore, young children are more likely to be
exposed to lead through paint or dust and are more susceptible to ingesting lead since they often put their hands or objects into their mouths. Lead in drinking water can be a significant contributor to overall exposure to lead, particularly for infants whose diets consist of food and liquids made with water, such as baby food, juice, or formula. Children in low-income
neighborhoods are exposed to lead at higher rates and are most at risk for the negative effects of exposure.

The adverse health effects of lead exposure can be both physical and behavioral. Even low levels of lead in children can lead to anemia, behavior and learning problems, and other concerns. Therefore, it is critical that states focus their coordinated efforts in places where our nation’s children spend a great deal of their time—early childhood settings.

Federal Funding Sources Available to Test and Remediate Lead in Early Care and Education Settings
Several funding sources are available in your state to test for and remediate lead in ECE settings to ensure that children are healthy and safe from lead exposure. As state leaders, you have a great deal of discretion on how to direct these funds, including:

• The ARP Act includes $350 billion in Coronavirus State and Local Fiscal Recovery Funds (SLFRF) that can be used to invest in lead remediation projects, including in ECE facilities. The ARP also includes nearly $15 billion in Child Care and Development Fund Supplemental Funds (CCDF ARP Supplemental) that can be used to support improvements to existing child care centers and family child care programs to address lead pipes and paint.
• The BIL authorized increasing funding capacity to approximately $200 million over five years for the EPA Voluntary School and Child Care Lead Testing and Reduction GrantProgram for lead remediation and compliance monitoring in addition to lead testing. The BIL further authorized increased funding of $500 million over 5 years for the EPA Reducing Lead in Drinking Water Grant Program to fund water infrastructure improvements such as lead service line replacements and facility remediation at ECE settings.

Funding details and sources for you to explore are available here and attached.

Additional Opportunities for States to Enhance Protections for Young Children in Early Care and Education Settings

HHS and the EPA applaud the efforts that states and local communities are already taking to prioritize addressing lead in water and paint in the places where young children spend their time. 

Together, we can make significant progress towards achieving President Biden’s vision of a 100 percent lead free future. As you consider how to fund testing and remediation in ECE settings, we encourage you to consider additional administrative steps to support the health and safety of
children in ECE settings. Some of these actions include:

• Establish or strengthen child care licensing and monitoring requirements to test for and address lead in early childhood settings along with funding to support the associated costs.
• Provide technical assistance and supports to ECE and child care facilities to meet lead testing and remediation requirements, including use of the EPA 3Ts (Training, Testing, and Taking Action) resources for lead in drinking water in schools and child care facilities.
• Establish or strengthen blood lead screening requirements for all children in your state and connect ECE programs to available resources to ensure children exposed to lead receive the supports and services they need.

Thank you for your partnership and attention to this important matter.
Sincerely,

Xavier Becerra,
U.S. Secretary of Health and Human Services

Michael S. Regan
Administrator of the U.S. Environmental
Protection Agency