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What a Trump presidency means for the water industry

Nov. 8, 2024

Analyzing trends from the prior Trump administration may provide the water industry with insights into future developments.

Ballots have been cast, votes are tallied, and election results are in. A new president brings forth a new administration with potentially different, sometimes disagreeing, agendas.

Donald Trump already served a term as the 45th President of the United States giving us the ability to investigate the past to see what the previous administration did with the water industry – allowing us to gain perspective into what the future may hold.

Previously, the Trump administration’s actions concerning water policy spanned environmental deregulation, and adjustments to water infrastructure funding and water quality standards.

As of now, there is no specific or detailed policy statement from Trump’s 2024 campaign regarding changes to the water industry. However, the administration’s past actions and general policy proposals provide insight into his likely approach.

Control of the House of Representatives and the Senate would allow the administration to more quickly advance agenda that effects the water industry.

What Trump’s second term means for the water industry

Rollback of protections for streams and wetlands through the Clean Water Act

The Trump administration previously replaced the Obama-era Waters of The United States (WOTUS) rule with the Navigable Water Protection Rule. This revised rule redefined which bodies of water would be federally regulated, broadly limiting protections to larger water bodies and leaving smaller streams and wetlands under state control.

Supporters felt this provided clearer guidelines for landowners and reduced regulatory burdens, while critics were concerned about potential impacts on water quality.

The Biden administration reinstated and expanded protections for streams and wetlands through the Clean Water Act. The changes protect smaller waterways essential for drinking water. They also support broader conservation goals.

What Trump means for the Clean Water Act: If the past is any indication of future policies, it could be expected of the Trump administration to roll back federal protections for streams and wetlands in favor of leaving them under state control.

Revisions or restrictions to PFAS

The Trump administration sought to address the issue of per- and polyfluoroalkyl substances (PFAS) in drinking water with a plan to study and manage these chemicals.

Prior to leaving the White House in 2021, the Trump administration’s EPA determined that some PFAS chemicals need to be regulated in drinking water, but never acted to force such regulation.

In April of 2024, the Biden administration and the EPA introduced national limits to these chemicals in drinking water.

Andrew Wheeler, who served as the EPA administrator under Trump for two years, previously stated in a Newsweek article that some details of Biden’s PFAS rules may need to be reexamined, but as a whole his EPA was generally in favor of regulation.

What Trump means for PFAS: It is not clear where Trump stands in regards to current PFAS regulations or rules under promulgation, and EPA appears prepared to move forward with what it has already published.

Lead pipes

The EPA decided to implement the Trump administration’s lead and copper rule, while proposing additional requirements.

Under the updated rule, utilities that exceed 10 parts per billion (ppb) of lead had to work with regulators on plans to replace lead service lines. Utilities that exceeded 15 ppb would be required to replace at least 3% of known or suspected lead lines per year.

This number represented a slower replacement rate than a previous 7% requirement, essentially doubling the time it would take to replace lead lines.

What Trump means for lead: Adjustments to the Lead and Copper Rule Improvements (LCRI), recently finalized by the Biden administration, could once again add to the complexity of replacing lines for utilities. Utilities have already worked to detect lines and take inventory. Trump has not made official statements about this work.

Deregulation of coal ash ponds

The previous Trump administration relaxed requirements on coal ash waste storage, a byproduct of coal-burning power plants that can contaminate groundwater with heavy metals.

Under revised U.S. Environmental Protection Agency (EPA) rules, certain protections were reduced, allowing coal plants more time to comply with regulations on how coal ash is stored and treated.

This move essentially revoked a rule that prevented coal companies from dumping mining debris into local streams.

What Trump means for coal ash ponds: We could expect to see more deregulation around the energy sector which could result in relaxed regulations of discharges from power plants into public waterways.

Rollback of mercury effluent standards

In 2020, the Trump administration revised standards on mercury emissions from coal plants to reduce compliance costs.

Mercury emissions can enter waterways, affecting fish and wildlife.

Supporters viewed these adjustments as cost-saving, while critics were concerned about the environmental impacts of excess mercury making its way into local water bodies.

2023 proposal from the Biden administration sought to strengthen mercury standards for power plants.

What Trump means for mercury standards: A rollback of pollution standards may be an indication of more lax environmental standards to cut cost and time for power plants.

Lasting implications for the water industry

The Trump administration’s approach to water policy left a mixed legacy for the industry.

The deregulatory measures benefited some sectors, reduced operational costs and provided more flexibility to places like the power industry.

However, concerns about water quality, environmental health and public safety persist among critics who fear that reduced federal protections could lead to long-term damage to water systems and ecosystems.

Recommended Reading:

15 Common Water Contaminants & Their Potential Risks

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