September 25, 2024

Duckworth, Booker, Blunt Rochester, Tlaib, Dingell, Lee Call for Expedited Review and Implementation of Biden Administration’s Proposed Strengthening of the Lead and Copper Rule

 

[WASHINGTON, D.C.] – Today, U.S. Senators Tammy Duckworth (D-IL) and Cory Booker (D-NJ)—co-founders of the new U.S. Senate Lead Task Force and the U.S. Senate Environmental Justice Caucus—along with U.S. Representatives Lisa Blunt Rochester (D-DE-AL), Rashida Tlaib (D-MI-12), Debbie Dingell (D-MI-06) and Barbara Lee (D-CA-12) are calling on the White House Office of Management and Budget (OMB) to expedite its review of the Biden Administration’s proposed Lead and Copper Rule Improvements (LCRI), which would lower the lead action level to better protect human health and require water systems to replace old and deteriorating lead pipes within a decade. The lawmakers’ bicameral letter underscores the importance of OMB completing its review ahead of the October 16th finalization deadline to not only help ensure these important improvements are implemented as quickly as possible, but also prevent water systems from being forced to temporarily comply with the prior rule proposed by the Trump Administration—also known as the Lead and Copper Rule Revisions (LCRR)—which would put public health at risk. Congresswomen Blunt Rochester, Tlaib and Dingell are co-founders and co-leads of the Get the Lead Out Caucus in the House.

In the letter, the lawmakers outlined what’s at stake if the proposed LCRI is not finalized by October 16th: “…water systems and states will be required to start complying immediately with the deeply problematic LCRR. EPA concluded that temporary implementation of the LCRR rule from the prior administration will create bureaucratic complexity and confusion for regulated entities, waste scarce resources, result in widespread non-compliance and risk delaying or failing to realize the full benefits of the LCRI… In addition to the unnecessary potential confusion and complexity, the prior administration’s LCRR would put public health at risk by implementing inadequate policies that do not meaningfully address the lead contamination problems in communities across the country.”

In addition to preventing water systems from being forced to comply with Trump Administration’s previously proposed LCRR, swiftly finalizing the Biden Administration’s proposed LCRI would help ensure full implementation of the Bipartisan Infrastructure Law’s provisions aimed at removing lead pipes and advancing environmental justice. The lawmakers wrote: “The commitment of the Biden-Harris Administration and EPA extends beyond the LCRI, but a timely final LCRI is necessary to stop the ongoing environmental health crises. The $15 billion in dedicated funding for lead pipe replacement and additional $11.7 billion in grants, loans and principal forgiveness made possible through Congress’s passage of Senator Duckworth’s Drinking Water and Wastewater Infrastructure Act, included in the Bipartisan Infrastructure Law and other sources, need the proposed LCRI to be finalized to ensure safe and expedient implementation.”

The Bipartisan Infrastructure Law included Duckworth’s Drinking Water and Wastewater Infrastructure Act (DWWIA) and is the most significant federal investment in water infrastructure in history, including $15 billion for national lead pipe replacement. DWWIA, which focuses on disadvantaged communities, will help rebuild our nation’s crumbling and dangerous water infrastructure and enable communities to repair and modernize their failing wastewater systems.

Along with Duckworth and Booker, the letter is co-signed in the Senate by U.S. Senators Dick Durbin (D-IL), Ben Cardin (D-MD), Richard Blumenthal (D-CT), Debbie Stabenow (D-MI), Edward J. Markey (D-MA), Jeff Merkley (D-OR), Gary Peters (D-MI), Jack Reed (D-RI), Tina Smith (D-MN), Chris Van Hollen (D-MD), Kirsten Gillibrand (D-NY), Tom Carper (D-DE), Bernie Sanders (D-VT) and Elizabeth Warren (D-MA).

Along with Blunt Rochester, Tlaib, Dingell and Lee, the letter is co-signed in the House by: Alma Adams (D-NC-12), Suzanne Bonamici (D-OR-01), Julia Brownley (D-CA-26), Nikki Budzinski (D-IL-13), Sean Casten (D-IL-06), Sheila Cherfilus-McCormick (D-FL-20), Yvette Clarke (D-NY-09), Steve Cohen (D-TN-09), Debbie Dingell (D-MI-06), Dwight Evans (D-PA-3), Bill Foster (D-IL-11), Maxwell Alejandro Frost (D-FL-10), John Garamendi (D-CA-08), Jesús G. “Chuy” García (D-IL-04), Robert Garcia (D-CA-42), Sylvia R. Garcia (D-TX-29), Daniel Goldman (D-NY-10), Josh Gottheimer (D-NJ-05), Raúl Grijalva (D-AZ-07), Jared Huffman (D-CA-02), Jonathan Jackson (D-IL-01), Pramila Jayapal (D-WA-07), Robin Kelly (D-IL-02), Ro Khanna (D-CA-17), Daniel Kildee (D-MI-08), Summer Lee (D-PA-12), Stephen Lynch (D-MA-08), Seth Magaziner (D-RI-02), Jennifer McClellan (D-VA-04), Betty McCollum (D-MN-04), James P. McGovern (D-MA-02), Grace Meng (D-NY-06), Kevin Mullin (D-CA-15), Jerrold Nadler (D-NY-12), Eleanor Holmes Norton (D-DC-At Large), Alexandria Ocasio-Cortez (D-NY-14), Chellie Pingree (D-ME-01), Delia Ramirez (D-IL-03), Linda Sánchez (D-CA-38), John Sarbanes (D-MA-03), Jan Schakowsky (D-IL-09), Robert C. “Bobby” Scott (D-VA-03), Elissa Slotkin (D-MI-07), Eric Sorensen (D-IL-17), Melanie Stansbury (D-NM-01), Haley Stevens (D-MI-11), Shri Thanedar (D-MI-13), Jill Tokuda (D-HI-13), Ritchie Torres (D-NY-15), Frederica Wilson (D-FL-24), Hank Johnson (D-GA-04), Patrick Ryan (D-NY-18), Joe Courtney (D-CT-02), Katie Porter (D-CA-47), David J. Trone (D-MD-06), Donald S. Beyer, Jr. (D-VA-08), Raja Krishnamoorthi (D-IL-08), Gerald Connolly (D-VA-11), Zoe Lofgren (D-CA-18), Gabe Amo (D-RI-01), Sara Jacobs (D-CA-51) and Darren Soto (D-FL-09).

After leading a dozen of their Senate colleagues in calling on EPA to strengthen and enforce the Lead and Copper Rule, Duckworth and Booker applauded the Biden Administration for heeding their request in November of last year. In February, Duckworth, Booker, Tlaib and Dingell urged the Biden Administration to strengthen the rule further by considering additional provisions that would improve and expedite the Biden Administration’s effort to remove all lead service lines from our nation.

The letter is endorsed by: Natural Resources Defense Council, League of Conservation Voters, EarthJustice, Protect Kids From Lead Coalition, National Association of Water Companies, BlueGreen Alliance, Environmental Defense Fund, Unleaded Kids and National Center for Healthy Housing.

The full letter can be found below or on Senator Duckworth’s website:

Dear Director Young:

We appreciate the Biden-Harris Administration’s bold leadership and substantial efforts to remove nearly all lead service lines from across our nation within 10 years.  The commitment to ensure safe, lead-free drinking water in every community has been evident through both federal investments and the Environmental Protection Agency’s (EPA) Lead and Copper Rule Improvements (LCRI) proposed rule that was published in December 2023 and submitted for finalization to the White House Office of Management and Budget’s Office of Information and Regulatory Affairs in August 2024. This proposal represents another critical step forward that will protect public health, create jobs and ensure a better future for our children. We write to underscore the importance of finalizing the LCRI before October 16, 2024, to avoid a default implementation of the previous administration’s Lead and Copper Rule Revisions (LCRR).

As you know, if the rule is not finalized by October 16, water systems and states will be required to start complying immediately with the deeply problematic LCRR. EPA concluded that temporary implementation of the LCRR rule from the prior administration will create bureaucratic complexity and confusion for regulated entities, waste scarce resources, result in widespread non-compliance and risk delaying or failing to realize the full benefits of the LCRI. See 88 Fed. Reg. at 84,903, 84,967-69. In addition to the unnecessary potential confusion and complexity, the prior administration’s LCRR would put public health at risk by implementing inadequate policies that do not meaningfully address the lead contamination problems in communities across the country. 

Finalizing the LCRI in a timely way also works to protect our most vulnerable.  Lead service lines are disproportionately located in low-income communities and communities of color. This increased risk of lead-contaminated drinking water factors into disadvantaged communities’ greater cumulative risk of lead exposure. Early lead exposure can lead to lasting behavioral and intellectual disabilities and research shows that children who were exposed to lead are more likely to have lower socioeconomic statuses than their parents in adulthood. But adults are not exempt from lead’s impacts; exposure causes cardiovascular and renal problems as well as an increase in all-cause mortality. There is no safe level of lead exposure.  

The commitment of the Biden-Harris Administration and its EPA extends beyond the LCRI, but a timely final LCRI is necessary to stop the ongoing environmental health crises. The $15 billion in dedicated funding for lead pipe replacement and additional $11.7 billion in grants, loans and principal forgiveness made possible through Congress’s passage of Senator Duckworth’s Drinking Water and Wastewater Infrastructure Act, included in the Bipartisan Infrastructure Law and other sources, need the proposed LCRI to be finalized to ensure safe and expedient implementation. 

A timely final LCRI is necessary to immediately and urgently address lead contamination in communities across the country and remove the estimated 9 million service lines across the nation that contain lead. The final rule will ensure that safe and lead-free drinking water is available in all communities and we look forward to continue working with you on this effort. 

Sincerely,


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