Booker, Duckworth, 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 Cory Booker (D-NJ) and Tammy Duckworth (D-IL)-co-founders of the 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 16^th 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.

In the letter, the lawmakers outlined what's at stake if the proposed LCRI is not finalized by October 16^th: "…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."

In 2019, Booker's Water Infrastructure Funding Transfer Act was signed into law to allow states to make a one-time transfer of the federal funds in their Clean Water State Revolving Fund to their Drinking Water State Revolving Fund to address public health concerns as a result of heightened exposure to lead in drinking water, which helped Newark replace nearly all its lead service lines within three years. The Bipartisan Infrastructure Law included the most significant federal investment in water infrastructure in history, including $15 billion for national lead pipe replacement. These investments, which focus on disadvantaged communities, will help rebuild our nation's crumbling water infrastructure and enable communities to repair and modernize their failing wastewater systems.

Along with Booker and Duckworth, 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) and Kirsten Gillibrand (D-NY).

Along with 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 Frost (D-FL-10), John Garamendi (D-CA-08), Jesús García (D-IL-04), Robert Garcia (D-CA-42), Sylvia 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 McGovern (D-MA-02), Grace Meng (D-NY-06), Kevin Mullin (D-CA-15), Jerrold Nadler (D-NY-12), Eleanor Norton (D-DC-AL), 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), Janice Schakowsky (D-IL-09), Robert 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) and Frederica Wilson (D-FL-24).

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.

To read the full text of the letter, click here.