Let’s Finish the Job and Get Lead Out of Our Drinking Water

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The Biden-Harris Administration has racked up the most impressive list of environmental justice achievements in our nation's history. But one major priority - finalizing the Lead and Copper Rule - still has not made it across the White House finish line. It's urgent that EPA submit the rule for review by the Office of Budget and Management and for that Office to clear it ASAP to meet the pending October deadline.

Making the federal government more just? Check. Advancing equity by providing resources to change conditions on the ground? You bet. Going after toxic pollution to make air cleaner in EJ communities? Absolutely. Ensuring that we have safe drinking water free of lead? Well…almost. And almost doesn't count.

The Biden-Harris Administration recently held a "Summit on Environmental Justice in Action" highlighting the progress the administration has made to advance environmental justice. The event, which was held at the White House, spotlighted efforts to create healthier communities with a goal of catalyzing further action. All the speakers acknowledged the work they were lifting up was built upon the shoulders of the legendary efforts of many who have fought for decades to secure clean air, safe water and a healthy environment for their communities.

In his remarks, EPA Administrator Michael Regan noted how the President and Vice President have set the tone not only for the EPA but for the whole of government to prioritize environmental justice and deliver meaningful results - and that they have no intention of slowing down.

As an example of delivering on this mandate, he talked about the still pending improvements to the Lead and Copper Rule, underscoring that lead disproportionately impacts black and brown communities. He called the rule a "major advancement in protecting children and adults from lead in drinking water" and noted that the Administration was accelerating their progress to "replace 100% of the lead pipes in this country."

The timing of the Administrator's remarks is crucial. The Lead and Copper Rule update could be a generational leap forward in extending basic health protections to EJ and other communities across the United States. The rule could help to lock in access to safe water across our country for generations to come. It could be a cornerstone of the Biden-Harris Administration's EJ legacy.

It could do all of these things but it's not across the finish line yet!

The rule needs to be sent to the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) in the coming days. OIRA will analyze the proposed rule and the impacts it will have on public health, communities and water systems.

OIRA typically has up to 90 days to review a major rule. But there is a catch!

If OIRA takes the full 90 days after receiving the rule at this point, they will blow through the critical October 16 date when the deeply problematic Trump-era rule automatically goes into effect. That Trump-era rule would leave most lead pipes to remain in use forever; even the most lead-contaminated systems would be allowed over 33 years to remove their lead pipes. And that problematic rule would leave in place the weak 30 year-old lead action level, and would simply fail to meaningfully address the lead contamination problems in communities across the country.

This is crunch time for delivering a safe water future for the United States and things are coming down to the wire.

We are hopeful that the rule will be sent soon, because if not, millions of American families will be stuck with lead pipes and lead-contaminated water for decades to come.

The existing rule is not perfect, but it has significantly stronger laws to protect children and adults from lead in drinking water. In addition, it dramatically accelerates the removal of lead service lines across the country which were mandated to be installed in many places like Chicago. You can read more about our thoughts on the proposed Lead and Copper Rule here.

Good lawmaking requires thoughtfulness and deliberation. On the other hand, it also requires action. Getting the lead out of our drinking water is wildly popular and strongly backed by both parties. It's time to get the Lead and Copper Rule over its finish line. Let's take this next leap forward for justice in our country and secure a future free from worrying about lead in our drinking water. Let's get this rule finalized and signed by October 16!

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