Sen. Ben Cardin (D-Md.) last week introduced a series of new bills in response to the water crisis in Flint, Michigan. One bill, developed with input from AMWA, would establish a new EPA grant program designed to help communities and low-income private homeowners replace lead service lines and interior plumbing. Another bill would set a 180-day deadline for EPA to promulgate a revised Lead and Copper Rule. Neither proposal is expected to see immediate action in the Senate, where focus remains on a bipartisan package that would deliver funding directly to Flint (see related story).
S. 2588, the “Get the Lead Out Act”, would authorize $300 million over five years for a new EPA grant program that would help communities finance the replacement of publicly owned lead service lines, or carry out “other relevant activities” EPA determines will “identify and address conditions” contributing to increased levels of lead in drinking water. Funding would also be made available to help low-income households replace their privately owned lead service lines or interior plumbing components containing lead.
The bill reflects several suggestions AMWA made to Sen. Cardin’s staff, such as excluding funding for partial lead service line replacements and not imposing caps to limit the amount of grant assistance that could be available to directly aid low-income homeowners.
The other bill introduced by Sen. Cardin last week would attempt to quicken the pace of EPA’s revisions to the Lead and Copper Rule. S. 2587, the “Copper and Lead Evaluation and Reporting (CLEAR) Act” would direct EPA to promulgate new lead and copper regulations within 180 days, based on a standard that would keep blood lead levels below 5 micrograms per deciliter “in an average, healthy infant who consumes infant formula made with water.” Other sections of the bill would require EPA regulations directing utilities to conduct “frequent and culturally and linguistically appropriate” outreach to vulnerable populations and consumers with lead service lines. For “any community that has a lead service line,” the utility would be required to “provide a public statement of lead service line ownership.”
AMWA has identified several initial concerns to Sen. Cardin’s staff about S. 2587, such as the designation of lead service line ownership and the imposition of arbitrary rulemaking deadlines. For example, the proposed 180-day deadline may not allow time for appropriate scientific and policy evaluation, including public notification and comment, peer review(s) and other consideration/steps in the rule development process that are required under the Safe Drinking Water Act and associated, complimentary statutes.