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While welcoming the "long-overdue meaningful action" on drinking water safety, one campaigner argued that "much more must be done—much faster—at no cost to impacted households."
The Biden administration's proposal to better protect drinking water nationwide was met with sweeping applause on Thursday, but at least one consumer advocacy group stressed that the U.S. Environmental Protection Agency policy is "still not enough."
With its proposed changes to the Lead and Copper Rule, the administration aims to replace all lead water service lines in the United States within a decade, according to the EPA. There are also provisions intended to locate legacy lead pipes, improve tap sampling, lower the lead action level, and strengthen protections to reduce exposure.
Food & Water Watch Public Water for All director Mary Grant said that "the federal government has already waited far too long to require the elimination of these toxic lead water pipes, which poisoned the water in communities across the country," from Flint, Michigan and Jackson, Mississippi to Newark, New Jersey and Washington, D.C.
"The Biden administration has proposed long-overdue meaningful action toward the goal of eliminating lead from drinking water, but to ensure that every community has safe, lead-free water, much more must be done—much faster—at no cost to impacted households," she asserted.
Grant praised "agitators who emerged from... water contamination fights" and called on Congress to "step up to provide funding to replace the entire service line at no cost to impacted households, prioritizing low-income and environmental justice communities."
The Infrastructure Investment and Jobs Act, signed by President Joe Biden two years ago, "provided a $15 billion downpayment on this overhaul, but the total cost could exceed $60 billion," she pointed out, urging Congress to pass the Water Affordability, Transparency, Equity, and Reliability (WATER) Act.
"In a moment when many of us feel overwhelmed by bad news, the EPA's lead rule provides a ray of hope."
While additional steps are clearly needed, impacted communities and other campaigners still welcomed the progress on Thursday.
"Communities like ours... have grappled with the repercussions of lead contamination for too long," said Deborah Brown, a steering committee member of Newburgh Clean Water Project in New York. "The proposed improvements, especially the replacement of all lead service lines, signify a significant stride to safe and clean drinking water for our families and future generations. It's a step in the right direction."
Earthjustice attorney Suzanne Novak—whose legal group has represented the Newburgh Clean Water Project—said that "the EPA's proposed improvements to the Lead and Copper Rule are a much-needed response to a dire public health crisis that's been ongoing for more than a century."
"The administration's proposal takes important steps towards fulfilling the Safe Drinking Water Act's purpose of protecting human health to the extent feasible," Novak continued. "EPA has recognized that quick removal of all lead service lines is imperative, and that swift action is needed when a community has persistent high levels of lead in its water."
"Because the public health burden of lead exposure falls disproportionately on environmental justice communities," she emphasized, "we need to make sure that the final rule is equitable in how it achieves reduction of lead in drinking water across the country."
The Natural Resources Defense Council (NRDC) noted "apparent weaknesses" of the proposal, including that "water systems are not required to pay for the lead service line replacement," utilities could get extensions beyond the 10-year deadline, and the action level reduction from 15 parts per billion to 10 ppb "is less strict than the 5 ppb standards recommended by health experts and the governments in Canada and Europe."
Still, Erik Olson, senior strategic director for health at NRDC, said that "in a moment when many of us feel overwhelmed by bad news, the EPA's lead rule provides a ray of hope that we are approaching the day when every family can trust that the water from their kitchen tap is safe, regardless of how much money they have or their ZIP code."
Environmental Working Group senior vice president for government affairs Scott Faber also praised the progress, saying that "once again, President Biden's EPA is putting our families first and honoring his commitments to the American people."
The campaigner also highlighted the need to better protect communities whose drinking water is contaminated with per- and polyfluoroalkyl substances (PFAS), chemicals used in various products that persist in the environment and human body and are connected to health problems including cancers.
Biden's EPA proposed the first-ever national drinking water standard for PFAS in March. Faber said Thursday that "we're confident he will also make good on his commitment to finalize a drinking water standard for the toxic 'forever chemicals.'"
"President Biden should have never appointed an investment banker to chair an advisory council for the nation's infrastructure," said one advocate.
An under-the-radar report by U.S. President Joe Biden's National Infrastructure Advisory Council should not go unnoticed, said the national watchdog Food & Water Watch on Thursday, as buried in the document is a call for the privatization of U.S. water systems, which progressive lawmakers and civil society groups have long opposed.
On page 15 of the 38-page report, the advisory council said the federal government should "remove barriers to privatization, concessions, and other nontraditional models of funding community water systems in conjunction with each state's development of best practice."
Food & Water Watch (FWW) suggested that the recommendation goes hand in hand with the panel chairmanship of Adebayo Ogunlesi, who is the chairman and CEO of Global Infrastructure Partners (GIP).
GIP is "an infrastructure investment bank with an estimated $100 billion in assets under management that targets energy, transportation, digital, and water infrastructure," said FWW, making the takeover of public water and wastewater utilities by a private corporation—often under the guise of improving aging systems and lowering costs—financially beneficial for the bank.
"Instead of relying on Wall Street advisers, President Biden should support policies that will truly help communities."
Mary Grant, Public Water for All campaign director at FWW, called the recommendation "a terrible idea."
"President Biden should have never appointed an investment banker to chair an advisory council for the nation's infrastructure," said Grant. "Wall Street wants to take control of the nation's public water systems to wring profits from communities that are already struggling with unaffordable water bills and toxic water."
FWW has analyzed water privatization schemes for years, finding that they it often leave communities "with higher water bills, worse service, job losses, and little control to fix these problems."
A 2018 report by the group titledAmerica's Secret Water Crisisfound that out of 11 privatized water utilities across the U.S., all but one refused to provide data about shutoffs for nonpayment. The group's 2011 brief Water = Lifeshowed that low-income households are disproportionately affected by water price hikes by private owners, as privatization turns a resource recognized by the United Nations as an "essential human right" into a commodity.
"Privatization would deepen the nation's water crises, leading to higher water bills and less accountable and transparent services," said Grant. "Privately owned water systems charge 59% more than local government systems, and private ownership is the single largest factor associated with higher water bills—more than aging infrastructure or drought."
Grant noted that the Bipartisan Infrastructure Law passed in 2021 was "a step forward" as it invested $55 billion to expand water infrastructure, but pointed out that "it provided only about 7% of the identified needs of our water systems."
"Instead of relying on Wall Street advisers, President Biden should support policies that will truly help communities by asking Congress to pass the Water Affordability, Transparency, Equity, and Reliability (WATER) Act (H.R. 1729, S. 938)," she added.
Introduced in 2021 by Reps. Ro Khanna (D-Calif.) and Brenda Lawrence (D-Mich.) in the U.S. House and Sen. Bernie Sanders (I-Vt.) in the Senate, the WATER Act would expand funding to small, rural, and Indigenous communities; create a water trust fund; fund projects to eliminate per- and polyfluoroalkyl substances, or PFAS, contamination; and require the Environmental Protection Agency to analyze water affordability, shutoffs, and civil rights violations by water utilities, among other steps to improve public water access.
"The WATER Act," said Grant, "would fully restore the federal commitment to safe water by providing a permanent source of federal funding at the level that our water and wastewater systems need to ensure safe, clean, and affordable public water for all."