EDF Health

American Water lays out a plan for replacing lead pipes in its Indiana systems

Tom Neltner, J.D.is Chemicals Policy Director

The Indiana subsidiary of American Water Company filed a plan in January 2018 with the Indiana Utility Regulatory Commission (IURC) to fully replace lead service lines (LSLs) in the communities it serves within the next 10 to 24 years. The company estimates that 50,000 of its 300,000 customers in the state have lead pipe in a portion of the service line connecting the main under the street with the building.

The plan is the first submitted to the IURC in response to legislation enacted by the Indiana General Assembly in April 2017 and authored by Rep. Heath VanNatter. If the IURC approves the plan, the company can seek Commission approval to include LSL replacement on private property as an eligible infrastructure improvement whose costs can be covered by rates paid by customers.

With the plan, American Water is essentially embracing the goal articulated by EPA’s National Drinking Water Advisory Council and the American Water Works Association that the United States needs to eliminate LSLs. We applaud that goal and American Water’s commitment – while it will take time to achieve, people should not be drinking water through lead pipes, even with optimal corrosion control. Read More »

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Wisconsin law removes crucial barrier to lead pipe replacement

Tom Neltner, J.D.Chemicals Policy Director and Sam Lovell, Project Specialist

Yesterday, Wisconsin Governor Scott Walker signed legislation that takes an important step to replacing the 240,000 lead service lines (LSLs) in communities across the state. SB-48 allows municipalities and water utilities to provide financial assistance to property owners to replace LSLs on private property. We described the legislation in an earlier blog – and applauded the critical work of state advocates in building support for the law.

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Formaldehyde delay rule – another defeat for Trump EPA

Tom Neltner, J.D.is Chemicals Policy Director

On February 16, the Trump Administration’s Environmental Protection Agency (EPA) suffered another defeat in the courts.

In the latest case, the United States District Court for Northern California found that EPA violated the law when it gave industry a one-year delay to comply with formaldehyde emission standard for composite wood products. The standard was supposed to go into effect on December 12, 2017, one year after it was published in the Federal Register. Administrator Pruitt originally proposed a three month delay because, with the change in Administration, the agency failed to make a certification program essential to industry compliance operational, as originally planned. On September 25, 2017, the agency issued a final rule that gave a one-year extension instead, concluding that the delay “provides a balanced and reasoned timeline for importers, distributors, and regulated entities to establish compliant supply chain and comply with the [rule].” It also extended other deadlines in the rule.

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Federal court of appeals gives EPA one year to update lead-based paint standards

Tom Neltner, J.D.is Chemicals Policy Director

This week, the federal Ninth Circuit Court of Appeals directed the Environmental Protection Agency (EPA) to update its regulations defining lead-based paint and how much lead in dust represents a hazard. The court gave EPA 90 days to issue a proposed rule and one year to publish a final rule with an option to convince the court that it needs additional time. The court said the agency had unreasonably delayed action on a citizen’s petition submitted in 2009. The science showing the need for action has only become more compelling in the eight years since EPA acknowledged the shortcoming of its rules. Rather than drag out this litigation, the agency should move quickly to revise its lead-based paint hazard standards to better protect children’s health.

EPA set the dust-lead hazard standard in 2001 after determining that a child living in a home with those levels had only a 1 to 5% chance of having an elevated blood lead level (EBLL) as defined by the Centers for Disease Control and Prevention (CDC). The scientific evidence now shows that the risk is greater than previously estimated. In addition, CDC has tightened its definition of an EBLL. As a result, according to the American Academy of Pediatrics, the risk to a child of having an EBLL in a home that meets EPA’s current dust-lead hazard standard is more than 50%.

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Good news and bad news for children: FDA’s 2014 to 2016 food testing for lead

Tom Neltner, J.D.is Chemicals Policy Director and Maricel Maffini, Consultant

In Environmental Defense Fund’s June 2017 “Lead in food: A hidden health threat” report, we evaluated the Food and Drug Administration’s (FDA) publicly available data for 2003 to 2013 from its Total Diet Study (TDS). Since the 1970s, the TDS has tracked metals, pesticides, and nutrients in food. We found that 20% of baby food samples had detectable levels of lead compared to 14% for other foods. We also identified eight food types where more than 40% of samples had detectable lead. Finally, based on an analysis from EPA, we estimated that more than 1 million young children exceeded FDA’s limit for lead and that eliminating lead from food would save society an estimated $27 billion annually.

In November 2017, FDA publicly released TDS data for 2014 and 2015. And this December, the agency provided us with TDS data for 2016 in response to our Freedom of Information Act (FOIA) request. We evaluated the combined information[1] and have an update that is both good news and bad news. The good news is that the overall trends for detectable rates of lead in baby food and other food, especially in 2016, appear to be on the decline. There is a similar downward trend in apple and grape juice, especially the ones marketed as baby food. Unfortunately, there appeared to be stubbornly high rates of detectable lead in teething biscuits, arrowroot cookies, and baby food carrots and sweet potatoes.

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Children’s lead exposure: Relative contributions of various sources

Tom Neltner, J.D.is Chemicals Policy Director and Dr. Ananya Roy is Health Scientist

Last week, we noted in our blog that the Environmental Protection Agency (EPA) dropped the statement that paint, dust and soil are the most common sources of lead in its “Protect Your Family from Lead in Your Home” booklet. Property owners provide this booklet to prospective homebuyers and tenants in housing built before 1978. The change implicitly recognizes that there is no safe level of lead in the children’s blood, and we must reduce all sources of lead exposure. It also acknowledges that the relative contribution of air, water, food, soil, dust, and paint to children’s blood lead levels is complicated. Exposure varies significantly based on age of the home, the child’s race and age, the family’s income-level, and region of the country. Any simplification obscures these important differences.

EPA’s scientists made this clear in a model published earlier this year that pulled together the available data, divided children into three age categories, and assigned children in each category into ten groups based on their overall lead exposure. For each group, they estimated the relative contribution of air, water, food, and soil/dust (from paint). Not surprisingly, children living in older homes with lead-based paint hazards by far have the most exposure to lead. For 1 to 6 year olds in the top 90-100 percentile, more than 70% of the lead in their blood is from soil and dust. The contribution from food is 20% and drinking water is 10%. For infants, soil and dust contributes to 50% of the lead in blood, while 40% is from water and 10% from food.

Since there is no known safe level of lead in blood, we must do even more to reduce children's exposure to lead-contaminated soil and dust.

However, to prioritize action at a national level, it is important to understand how different sources contribute to lead exposure in the average child as well as the most-exposed child. We used the underlying EPA data to calculate the average relative source contribution of different sources to blood lead levels for infants from birth to six months old, for toddlers 1 to 2 years old, and young children from 1 to 6 years old. The results indicate that infants have a much higher source contribution of lead from water in comparison to older children (Figure 1). For the average child 1 to 6 years old, food is the largest source of lead exposure, with 50%, followed by soil/dust then water.

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