EDF Health

Laws in states with the most lead service lines support using rates to fund replacement on private property: New analysis

Tom Neltner, J.D.Chemicals Policy Director

We found no explicit barriers to using rate funds to replace the lines on private property in the 13 we focused on. These states have an estimated 4.2 million LSLs, more than two-thirds of the nation’s total

Lead service lines (LSLs) – the lead pipes that connect a building’s plumbing to the water main under the street – are a significant source of lead in drinking water for those homes that have them. In light of the well-documented benefits to society from reducing children’s exposure to lead, there is a consensus that we need to replace the estimated six million LSLs remaining in the country. It will take time, but it needs to be done.

One challenge to this goal is how to fund replacement of the portion of the service line on private property. Because LSLs extend from under the street to a building, typically about half of the line is on public property and half is on private property. The perception among utilities has been that they do not have the legal authority to use rates paid by customers to cover the cost of replacing the portion on private property because it provides a benefit only to that property owner. This view was reinforced when the Wisconsin Public Service Commission blocked Madison from doing it, forcing the city to use other funds to complete the work. That decision from the early 2000s came before the risks of even low-level exposure to lead were well understood.

Many utilities have therefore taken to replacing only the portion of the LSL on public property when the property owner is unwilling or unable to pay to replace the portion on private property. The practice, often called “partial replacement,” is not only inefficient but can actually exacerbate residents’ exposure to lead. As evidence of the risks of even low-level exposure to lead—and of the society-wide benefits of reducing lead exposure—have mounted and the tragedy in Flint, Michigan made clear the need to replace LSLs, states like Indiana, Missouri, New Jersey, Pennsylvania and even Wisconsin, have adopted new laws or policies that have allowed funds from rates, with some limitations, to be used to replace the side on private property. Michigan has gone further and adopted rules mandating the practice, although some utilities have challenged the rule in court.

Given the funding challenge and the trends in the states, EDF partnered with the Emmett Environmental Law & Policy Clinic at Harvard Law School to review the state laws and policies in the 13 states with the most LSLs. Clinic Deputy Director Shaun Goho and law student Marcello Saenz conducted a state-by-state review of the laws, court decisions, and policies. The authors:

Found no explicit barriers to using rate funds to replace the lines on private property. These states have an estimated 4.2 million LSLs, more than two-thirds of the nation’s total. In these states, publicly-owned utilities can act pursuant to existing state legislation by determining that the practice serves a public purpose—protecting public health. Investor-owned utilities can do the same, but typically need approval of the state’s utility commission. While we have not reviewed the remaining states, we anticipate that the state laws and policies are similar to the ones we evaluated.

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Posted in EPA, Health Policy, lead, Public Health, States / Tagged , , , , , , , , , , , , , | Comments are closed

Toxic chemicals can enter food through packaging. We made a list.

Boma Brown-West, Senior Manager, Tom Neltner, Chemicals Policy Director, and Michelle Harvey, Consultant.

This is the second in a series evaluating the challenges in single-use food packaging waste.

See our list of key chemicals of concern in food packaging.

In the late 1980s, the Council of Northeast Governors (CONEG) was concerned that heavy metals in packaging would accumulate in recycled materials to levels that presented serious health concerns. The organization drafted model legislation that prohibited the intentional addition of mercury, lead, cadmium, and hexavalent chromium to any component of packaging, including inks. It also set a 100 parts-per-million limit on the total amount of these four heavy metals. To ensure compliance, companies making packaging materials had to provide certificates of compliance to downstream purchasers and report compliance to the states.

CONEG also established the Toxics in Packaging Clearinghouse to maintain the model legislation, coordinate implementation of state legislation, and serve as a resource for companies seeking compliance information. The Council’s hypothesis: protecting virgin material from contamination will improve the recyclability of post-consumer materials and protect public health.

Over the years, 19 states have adopted a variation of the model legislation.  In 2018, the State of Washington took an unprecedented step of expanding its version of the legislation from heavy metals to include per- and poly-fluorinated alkyl substances (PFAS). PFAS are bioaccumulating, persistent chemicals and are associated with an array of health problems including endocrine disruption and children’s developmental harm. The State was concerned that paper and cardboard food packaging treated with these chemicals may be contaminating composting and paper recycling processes post-consumer.

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Important insight from the organic certification approach to chemical additives in food

Tom Neltner, J.D.is Chemicals Policy Director

Since 2014, chemicals in food[1] have been consumers’ most important food safety issue, reaching a high of 35% in 2018, according to annual industry surveys by the International Food Information Council. For comparison, “foodborne illness from bacteria” was half that percent.

Food companies have responded to this growing consumer alarm by adopting policies banning artificial flavors, colors and other ingredients that sound like chemicals. This approach is unlikely to do more than serve as window dressing for the underlying problems since it’s not science-based – many of these additives may be safe. The Center for Science in the Public Interest called out this practice in its 2017 “Clean Label: Public Relations or Public Health?” report and pointed readers to its Chemical Cuisine system that rates common additives for health and safety.

There are some companies, like Panera Bread, that are taking a more systematic approach to the ingredients used in the food they sell, starting with the question of whether the additives used are essential and whether the ingredients pose health or safety concerns. As a result, the company worked closely with their suppliers and reformulated many of their products.

And now, thanks to a fascinating new report from the Environmental Working Group (EWG), we are learning about another structured approach that addresses health concerns with chemical additives – the Federal organic certification program for processed foods. To be honest, before reading the report, I viewed the organic program as narrowly focused on pesticides and was only vaguely aware of how it dealt with chemical additives. I was missing the bigger picture.

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New study: Homebuyers and renters take action when told they may have a lead service line

Tom Neltner, J.D., Chemicals Policy Director, and Lindsay McCormick, Project Manager

The Cornell/EDF study confirmed that potential buyers or renters report being much more willing to take action to replace LSLs when told they have one regardless of disclosure style. However, water testing information that shows levels below EPA’s lead action level may underestimate risk and undermine action on LSLs.

Today, EDF and collaborators at Cornell published a new study that provides insight into how disclosure policies can impact potential home-buyer and renter behavior. This effort builds on a report EDF published in 2017 grading state housing disclosure policies according to their ability to help homebuyers make informed decisions about lead service lines (LSLs) before they sign a sales contract. LSLs are pipes that connect homes to the water mains under the street and are a major source of lead in drinking water. Four states — Connecticut, Delaware, New York, and Pennsylvania — and Washington, DC scored an A-. Twenty-one states scored a D or F. The remaining 25 states scored a B or C.

Our analysis was based on a presumption that if potential homeowners are told that a home has an LSL, many would negotiate with the property owner for its removal, whether by having the seller replace it or building the cost into the mortgage to fund the buyer’s replacement. This was a reasonable presumption that underlies why sellers are required to disclose property defects and environmental hazards in many states.

However, we were interested in testing that presumption and exploring how potential homebuyers and renters might respond differently based on how the information is disclosed by a property owner or home inspector. Our objective was to evaluate disclosure styles to assess if the different styles influenced respondents’ perceived risk of the LSL in a home and willingness to act. To conduct the survey, we partnered with Jeff Niederdeppe and Hang Lu of Cornell University’s Department of Communications who recruited 2,205 participants online and gave them one of three scenarios to consider and advised them it would cost $1,000-5,000 to replace the LSL. See Figure 1 below.

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Posted in Drinking Water, Health Policy, lead / Tagged , , , | Comments are closed

$10 in benefits for every $1 invested – Minnesota estimates benefits of lead service line replacement

Tom Neltner, J.D.Chemicals Policy Director

Last week, the Minnesota Department of Health (MDH) released a report estimating that investing $4 billion in virtually eliminating lead in drinking water over 20 years would provide societal benefits of more than $8 billion. The state agency only counted the societal benefits from avoiding the loss of IQ points due to children’s exposure to lead.

Replacing lead service lines (LSLs) – the lead pipes that connect a building’s plumbing to the water main under the street – yielded the greatest benefit with an investment of $0.228 to $0.365 billion yielding $2.118 to $4.235 billion in benefits. Replacing lead fixtures and solder had a lower, but still significant, return on the investment.

Based on this analysis, MDH recommended as high priority that the state conduct an inventory of LSLs and that LSLs be removed “at a measured pace” of 20 years. It also recommended undertaking as a medium priority an awareness campaign focused on the danger of lead in drinking water to formula-fed infants younger than nine months old and as a low priority a general public information campaign to prompt homeowners and renters to take action if they have an LSL.

The agency, which includes both the state’s drinking water protection program and its lead poisoning prevention program, prepared the report in response to a provision in a state appropriations law passed in 2017. The report is important because it is the first state assessment we know of, and it reports an impressive return on the investment of more than $10 for every $1 invested in LSL replacement. For these reasons, we took a close look at the analysis and the underlying assumptions.

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A gap remains in the circular economy conversation: Toxic chemicals in packaging

Boma Brown-West, Senior Manager, Tom Neltner, Chemicals Policy Director, and Michelle Harvey, Consultant.

This is the first blog in a series evaluating the challenges associated with single-use food packaging waste.

This week Walmart joined a growing number of companies that are trying to advance the circular economy for packaging. Like previous commitments from NestleCoca-Cola and McDonald’s, Walmart is stepping up its efforts to use more recyclable packaging, incorporate more recycled content, and accelerate development of collection and recycling infrastructures. EDF has a long history fighting for greater and smarter plastics recycling, so we are pleased to see more companies working to eliminate plastic packaging waste from our environment. However, something is often missing from their statements: commitments for safer packaging free of toxic chemicals.

What defines safer packaging?

There are many facets to sustainable packaging: recyclability, reusability, lower material and energy inputs, and the avoidance of toxic chemicals.  A significant amount of virgin plastic used in packaging currently contains toxic chemical additives such as ortho-phthalates or contaminants such as heavy metals. These chemicals have been linked to diseases and health disorders, such as reproductive problems and impaired brain development. When tainted plastic packaging is reused or recycled, these toxic chemicals persist and may accumulate to worrisome levels until the packaging is retired, posing long-term threats to our health.

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