EDF Health

State legislation requires replacement of ¼ of the country’s lead pipes

Tom Neltner, Chemicals Policy Director

With the recent passage of excellent legislation in Illinois and New Jersey, one out of every four of the nation’s lead service lines (LSLs) is on a mandatory schedule to be fully replaced, with strict limits on partial replacement in the interim. These states now join Michigan in leading the way on replacing lead pipes– made all the more important because they have some of the highest numbers of LSLs in the country.

Both the Illinois and New Jersey laws[1] were the result of extensive negotiations between stakeholders and were passed with broad bipartisan support. We applaud the bill sponsors and the advocacy organizations that made it happen.

The most significant difference between the three state policies is their deadlines for utilities to fully replace the LSLs:

  • Illinois: range of 15 years to 50 years depending on a given utility’s number of LSLs.
  • New Jersey: 10-year deadline with an option to extend to 15 years
  • Michigan: 20-year deadline.

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Heart disease and adult lead exposure – the evidence grows more compelling

Tom Neltner, J.D.is Chemicals Policy Director

Two recent articles add to the already strong evidence that adult exposure to relatively low levels of lead is associated with heart disease, the leading cause of death in the United States, after COVID-19. These studies reinforce the urgent need to reduce not only children’s exposure to lead but also adult exposure through regulatory action.

A February 2021 Environmental Health Perspectives article found that blood lead levels were positively associated with prevalence of moderate to severe coronary artery stenosis (CAS), the narrowing of at least 25% of these vital arteries to the heart. The researchers studied a cohort of 2,000 Korean adults studied with no history of CAS, cardiovascular disease (CVD), or occupational exposure to lead. The vast majority of their blood lead levels were below the U.S. Center of Disease Control’s (CDC) reference level.[1] The researchers found that he severity of CAS is an important predictor for life threatening cardiovascular disease, even after adjusting for factors such as age, sex, hypertension, body mass index, regular exercise, smoking, and alcohol drinking.[2]

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Momentum is building to fund lead pipe replacement across the country: New video

Joanna Slaney, Legislative Director and Sam Lovell, Communications Manager. 

As Congress pursues infrastructure legislation, it’s clear that replacing lead pipes is a priority issue. This is welcome news for our health, the country’s infrastructure, and the economy. We are glad to see the attention on this issue from Congress and from the Administration with the inclusion of funding to fully replace lead pipes in the President’s American Jobs Plan.

And it’s no wonder there is growing interest in this initiative, the latest polling from the Navigator shows support for funding lead pipe replacement at 83% nationally – including 73% of Republicans, 80% of Independents, and 91% of Democrats. This echoes earlier polls which have found similar overwhelming bipartisan support

As EDF has written before, a $45 billion investment in lead pipe replacement over ten years would:

  • Protect public health by enabling water systems around the country to quickly begin eliminating the LSLs to protect residents.
  • More than pay for itself. Fully replacing lead service lines across the country would yield more than $205 billion in societal benefits over 35 years — a 450% return on the investment – due to prevented heart disease deaths from adult lead exposure.
  • Permanently upgrade infrastructure by facilitating critical upgrades to water distribution systems in a way that protects residents from increased lead in their drinking water when the LSL is disturbed.
  • Reduce disparities by enabling utilities to fully replace LSLs, thereby resolving equity concerns that utilities currently face in replacing the lead pipe on private property.
  • Create jobs for the plumbers and contractors who will perform the LSL replacements. This is shovel-ready work that involves construction and plumbing crews conducting the replacement.

With bills in both the House and the Senate focusing on funding lead pipe replacement, it’s important we keep pushing to ensure the federal government follows through on getting the lead out of our drinking water. 

See EDF’s new video that explains why lead service line replacement is important, and why it’s a no-brainer for the federal government to invest in.

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The fight to end lead poisoning in Rhode Island: A conversation with Laura Brion

The most common causes of lead poisoning in children in the US are lead-based paint and contaminated dust, which are mainly found in older housing. When present, lead pipes also present the single largest source of lead exposure through water. In Rhode Island, an estimated 80% of the housing was built before 1978, meaning it’s more likely to have lead-based paint hazards and lead pipes and put families, especially children, living in the homes at risk.

The Childhood Lead Action Project was founded in 1992 to take on this challenge, with the mission of eliminating childhood lead poisoning in Rhode Island through education, parent support, and advocacy. The organization does it all: workshops and educational outreach for a wide range of audiences, municipal and state-level advocacy to push proactive policies, grassroots campaigning, and more.

I sat down with Laura Brion, who started as a community organizer with the Childhood Lead Action Project and is now the Executive Director, to learn about her journey into the lead poisoning prevention world and what she sees ahead for her organization’s and community’s fight.   

This interview has been edited for clarity and brevity. 

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A consequential day in the effort to prevent lead poisoning

Tom Neltner, J.D.is Chemicals Policy Director

Lead poisoning prevention advocates should mark May 14, 2021 as a consequential day in our collective efforts to protect public health. Last week, two decisions and a preliminary report were issued that lay a solid foundation for further progress. When translated into action, the decisions and report should result in significantly reduced lead exposure for children. These developments were:

  • A court ruling on lead-based paint hazard standards: The U.S. Court of Appeals for the Ninth Circuit directed the Environmental Protection Agency (EPA) to reconsider – and most likely tighten – the agency’s 2019 revisions to its lead-based paint (LBP) hazard standard that define the levels of lead in paint, dust, and soil that are dangerous. The current standards remain in place until EPA revises them to comply with the law and the court’s order. This decision has significant implications for home renovations, real estate disclosures, lead cleanups, and homeowner testing. This welcome step toward stronger protections for children was only possible thanks to Earthjustice and the petitioners that challenged EPA’s flawed rule.
  • Lowered federal elevated blood lead level: The Centers for Disease Control and Prevention’s (CDC) Lead Exposure and Prevention Advisory Committee (LEPAC) unanimously recommended that the agency lower its blood lead reference level (aka “elevated blood lead level” or EBLL) from 5 micrograms per deciliter (µg/dL) of lead in young children’s blood to 3.5 µg/dL. CDC appears ready to act on the recommendation. When it does, the decision will have significant implications for state and local health and housing agencies reacting to blood lead testing results for at-risk children and for action levels for lead in food.
  • New national survey of lead-based paint hazards: The U.S. Department of Housing and Urban Development (HUD) presented to LEPAC the preliminary results of its American Healthy Homes Survey II (AHHS-II), a long-overdue update to its 2006 survey. This survey of lead-based paint hazards serves as the basis for federal agencies to set priorities, assess impacts of policy decisions, and track progress. The results of samples taken in 2018-19 shows modest but significant progress across many demographics including African American households, government-supported households, and households in poverty – most likely an indication that the federal investment to fix low-income housing is paying off.

These actions put added urgency to President Biden’s America Jobs Plan that includes $45 billion in federal funding to fully replace the nation’s 9 million lead service lines and $213 billion for housing – both critical aspects of our nation’s infrastructure that need a lead poisoning prevention-oriented upgrade. We encourage Congress to provide at least $19 billion as part of an investment in housing to reduce lead-based paint hazards in pre-1940 housing, especially by replacing old, single-pane windows to get the combined benefits of safer and more energy efficient homes.

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California water utilities fear the unknown when it comes to lead service lines

Tom Neltner, Chemicals Policy Director.

Last month, two California trade associations submitted disconcerting comments to the Environmental Protection Agency (EPA) as the agency considers what to do with the revised Lead and Copper Rule (LCR) published in the waning days of the Trump Administration. The associations – the Association of California Water Agencies (ACWA) and the California Municipal Utilities Association (CMUA) – represent 90% of the state’s drinking water utilities.

The trade associations are asking EPA to allow water utilities to tell the agency, the state, their customers, and the public that they have no lead service lines (LSLs) even when they know it may well be false. This would seriously undermine one of the most important positive aspects of the revised LCR – the service line inventory. California’s unusual definition of a “user service line” has been a long-running problem: it does not include the portion of the service line on private property. This definition is narrower than the federal one – and even the state’s definition of an LSL that has been in place for more than a quarter century.

Under EPA’s revised LCR, utilities can only claim that they have no LSLs – and thus avoid the need to comply with the rule’s more protective sampling and corrosion control requirements for systems with LSLs – if they are confident there are no LSLs based the entire length of the service line, including the portion on private property. The two state trade associations are asking EPA to put the burden of determining the composition of this portion of the service line entirely on the customer, allowing a utility to ignore a lead pipe if the customer does not provide the information. This approach will render the inventory effectively useless and misleading.

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