EDF Health

EPA’s three new service line notices: Critical to transparency and accelerating lead pipe replacement

Tom Neltner, J.D. is the Chemicals Policy Director

This is the second in a series of blogs evaluating various aspects of EPA’s December 2020 revisions to the Lead and Copper Rule (LCR) and what they may mean for accelerating lead service line (LSL) replacements. The blogs cover: 1) new service line inventory; 2) three new LSL notices; 3) environmental justice implications; 4) communicating health effects of lead; 5) economic implications; and 6) sampling and trigger/action level.

Note that President Biden’s Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis directs agencies to review the former administration’s regulations and actions, including the Lead and Copper Rule. 

Three new notices required by the revised LCR from water systems to people with known or potential LSLs provide critical opportunities to build public support for LSL replacement by helping individuals better understand their situation and specific actions they should take. However, we recognize that, like all notices, many people may simply ignore them, especially if only delivered as an insert to a monthly or quarterly bill. We anticipate that notices will be most effective when coupled with broader outreach efforts and requirements that property owners share the notice with potential buyers and tenants.

As explained in a previous blog on the new service line inventories, water systems must assign all service lines to one of four categories. The rule treats three categories – “Lead,” “Galvanized Requiring Replacement,” and “Lead Status Unknown” – as known or potential service lines containing lead. People receiving water from a service line in any of these three categories must receive three new types of notices designed to prompt them to take steps to address the risk of lead in their drinking water pursuant to 40 CFR § 141.85(e) to (g). The three types of notices are:

  1. An annual notice;
  2. A notice of disturbance to service line; and
  3. A notice if trigger or action levels exceeded.

Read More »

Also posted in Drinking Water, Health Policy, lead, Public Health, Regulation, States / Tagged , , , | Leave a comment

EPA’s new service line inventory: The good, the bad, and the absurd

Tom Neltner, J.D. is the Chemicals Policy Director

This is the first in a series of blogs evaluating various aspects of EPA’s December 2020 revisions to the Lead and Copper Rule (LCR) and what they may mean for accelerating lead service line (LSL) replacements. The blogs cover: 1) the new service line inventory; 2) three new LSL notices; 3) environmental justice implications; 4) communicating health effects of lead; 5) economic implications; and 6) sampling and trigger/action level. 

Note that President Biden’s Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis directs agencies to review the former administration’s regulations and actions, including the Lead and Copper Rule. 

The backbone of the revised LCR is a new service line inventory[1] that all public water systems, whether large or small, rural or urban, must develop by January 2024 unless they can demonstrate that they have no LSLs. If properly designed and implemented, the inventory should transform how utilities, communities and states approach LSLs by moving from rough estimates to a data-driven approach that allows water systems to identify what is known and not known about the service lines, communicate that information to the public, and establish LSL replacement priorities.

Unfortunately, EPA has included an unfortunate and absurd new detail in the inventory that requires systems to categorize service lines that contain a two-foot piece of lead pipe, often known as a gooseneck, as “Non-lead.” We anticipate that the absurdity of calling a lead pipe “Non-lead” will undermine the inventory’s credibility and effectiveness.

What is the new service line inventory and how is it used?

By March 2024, water systems must submit a service line inventory to the state and make it publicly accessible pursuant to 40 CFR § 141.84(a). To develop the inventory, they must assign all service lines, regardless of ownership, for the portions on public or private property to one of four categories:

  1. Lead: where a portion of the service line is made of lead (excluding lead connectors, such as goosenecks, as explained below). We presume this includes lead-lined pipe.
  2. Galvanized Requiring Replacement: where a portion of the service line is galvanized iron or steel.[2] If the system can determine that the galvanized pipe was never downstream of an LSL (or lead connector, such as a gooseneck[3]), then it is essentially a galvanized pipe not requiring replacement and can be categorized as “Non-lead.”
  3. Non-lead: where the line is determined not to be “Lead” or “Galvanized Requiring Replacement” (see discussion below for lead connectors). Our understanding is that systems could assume service lines installed after the 1986 federal ban on lead pipe are “Non-Lead.”
  4. Lead Status Unknown: where it has not been determined if the service line met the SDWA Section 1417 definition of “Lead-free” at 42 U.S.C. § 300g-6. We presume this means that solder or flux must be less than 0.2% lead and other wetted surfaces must be less than 8% from 1986 to 2013 and less than 0.25% for 2014 to present.[4]

Under these requirements, a service line is classified as an LSL if it is in the “Lead” or “Galvanized Requiring Replacement” categories.[5]

Read More »

Also posted in Drinking Water, Health Policy, lead, Regulation, States / Tagged , , , , | Leave a comment

EDF statement: Trump EPA’s withdrawal of proposed bans on dangerous uses of three chemicals is shameful

Decision epitomizes administration’s disdain for public health protection

(Washington, DC – January 14, 2021) Tomorrow, the Trump EPA will announce the formal withdrawal of proposed bans on high-risk uses of the dangerous chemicals methylene chloride, trichloroethylene, and N-methylpyrrolidone. By taking this action, the Trump EPA seeks to prevent the new administration from finalizing any of these bans without starting the process over.

“It appears that blocking these bans and denying crucial protections to workers and consumers for four years was not enough for the Trump EPA. This shameful move that epitomizes the Trump EPA’s concerted attacks on public health is a transparent attempt to further constrain the incoming administration. It is yet another stain on Mr. Wheeler’s dismal record,” said Dr. Richard Denison, Lead Senior Scientist, EDF Health. “We are counting down the days until the EPA’s decisions, once again, reflect its mission to protect health and the environment.”

Background:

Read More »

Also posted in Health Policy, Industry Influence, Regulation, TSCA Reform / Tagged , , | Leave a comment

Haste makes waste: The Trump EPA’s 1,4-dioxane supplement may be its shoddiest TSCA work yet

Richard Denison, Ph.D.is a Lead Senior Scientist.

Yesterday EDF submitted comments on a supplement to EPA’s 1,4-dioxane risk evaluation under the Toxic Substances Control Act (TSCA), which the agency issued a scant three weeks ago.

This solvent is a likely human carcinogen that contaminates drinking water nationwide and is present in millions of consumer products.

What EPA left out of its analysis swallows what it included.

The supplement expands the scope of EPA’s ongoing risk evaluation of 1,4-dioxane.  It now includes certain water exposures and certain exposures of consumers to products in which the chemical is present as a contaminant (more technically, a “byproduct”).

EPA rushed the public comment period, providing only 20 days and refusing requests from at least 14 organizations for an extension.  The agency also cut out another vital step in the process – peer review –in violation of its own rules for how risk evaluations are to be conducted.

But that wasn’t the only thing EPA rushed.  The Supplement itself was an 11th-hour affair, done mainly to appease a hypocritical demand from the formulated chemical products industry.

The haste with which it was assembled badly shows.  The additional exposures EPA examined are so narrowly constructed as to omit major, and potentially the largest, sources of exposure and risk people face from the presence of 1,4-dioxane in water and products.

And what EPA left out of its analysis swallows what it included.  Read More »

Also posted in Health Policy, Health Science, Regulation, TSCA Reform, Worker Safety / Tagged , | Comments are closed

A tale of two public comment extension requests: How they fared under the Trump EPA

Richard Denison, Ph.D.is a Lead Senior Scientist.

In recent weeks EPA has issued for public comment significant modifications to its draft risk evaluations under the Toxic Substances Control Act for two chemicals:  Pigment Violet 29 (PV29) and 1,4-dioxane.  Because EPA initially provided relatively brief comment periods on the modifications, both were subject to requests for extensions of the comment period.

The table below tells the story of how these two requests fared under the Trump EPA.  Read More »

Also posted in Health Policy, Industry Influence, TSCA Reform / Tagged , | Comments are closed

EPA’s final risk evaluation of trichloroethylene is scientifically flawed and understates risks to workers, the general public and those most susceptible

Jennifer McPartland, Ph.D., is a Senior Scientist.  Richard Denison, Ph.D.is a Lead Senior Scientist.

Today the Trump Environmental Protection Agency (EPA) issued its final risk evaluation for trichloroethylene (TCE).  It largely tracks the agency’s draft document, retaining numerous flaws that severely understate the highly toxic chemical’s risks to workers, the general public and those most susceptible to its health impacts.

Among the evaluation’s most serious deficiencies is the abandonment of a bedrock principle of chemical risk assessment: that risk estimates be based on the most sensitive health effect.  Sadly, the final document retains the unprotective approach the Trump White House forced EPA to adopt, as reported in detail by Elizabeth Shogren of Reveal News.

Exposure to TCE is ubiquitous, coming from ambient and indoor air, vapor intrusion from contaminated sites, groundwater and drinking water wells, and food – yet EPA’s evaluation ignores or downplays each of these exposure sources and pathways.

Below we summarize some of the major concerns in EPA’s evaluation that we addressed in detail in our comments.

One silver lining:  Despite its glaring deficiencies, the risk evaluation did find that the great majority of TCE’s conditions of use present unreasonable risks—even as it grossly understated the extent of those risks.  As a result, EPA must now proceed to regulate those activities, providing the new Administration an opportunity to rectify the serious problems created by the Trump EPA.  Read More »

Also posted in Health Policy, Health Science, Industry Influence, TSCA Reform / Tagged , | Comments are closed