Selected category: Regulation

California requires replacement of all lead service lines – but vigilance needed on implementation

Tom Neltner, J.D.is Chemicals Policy Director

In 2016, California became the first state in the country to make enforceable commitments to eliminating all lead service lines (LSLs) in the state.  These lead pipes that connect the main under the street to homes are the primary source of lead in drinking water and unpredictably release lead particulate when disturbed.  Under the leadership of Senator Connie Leyva, the state’s Senate voted unanimously, and the Assembly voted 72 to 7 to pass SB1398 to require drinking water utilities to inventory LSLs in use and then provide the State Water Resources Control Board (Water Board) a timeline for replacement of the lines.

Based on a national survey of utilities, the American Water Works Association reported that California has 65,000 LSLs out of 6.1 million nationally.  Large utilities have the most with 46,000 LSLs, medium systems have 4,700 and small systems have 15,000.  However, most utilities do not have an accurate inventory of LSLs, so the true number may be much greater.

California’s SB1398 recognized that an accurate inventory was critical and laid out a thoughtful two-step plan to accomplish the objective of full LSL replacement.  By July 1, 2018, it requires public water systems (PWS) to submit an inventory of known LSLs and a timeline for their replacement.  Two years later, PWSs must submit an updated inventory of LSLs and provide a timeline to replace any service line where it may be made of lead.  The law does not set a deadline for replacement that PWSs must meet.

This two-step approach makes replacing known LSLs the highest priority and, by essentially presuming that a service line is lead unless known otherwise, also creates an incentive for PWSs to develop accurate inventories in the next three years.

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Also posted in Drinking Water, EPA, lead, States| Tagged , , , , , , , | Leave a comment

On a roll: EPA proposes to ban or restrict two highly toxic paint stripping chemicals

Lindsay McCormick is a Project Manager.  

Yesterday, EPA proposed a rule to ban methylene chloride and either ban or restrict the use of N-methylpyrrolidone in paint stripping products, subject to certain national security exemptions. This proposal is the third such proposed action by the agency in the past month (see here and here). Below, find a short description of these chemicals and EPA’s proposed actions.

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Also posted in EPA, Health Policy, TSCA Reform| Tagged | Leave a comment

With draft report, EPA takes major step to help communities assess risks from lead in drinking water

Tom Neltner, J.D.is Chemicals Policy Director

Communities around the country are testing their water for lead. But when they get the results, parents, public health officials, housing agencies and school officials have little guidance about what the number means and what actions to take or priorities to set. For lead in dust and soil in homes, child-care and schools, they have health-based numbers that serve as benchmarks for assessing risk. There is no such benchmark for drinking water. As a result, many are using the “Lead Action Level” of 15 parts per billion (ppb) as a surrogate. Yet, this level is based on the effectiveness of corrosion control; it has no relation to the associated health risks of lead exposure.

Yesterday, the Environmental Protection Agency (EPA) helped fill the void by releasing a draft report that provides three different approaches to setting a scientifically-robust “health-based benchmark” for lead in drinking water. The agency is seeking public comment on the draft and will convene a panel of scientific experts to consider each of the approaches.

The report is a critical step in implementing the recommendations of the agency’s National Drinking Water Advisory Council (NDWAC) which called for this type of health-based benchmark as part of an overhaul of the Lead and Copper Rule. The agency went a step further and provides alternatives to consider. We applaud EPA for its action and its rigorous, scientific analysis.

Accounting for the various models and assumptions, EPA developed a range of potential health-based benchmarks that range from 3 to 56 ppb of lead in water that people actually drink. However, you cannot readily compare these values to the typical water testing results reported by utilities or schools. Those tests are based on the first draw of water that has been sitting in the faucet and plumbing overnight and do not necessarily reflect what people drink over the course of a day. Later samples would likely be lower but could be higher if the building has a lead service line, especially if the line has been disturbed. Read More »

Also posted in Drinking Water, Health Science, lead, Uncategorized| Tagged , , , , , | 2 Responses

At last: EPA promulgates nanomaterial reporting rule

Richard Denison, Ph.D.is a Lead Senior Scientist. Lindsay McCormick is a Project Manager.  

nanomaterial-infographic

Today, EPA issued its long-awaited rule to gather risk-relevant information on nanoscale materials. The new rule will finally allow EPA to obtain basic data on use, exposure, and hazards from those that manufacture or process these materials, which has long been recognized by experts as essential to understand and manage their potential risks.

Nanomaterials – a diverse category of materials defined mainly by their small size – often exhibit unique properties that can allow for novel applications but also have the potential to negatively impact our health and the environment.  Some nanomaterials:  more easily penetrate biological barriers than do their bulk counterparts; exhibit toxic effects on the nervous, cardiovascular, pulmonary, and reproductive systems; or have antibacterial properties that may negatively impact ecosystems or lead to resistance.

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Also posted in Emerging Science, EPA, Nanotechnology| Leave a comment

FDA finds more perchlorate in more food, especially bologna, salami and rice cereal

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

Last month, the Food and Drug Administration’s (FDA) scientists published a study showing significant increases in perchlorate contamination in food sampled from 2008 and 2012 compared to levels sampled from 2003 to 2006. The amount of perchlorate in foods infants and toddlers eat went up 34% and 23% respectively. Virtually all types of food had measurable levels of perchlorate, up from 74%. These increases are important because perchlorate threatens fetal and child brain development. As we noted last month, one in five pregnant women are already at great risk from any perchlorate exposure. The FDA study doesn’t explain the increase in perchlorate contamination. Yet, it’s important to note that there is one known factor that did change in this time period: FDA allowed perchlorate to be added to plastic packaging.

Reported perchlorate levels in food varied widely, suggesting that how the food was processed may have made a significant difference. The increase in three foods jumped out to me:

  • Bologna: At a shocking 1,557 micrograms of perchlorate per kilogram (µg/kg), this lunchmeat had by far the highest levels. Another sample had the fifth highest levels at 395 µg/kg. Yet a quarter of the other bologna samples had no measurable perchlorate. Previously, FDA reported levels below 10 µg/kg.
  • Salami: One sample had 686 µg/kg giving it a third ranking. Other samples showed much lower levels and six of the 20 had no detectable levels of perchlorate. Previously, FDA reported levels below 7 µg/kg.
  • Rice Cereal for Babies: Among baby foods, prepared dry rice cereal had the two highest levels with 173 and 98 µg/kg. Yet, 15 of the 20 samples had non-detectable levels of perchlorate. Previously, FDA reported levels less than 1 µg/kg.

The increases are disturbing in light of the threat posed by perchlorate to children’s brain development and the emerging science showing the risk at lower levels is greater than thought a decade ago. The risk is particularly significant for children in those families loyal to those brands with high levels. Unfortunately, FDA’s study does not identify the brand of food tested. Read More »

Also posted in Emerging Science, FDA, Food, Health Policy, perchlorate| Tagged , , , , , , , | Leave a comment

Cincinnati and Ohio show leadership in identifying and disclosing lead service lines

Tom Neltner, J.D.is Chemicals Policy Director

Transparency is an essential aspect of any successful program to reduce lead in drinking water. Knowing if you have a lead service line (LSL)—the pipe that connects the main under the street to the building—can help you decide whether to use a filter or replace the line. If you are looking for a home to rent or buy, the presence of a LSL can be a factor in your choice. Transparency can also help reassure consumers that their utility is aware of the problem and committed to protecting their health. The challenge for many water suppliers is that they often don’t have perfect information about the presence of LSLs. But incomplete information is not a reason for failing to disclose what is known, what is uncertain, and what is unknown.

In a February 29, 2016 letter to the states, U.S. Environmental Protection Agency (US EPA) asked states to increase transparency by posting on either the state's website or have it posted on local utilities' websites:

“the materials inventory that systems were required to complete under the [Lead and Copper Rule] including the locations of lead service lines [LSLs], together with any more updated inventory or map of lead service lines and lead plumbing in the system.”

In response to this letter and systemic issues brought to light about lead in drinking water in the village of Sebring, Ohio and Flint, Michigan, the State of Ohio enacted pragmatic legislation crafted by Governor John Kasich’s administration and the Ohio Environmental Protection Agency (Ohio EPA). Among its supporters was the Ohio Environmental Council. One provision in the law requires community water systems to

“identify and map areas of their system that are known or are likely to contain lead service lines and identify characteristics of buildings served by the system that may contain lead piping, solder, or fixtures . . .”

Utilities must submit the information to Ohio EPA as well as the departments of Health and of Job and Family Services by March 9, 2017 and update this information every five years.

Read More »

Also posted in Drinking Water, lead, States| Tagged , , , , , , , | 2 Responses
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