EDF Health

EDF submits comments on Oregon’s proposed rules for lead testing in child care centers

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

EDF recently submitted comments to the Oregon Department of Education’s Early Learning Division regarding the state’s proposed rules for lead testing for water in licensed and regulated child care centers.

Children are particularly vulnerable to lead exposure: even very low blood lead levels can impair normal brain development, contribute to learning and behavioral problems and lower IQs.

While national attention on lead in drinking water has spurred action to address lead in schools, fewer states have addressed lead in water in child care settings – even though these centers serve children at their most vulnerable ages.

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Dourson emails show he was paid by and worked closely with ACC when providing states “advice” on chemicals made by ACC members

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

[Use this link to see all of our posts on Dourson.]

I blogged last week about how a trove of emails recently released by the New York Times shines a light on the cozy relationship between Michael Dourson, who just withdrew his nomination to run the Environmental Protection Agency’s (EPA) toxics office, and the American Chemistry Council (ACC), the main chemical industry trade association. 

Dourson email to ACC staffer: "We should talk while I am still able to do so directly. I am not sure what limitations I will have with outside groups."

You might ask why I’m blogging again about these emails.  It’s because they provide a rare and fascinating inside look at how – and how closely – paid consultants, who often tout themselves to the public and state and federal agencies as independent and objective arbiters of sound science, work with industry.  In this post I’ll describe what the emails tell us about Dourson’s work with state governments – and point to a “Bcc” in one of those emails that raises a big red flag.   Read More »

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Pennsylvania empowers municipalities to replace lead service lines

Pennsylvania was already one of the 11 states taking proactive efforts to support LSL replacement since 2015. HB-674 expands that effort.  Check our website for what states and communities are doing.

Tom Neltner, J.D.is Chemicals Policy Director

In October 2017, the Pennsylvania General Assembly passed and Governor Wolf signed HB-674 which implements the State’s 2017-18 budget. Section 1719-E of the law includes a provision empowering municipal authorities to replace or remediate private water and sewer laterals if the municipality determines the work “will benefit the public health.” Read More »

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Wisconsin on the verge of taking an important step to replacing its lead pipes

Tom Neltner, J.D.is Chemicals Policy Director

In 2012, Madison, Wisconsin became the first city in the country to fully eliminate its lead service lines (LSLs), the lead pipes that connect the drinking water main under the street to interior plumbing. The project to replace its 8,000 known LSLs began in 2000. The City’s effort is a model of persistence and common sense as it overcame many barriers including challenges with the Public Service Commission of Wisconsin (PSC).

The PSC blocked the use of rates paid by customers to fund replacement of lead pipes on private property. The PSC, whose mission is to ensure adequate and reasonably priced water service, was concerned that customers without LSLs would be subsidizing improvements to the property of those with LSLs. Unlike most state commissions which are responsible for utilities operated by private companies, PSC approves rates for municipal and private utilities. Eventually, Madison used a different source of funding for its $15.5 million LSL replacement program.

Currently, the Wisconsin State Legislature is on the cusp of passing legislation to remove this barrier faced by Madison and empower communities to better protect residents from lead in drinking water. SB-48, introduced by Senator Cowles (R-Green Bay) and co-sponsored by Representative Thiesfeld (R-Fond du Lac), has passed both chambers. When the legislature returns to session in January 2018, they will need to resolve a difference between the two versions regarding the maximum amount of financial assistance allowed to homeowners. To hear from both authors on the legislation, check out the webinar from the National Conference of State Legislatures regarding financing options for replacing LSLs.

With passage of the legislation, Wisconsin would be the fourth state to pass essential legislation empowering communities to replace LSLs, using rates paid by consumers, joining Indiana, and Pennsylvania. They are among 12 states that have adopted administrative or legislative policies to support community LSL replacement.  These states have an estimated 3.3 million of the nation’s 6.1 million LSLs.

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Eleven states support community lead pipe replacement with proactive policies

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

The largest source of lead in drinking water is lead service lines (LSLs) – the lead pipes connecting the water main under the street to homes and other buildings. Across the country, three dozen communities, large and small, are taking steps to protect public health and respond to concerns by replacing LSLs.

States play an essential role in helping or hindering progress by communities to replace LSLs by administering EPA drinking water rules, distributing federal funded loans, and approving rates some utilities charge customers.

We identified 11 states with proactive policies supporting community efforts to replace LSLs. These states have almost 3 million LSLs based on a 2016 estimate by the American Water Works Association: just short of half the nation’s LSLs. The 11 states are making a positive difference by:

A cross section of lead pipes. Photo Credit: Georgia Health News

  • Empowering communities with grants like Wisconsin, Virginia, Vermont, and New York have done;
  • Providing options to use rate funds like Indiana and Pennsylvania have done;
  • Requiring inventories of LSLs like Illinois, California, Washington, Indiana, and Ohio have done;
  • Setting long-term goals of fully removing all LSLs like California, Washington, and Michigan have done; and
  • Helping prospective homebuyers know whether the home has an LSL.

These policies won’t ensure that all 3 million LSLs are replaced, but it takes the states one step closer to achieving the goal that in 20 years no one will be drinking water through a lead pipe.

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Cincinnati adopts an innovative plan to eliminate LSLs that is a model for other cities

Tom Neltner, J.D.is Chemicals Policy Director

The Cincinnati City Council enacted three ordinances in June 2017 that establish an innovative legal framework to replace the city’s 27,000 lead service lines (LSLs) over the next 15 years. The Council acted after finding that “high levels of lead in water create serious health risks to residents of the City, particularly young children, and using lead service lines between public water mains and properties increases the risk that the lead content of drinking water to the properties served will increase to a dangerous level” and that “replacing lead service lines is in the best interest of the public health, safety, morals, and general welfare.” Although the City stopped allowing new LSLs in 1927, an estimated 1 in 9 service connections still have a portion made of lead pipe.

A member of the GCWW Repair Services Team replaces an LSL. Photo credit: GCWW

Cincinnati’s program is based on Madison, Wisconsin’s successful effort, which began in 2000 and was completed in 2011. Cincinnati is roughly three times larger than Madison in terms of population, service connections, and LSLs.

Under the program, residential property owners within Greater Cincinnati Water Works’ (GCWW) service area can receive between 40 and 50% off of the cost of replacing the portion of the LSL on their property up to $1,500 if they agree to have GCWW arrange for the replacement. Owners within the limits of the City of Cincinnati may choose to have the remaining cost assessed semiannually on their property tax bill and repaid over 5 or 10 years. Property assessments must be approved by the political entity where the property resides. As of today the assessment option is only available for the residential properties in the City. However, GCWW is reaching out to the other jurisdictions it serves to discuss expanding the assessment program to those jurisdictions as well.

GCWW will also be replacing the portion of the LSL on public property so that the entire service line is replaced. The City is committed to fund its share of the work from GCWW’s Capital Budget.

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