EDF Health

Selected tag(s): Lead Service Lines

Fixing America’s lead in water crisis must be a priority for Congress

Eric Jjemba, Health Legislative Intern, Joanna Slaney, Legislative Director, and Tom Neltner, Chemicals Policy Director

Last week, over 100 House members led by Representatives Paul Tonko (D-NY), Jan Schakowsky (D-IL), Daniel Kildee (D-MI), Gwen Moore (D-MI), and Henry Cuellar (D-TX) sent a letter to Speaker Nancy Pelosi asking that she prioritize funding for full lead service line (LSL) replacement in “any major infrastructure legislation moving through the chamber.” Additionally, a group of 8 medical and health associations led by the American Academy of Pediatrics sent a letter of their own urging Congressional leadership “​​to fully fund this proposed public health measure with $45 billion.” These letters highlight the broad support around treating America’s lead in water crisis as one that necessitates federal action. EDF, and many others, have advocated  for $45 billion in funding to fully replace the more than 9 million remaining LSLs in the country.

For too many families in this country, turning on the faucet for water essentially means drinking through a lead straw. This hundred year old legacy problem of LSLs impacts communities across the nation, but it disproportionately harms already overburdened communities– those that experience racial, economic, and environmental disparities together. To make sure that necessary assistance reaches those that need it most, including low-income communities, communities of color, and rural communities, the federal government needs to adequately fund full LSL replacement across the country.

EDF applauds the members of Congress and key public health organizations that are continuing to push for this investment, of which we have frequently outlined the clear and tangible benefits. Among these are:

  • Protecting health, especially for children, who are likely to have their brain development impaired by lead, contributing to learning and behavioral problems and lower IQs. While children of color and those from low-income families remain at the greatest risk of lead exposure, adults are also at risk of heart disease – even at low exposure levels. 
  • Reducing disparities by advancing equity for low-income communities and communities of color (including small and rural ones) that may lack the capacity to pursue federal funds, have not developed an inventory of their LSLs, and would not otherwise have the resources to do the work.
  • Creating good paying jobs in construction and plumbing through shovel-ready work. Most communities have a good sense of where many of the LSLs are in their water systems, meaning this work can get off the ground quickly.

Read More »

Posted in lead, Public Health / Also tagged , , | Comments are closed

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.

Read More »

Posted in Drinking Water, EPA, lead, Regulation, States / Also tagged , | Comments are closed

Michigan embraces predictive tools to develop a lead service line inventory

Tom Neltner, Chemicals Policy Director.

Earlier this year, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) released ground breaking guidance to help utilities in the state develop their “Complete Distribution System Materials Inventory” (CDSMI) that is due in 2025. The guidance is important because it explicitly allows utilities to use predictive tools to prepare an accurate materials inventory that is essential to effective lead service line (LSL) replacement efforts. Because the Environmental Protection Agency’s (EPA) service line inventory in its revised Lead and Copper Rule (LCR) has many elements in common with Michigan’s inventory, we encourage EPA and other states to look closely at Michigan’s guidance as a model to help all utilities develop accurate service line inventories.

Michigan’s inventory requirement and guidance

Michigan’s version of the LCR requires utilities to fully replace all LSLs – the portion on both public and private property – at an average rate of 5% per year by 2040.[1] The key to compliance is an accurate CDSMI that must be submitted to EGLE and made public by January 1, 2025.

EGLE states that the CDSMI’s purpose “is to characterize, record, and maintain a comprehensive inventory of distribution system materials, including service line materials on both public and private property.” It supports effective asset management planning, LSL replacement efforts, and notification of those served by an LSL.

Read More »

Posted in EPA, lead, Regulation, States / Also tagged , , , | Comments are closed

An issue nearly everyone agrees on: It’s time to fund lead pipe replacement

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

As Congress looks to various infrastructure priorities in the coming months to get the country back on track, funding replacement of lead pipes should be an essential part of that effort. Recent polling from Black Millennials for Flint, BlueGreen Alliance and EDF demonstrates that there is strong bipartisan support for this initiative across party lines and regions of the country. Funding lead pipe replacement will protect health, create jobs, permanently improve water infrastructure, and reduce health inequities. It’s time for action.

And we are already seeing movement on this important issue, with legislation in the first few months of the new Congress in both the US House and Senate including lead pipe replacement as a key infrastructure priority.

Read More »

Posted in Drinking Water, lead, Public Health / Also tagged , , , , | Comments are closed

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 January 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 »

Posted in Drinking Water, EPA, Health Policy, lead, Regulation, States / Also tagged , , , | Comments are closed

In a vote for reducing lead exposure and for clean water, House passes lead pipe replacement amendment

Joanna Slaney, Legislative Director, Health and Tom Neltner, J.D., Chemicals Policy Director.

Today is a good day in the fight against lead exposure: the U.S. House of Representatives has passed an amendment to provide $22.5 billion to replace lead service lines (LSL) – the lead pipes connecting the water main under the street to the home – across the country, prioritizing low-income and environmental justice communities. The amendment to the Moving Forward Act (HR 2), was sponsored by Representatives Tlaib, Kildee, Slotkin, Cicilline, and Moore, and it received bipartisan support.

Permanently removing sources of lead is critically important, as there is no safe level of lead exposure. From learning and behavioral problems in children to cardiovascular disease and hypertension in adults – lead exposure has major impacts on our health. And turning on the tap in a home with an LSL is essentially drinking from a lead straw.

That’s why EDF, with our partners, worked to strongly support this amendment. And that’s why we’ve been working on other initiatives that will accelerate replacement of these lead pipes across the country. With an estimated 9.3 million LSLs remaining in 11,000 communities, full replacement will be a massive challenge. But – as EDF has seen with our work recognizing states and communities taking action on LSLs – momentum is building. Our latest estimates show that:

Read More »

Posted in lead, Public Health / Also tagged , , | Comments are closed