EDF Health

Selected tag(s): Lead Service Lines

Despite its flaws, states and communities should get ahead of the curve on EPA’s proposed lead in drinking water rule

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

See all blogs in our LCR series.

In October, the Environmental Protection Agency (EPA) proposed changes to its outdated Lead and Copper Rule (LCR), the federal regulation designed to control those contaminants in drinking water. As the result of more than a decade of work by dedicated agency experts, the proposal makes several improvements to key parts of the rule, including requirements for lead service line (LSL) inventories and customer notification. LSLs are the lead pipes that connect the main under the street to homes and buildings and are the most significant source of lead in drinking water.

Unfortunately, EPA’s proposed rule has several serious flaws, including that it:

  • Continues to treat full LSL replacement as a last resort. The proposed rule should make LSL replacement an integral part of a long-term solution, including periodic benchmarks for all water systems to achieve regardless of water testing results.
  • Continues to allow water systems to conduct partial replacements where the property owner is unwilling or unable to pay the cost for the portion not owned by the water system. Partial LSL replacement may significantly increase lead levels in drinking water for months and does not reliably reduce lead levels in the long term. While water systems would be required to gives residents tools (e.g. advanced notice and filters) to reduce the exposure, more is needed. EPA’s own analysis finds that relying on a resident’s ability-to-pay to replace the LSL on their property to avoid partial replacements will leave low-income households with disproportionately higher health risks.
  • Backslides on the rate of mandatory LSL replacement. When a water system’s lead levels are so high that full LSL replacement is mandated, EPA proposes an annual replacement rate that gives the system at least 33 years rather than the current minimum of 15 years to replace all of its LSLs. While more systems are likely to have to conduct mandatory full LSL replacement because of the stricter sampling requirements, most will not.

EPA is accepting comments on the proposed revisions until February 12, 2020. We are preparing detailed comments calling for the agency to fix the flaws before finalizing the rule, and we encourage others to comment as well.

Despite these shortcomings, we want to highlight four positive elements of the proposed rule and encourage states and communities to consider implementing them now – not just because they are likely to be required in the future – but also because they set the stage for full LSL replacement. These elements are that water systems must:

  • Develop an LSL inventory, update it annually, and make it publicly accessible;
  • Notify customers that they have or may have an LSL;
  • Take precautions when disturbing LSLs; and
  • Sample more homes with LSLs and take earlier action based on the results.

In this blog, we provide an overview of these key improvements. In future blogs, we will describe our recommendations to strengthen the rule based on our comments to the agency.

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

New Jersey takes major steps forward on lead in drinking water

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

When it comes to addressing the challenge of lead service lines (LSLs), recent events in New Jersey have set the stage for long-term progress amid short-term crises. The watershed moment came on October 10, when Jersey Water Works and Governor Phil Murphy held a joint press conference announcing their respective plans to reduce lead in drinking water that featured a shared goal of fully replacing the state’s estimated 350,000 LSLs within ten years. A week earlier, Congress enacted a law, authored by Senator Booker, enabling New Jersey – and other states as well – to secure critical funding by shifting the state’s share of the Clean Water State Revolving Fund (SRF) to the Drinking Water SRF.

With the Governor’s announcement, New Jersey joins Michigan and Washington as the only states to commit to fully replacing LSLs. It also becomes a leader among the 16 states that have adopted policies in the past four years that support the hundreds of communities taking action to replace their LSLs.

As other states consider the LSL challenge, they should look to the process New Jersey used to reach this stage and its close coordination with state agencies.

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Where are Illinois’ lead pipes? Chicago Water has nearly 60%, and small systems don’t know.

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

Chicago is the epicenter for lead service lines (LSLs) in the United States. In a report submitted to Illinois Environmental Protection Agency (IEPA) in April, Chicago Water reported having 392,614 LSLs – 75% of the total service lines in its water system that serves 2.7 million people living in the city and the city’s 125 suburbs. The number of LSLs is over three times higher than any other city. For additional context, this number represents 58% of the known LSLs in Illinois and 6% of the estimated 6.1 million LSLs in the country.

Chicago Water also reported an additional 120,760 service lines as unknown material that may be lead. Only 7,299 (2%) of its total service lines are made of something other than lead.

These numbers are based on the second year of mandatory reporting that IEPA makes publicly available. Earlier this year, we summarized the first year of reporting. In the second year of reporting, IEPA improved the program by allowing CWSs to separately report lines of unknown material where the utility was confident they were not LSLs – most likely because the lines were installed after the date the CWS stopped allowing use of lead. So the remaining lines of “unknown material” were more likely to be lead. In addition, all community water systems (CWSs) in the state reported in the second year.[1] Given these improvements, we looked more closely at the data.

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Taking on the lead challenge: State and community action accelerates across the country

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

In January, we reported on the tremendous progress made by states and communities in 2018 to replace lead service lines (LSLs) – the estimated 6.1 million lead pipes across the country that connect homes and other buildings to the water main under the street. At that time, our tracker stood at 95 communities and 16 states working to replace LSLs.

Half a year later, and the total number of communities (including municipalities and water utilities) EDF has learned of that are leading the way has swelled to 181.[1]

  • 7 communities located in Massachusetts, Michigan, Oregon, South Dakota, Washington, and Wisconsin have publicly announced that they completely replaced all known LSLs.
  • 108 communities have publicly set a goal of eliminating LSLs on public and private property, totaling more than 381,000 LSLs. Nearly ¾ of these communities are served by the investor-owned utility, American Water’s, operations in Missouri (34 communities), Indiana (27 communities), and Pennsylvania (19 communities). For the remaining states, Wisconsin is leading the way with 11 communities followed by Michigan with five; Colorado and Massachusetts with two; and Arizona, Arkansas, Montana, New Jersey, and Washington each with one.
  • 66 communities are publicly taking steps to replace LSLs but have not yet set a goal of full replacement. These communities include 15 in Wisconsin; 12 in New York; 11 in Illinois; seven in Michigan and Massachusetts; five or fewer in Colorado, Iowa, Kentucky, Minnesota, New Jersey, Ohio, Pennsylvania, Rhode Island, Texas, Vermont, and Virginia; and Washington, D.C.

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ASDWA releases useful guidance to help states develop lead service line inventories

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

As we have explained in past blogs, it is critical that states have rough estimates of how many lead service lines (LSLs) each drinking water utility in the state may have in order to develop sound policy decisions and set priorities. Congress recognized the importance of LSL inventories when it directed the Environmental Protection Agency (EPA) in the America’s Water Infrastructure Act of 2018 to develop a national count of LSLs on public and private property in the next round of the 2020 Drinking Water Infrastructure Needs Survey. States have a crucial supporting role in the Needs Survey since it is the basis of allocating State Revolving Loan Funds to the states.

This month, the Association of State Drinking Water Administrators (ASDWA) released a useful guidance document to help states develop LSL inventories. The guidance builds on the lessons learned from:

  • Mandatory surveys conducted by California, Illinois, Michigan, and Wisconsin;
  • Voluntary surveys conducted by Indiana, Massachusetts, North Carolina, and Washington; and
  • Responses to requests for updated Lead and Copper Rule (LCR) service line preliminary materials inventories conducted by Alabama, Louisiana, Kansas and Texas.

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EDF analysis: Lead service lines in Illinois communities

Tom Neltner, J.D.Chemicals Policy Director

Building statewide, comprehensive inventories of lead service lines (LSLs) in community water systems (CWSs) is a critical part of any effort to eliminate lead pipes. With a solid inventory, states can conduct a credible needs assessment and engage the public in supporting community efforts to replace LSLs.

In January 2017, the Illinois legislature passed a law designed to reduce children’s exposure to lead in drinking water. It included a requirement that CWSs submit annual reports to Illinois Environmental Protection Agency (IEPA) regarding a “water distribution system material inventory” by April of each year. EDF sees Illinois’s approach to developing an inventory as a model to be considered by other states because it:

  • Requires all CWS to report (unlike Indiana which had a well-designed one-time voluntary survey but only a 57% response);
  • Covers the entire service line (unlike California which ignored the portion of the service line on private property); and
  • Requires annual updates to track progress, especially in reducing the number of service lines with unknown materials (unlike Michigan which requires updates only every five-years).

In August 2018, IEPA released a summary of the first year submissions and has updated it several times. IEPA indicated that 95% of CWSs submitted reports and provided totals of each type of piping material reported with 414,895 LSLs and 1,504,748 of unknown material. At the time, the agency did not provide information on what each CWS reported.

Making totals public is important but does little to engage the public in understanding what the information means for their community. But earlier this week, IEPA published an online tool, which allows residents to search for their water system and download the data for individual reports of the types of materials currently reported by their water system.  EDF also received the information pursuant to a Freedom of Information request. Click here to see the data for all the CWSs in a spreadsheet. We also used an EPA database to identify the 84 CWSs that did not comply with the law.

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