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Selected tag(s): Michigan

Illinois poised to strictly limit partial lead service line replacement: How does it compare to Michigan and proposed EPA rules?

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

Illinois is poised to be the second state in the country to strictly limit the practice of partially replacing lead service lines (LSL). Partially – rather than fully – replacing these lines that connect the drinking water main under the street to homes can significantly increase lead levels in drinking water for months and does not reliably reduce lead levels over time. Last week, the Illinois Department of Public Health (IDPH) released amendments to the Illinois Plumbing Code that include significant restrictions on partial LSL replacements. If the state’s legislative oversight committee for rulemaking does not object, the agency can finalize the rule.

If adopted, the changes would set the stage for all LSLs and galvanized service lines in the state to eventually be fully replaced. The changes are significant because the Illinois has an estimated 679,000 LSLs, by far the most in the country, as well as 60,000 galvanized service lines, and an additional 1.07 million service lines of unknown material that may be lead.

Michigan, with its estimated 460,000 LSLs, took a similar action in June 2018 when it strengthened its version of Environmental Protection Agency’s (EPA) Lead and Copper Rule (LCR). However, Michigan’s rule applies only to public water systems (PWS). In contrast, Illinois’s planned revisions apply to anyone who alters a service line including both PWSs and licensed plumbers.

In October, EPA proposed revisions to the LCR. However, unlike Michigan and Illinois, EPA’s proposed rule would continue to allow PWSs to conduct partial replacements where the property owner is unwilling or unable to pay the cost for the portion not owned by the PWS.

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Laws in states with the most lead service lines support using rates to fund replacement on private property: New analysis

Tom Neltner, J.D.Chemicals Policy Director

We found no explicit barriers to using rate funds to replace the lines on private property in the 13 we focused on. These states have an estimated 4.2 million LSLs, more than two-thirds of the nation’s total

Lead service lines (LSLs) – the lead pipes that connect a building’s plumbing to the water main under the street – are a significant source of lead in drinking water for those homes that have them. In light of the well-documented benefits to society from reducing children’s exposure to lead, there is a consensus that we need to replace the estimated six million LSLs remaining in the country. It will take time, but it needs to be done.

One challenge to this goal is how to fund replacement of the portion of the service line on private property. Because LSLs extend from under the street to a building, typically about half of the line is on public property and half is on private property. The perception among utilities has been that they do not have the legal authority to use rates paid by customers to cover the cost of replacing the portion on private property because it provides a benefit only to that property owner. This view was reinforced when the Wisconsin Public Service Commission blocked Madison from doing it, forcing the city to use other funds to complete the work. That decision from the early 2000s came before the risks of even low-level exposure to lead were well understood.

Many utilities have therefore taken to replacing only the portion of the LSL on public property when the property owner is unwilling or unable to pay to replace the portion on private property. The practice, often called “partial replacement,” is not only inefficient but can actually exacerbate residents’ exposure to lead. As evidence of the risks of even low-level exposure to lead—and of the society-wide benefits of reducing lead exposure—have mounted and the tragedy in Flint, Michigan made clear the need to replace LSLs, states like Indiana, Missouri, New Jersey, Pennsylvania and even Wisconsin, have adopted new laws or policies that have allowed funds from rates, with some limitations, to be used to replace the side on private property. Michigan has gone further and adopted rules mandating the practice, although some utilities have challenged the rule in court.

Given the funding challenge and the trends in the states, EDF partnered with the Emmett Environmental Law & Policy Clinic at Harvard Law School to review the state laws and policies in the 13 states with the most LSLs. Clinic Deputy Director Shaun Goho and law student Marcello Saenz conducted a state-by-state review of the laws, court decisions, and policies. The authors:

Found no explicit barriers to using rate funds to replace the lines on private property. These states have an estimated 4.2 million LSLs, more than two-thirds of the nation’s total. In these states, publicly-owned utilities can act pursuant to existing state legislation by determining that the practice serves a public purpose—protecting public health. Investor-owned utilities can do the same, but typically need approval of the state’s utility commission. While we have not reviewed the remaining states, we anticipate that the state laws and policies are similar to the ones we evaluated.

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Mandatory lead service line inventories – Illinois and Michigan as strong models

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

This blog is part of a series focused on how states are handling the essential task of developing inventories of lead service lines (LSLs) and making them public. The first blog identified 14 states that were taking on the issue: four with mandatory programs and ten with voluntary.  In this blog, we explore the four mandatory programs and highlight Illinois and Michigan as strong models for other states to consider.  Updated 11/3/18 to reflect updated estimates from Illinois.

Four states – California, Illinois, Michigan and Ohio – require utilities that operate community water systems (CWSs) to identify and report to the state in some form their number of lead service lines (LSLs). Illinois and Michigan both have strong approaches that could serve as models for other states and EPA to require nationally. California’s approach is seriously flawed because it ignores part of the service lines and can be misleading. Ohio requires utilities to either report they have zero LSLs or provide maps where the LSLs are likely to be found, with no requirement to provide an estimated number. We explore all of these approaches below.

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