EDF Health

Update: EPA agrees to investigate civil rights allegations against Providence Water’s LSL replacement practices

By / Published: March 18, 2022

Jennifer Ortega, Research Analyst, and Tom Neltner, Chemicals Policy Director

At the start of this year, Childhood Lead Action Project (CLAP), South Providence Neighborhood Association, Direct Action for Rights and Equality, National Center for Healthy Housing, and EDF submitted an administrative civil rights complaint to the Environmental Protection Agency (EPA) against Providence Water Supply Board (Providence Water), Rhode Island’s largest water utility. The complaint alleges that the water utility’s lead service line (LSL) replacement practices put Black, Latinx, and Native American residents at a disproportionately higher risk of lead exposure, in violation of Title VI of the Civil Rights Act of 1964.

We are excited to share that EPA’s External Civil Rights Compliance Office (ECRCO) accepted “for investigation [the] administrative complaint filed against the Providence Water Supply Board.” ECRCO “determined that the complaint meets the jurisdictional requirements” needed to examine the claims. The Office made its decision only five weeks after the administrative complaint was submitted, far quicker than the timeline for most other complaints.

ECRCO will now investigate whether Providence Water’s LSL replacement practices have the effect of discriminating against certain customers on the basis of race and national origin. The Office will also examine whether Providence Water properly administers procedural safeguards to ensure the utility is complying with non-discrimination regulations, as required for recipients of EPA funding. ECRCO has 180 days to issue its preliminary findings.

To our knowledge, this decision marks the first time ECRCO has agreed to examine a water utility and the all-too-common practice of requiring customers to pay to replace LSLs on private property as a potential civil rights violation. Read More »

Also posted in Civil rights, Drinking water, Public health / Tagged , , , , , | Comments are closed

Good news: Blood lead levels in children resume their downward trend

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: March 16, 2022

Tom Neltner, Senior Director, Safer Chemicals

It is always worth keeping an eye on the latest U.S. data on blood lead levels in children. While no amount of lead is safe, it is nice to see lower levels reported in findings released by the Centers for Disease Control and Prevention (CDC) late last year.

In case you missed it, blood lead levels decreased among the children most exposed to the heavy metal during the most recent two-year cycle, according to a biomonitoring data report released by CDC.

The 2017-18 data comes from the CDC’s National Health and Nutrition Evaluation System (NHANES), and it is a key measure of overall progress towards reducing children’s exposure to lead from all sources.

In April 2019, we reported disturbing news that after six years of sustained and significant progress, the NHANES 2015-16 cycle showed blood lead levels (BLLs) of the most exposed children 1 to 5 years of age increased compared to the previous two years. We saw a similar trend for children 6 to 11 years of age in the 2015-16 data. At the time, we cautioned that the increase was not statistically significant because of the relatively small sample sizes – between 600 and 800 children in each age range – but was still worth watching. Read More »

Also posted in Public health / Tagged , | Comments are closed

The new FDA Commissioner has a full plate; here are 3 steps he can take to keep focused on food safety

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: February 15, 2022

Tom Neltner, Senior Director, Safer Chemicals.

The U.S. Senate today voted to return Robert Califf to the role of FDA Commissioner, bringing needed leadership to an agency that plays a vital role in protecting public health. 

While Dr. Califf faces historic challenges in the form of the COVID-19 pandemic and the opioid epidemic, he also has a tremendous opportunity to elevate the agency’s important role in protecting the public from unsafe chemicals in food. 

We put together a list of three things Dr. Califf and the FDA have the authority to do right now to keep problematic chemicals out of our food:  Read More »

Also posted in BPA, FDA, Food, Public health / Tagged , , , , , , | Authors: / Comments are closed

In latest act of leadership, Cincinnati votes to cover the cost of replacing lead pipes for all residents

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 12, 2022

Tom Neltner, Chemicals Policy Director

The Cincinnati City Council has voted unanimously to authorize Greater Cincinnati Water Works (GCWW) to pay 100% of the cost of replacing private lead service lines (LSLs) that bring drinking water to customers’ homes and other buildings. The Council’s December vote supports its larger strategy to “provide quality healthy housing for all income levels.” More broadly, the action is the latest act of leadership from the city as it works to address the environmental justice issues in its communities.

The ordinance gives GCWW the authority to help more customers pay to fully replace LSLs as the utility conducts infrastructure work on drinking water mains that connect to the lead pipes. Since 2017, the utility has subsidized up to 40% of a customer’s replacement cost through grants, and allowed customers to take a 10-year, interest-free loan.

Despite these incentives, the utility recognized that the cost of replacement was an obstacle for many customers, especially for low-income residents. About 60% of customers declined to participate, leaving them with partial LSL replacements that left lead pipes on private property in place. These partial replacements create higher short-term spikes in lead levels in drinking water and do not reliably reduce the risk of lead exposure over the long-term, as full replacement does. This is an important step for Cincinnati, as it ends LSL replacement practices that force customers to share in the costs that can lead to environmental justice and civil rights issues. Read More »

Also posted in Civil rights, Drinking water, Public health / Tagged , , , , | Comments are closed

Civil rights complaint draws attention to the discriminatory impacts of common lead pipe replacement practice

By / Published: January 7, 2022

Jennifer Ortega, Research Analyst, Environmental Health

This past Wednesday, Rhode Island’s Childhood Lead Action Project (CLAP) led a coalition of groups in submitting a civil rights complaint to the Environmental Protection Agency (EPA) against the Providence Water Supply Board (Providence Water), pursuant to the Civil Rights Act of 1964.

The administrative complaint highlights the discriminatory effects that can result when utilities require customers to share the cost of replacing the lead pipes that feed into their homes. The complaint was submitted as part of CLAP’s larger Lead-Free Water RI campaign, which calls “for an equitable, statewide plan for full, free lead pipe replacements for all Rhode Islanders.”

In the complaint, CLAP, South Providence Neighborhood Association, Direct Action for Rights and Equality, National Center for Healthy Housing, and EDF allege that the water utility’s process of replacing lead service lines (LSLs) — the lead pipes that run from the water main to the water meter in homes — has a disparate impact on Black, Latinx, and Native American residents in violation of Title VI of the Civil Rights Act of 1964 and EPA’s implementing regulations. Read More »

Also posted in Drinking water, Public health / Tagged , , , | Comments are closed

An environmental justice case study: how lead pipe replacement programs favor wealthier residents

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 4, 2022

Tom Neltner, Chemicals Policy Director and Lindsay McCormick, Program Manager 

Dr. Karen Baehler and her team at American University’s Center for Environmental Policy, with support from EDF, recently published a peer-reviewed case study highlighting the environmental justice issues that arise when water utilities require property owners to pay when they replace lead service lines (LSLs) that connect homes to the water main under the street. Our experience indicates that the vast majority of the 11,000+ water utilities in the U.S. engage in this practice. Based on the findings, these utilities need to reconsider their programs as they address the more than 9 million LSLs nationwide.  

The study found that Washington, DC residents in low-income neighborhoods between 2009-2018 were significantly less likely than those in wealthier neighborhoods to pay for a full LSL replacement and, therefore, had an increased risk of harm from lead exposure from a partial LSL replacement. 

The practice of requiring customers to pay for a full LSL replacement also raises civil rights concerns in cities like Washington, DC that have a history of racial segregation, redlining, and underinvestment in neighborhoods predominately comprised of people of color. If a utility that follows this practice also receives federal funding such as state revolving loan funds (SRFs), it may be violating Title VI of the Civil Rights Act of 1964. While Washington, DC largely resolved the issue in 2019 by banning partial replacements and addressing “past partials” left in the ground, this scenario is replicated across the country.  Read More »

Also posted in Drinking water / Tagged , , | Authors: / Comments are closed