EDF Health

California water utilities fear the unknown when it comes to lead service lines

Tom Neltner, Chemicals Policy Director.

Last month, two California trade associations submitted disconcerting comments to the Environmental Protection Agency (EPA) as the agency considers what to do with the revised Lead and Copper Rule (LCR) published in the waning days of the Trump Administration. The associations – the Association of California Water Agencies (ACWA) and the California Municipal Utilities Association (CMUA) – represent 90% of the state’s drinking water utilities.

The trade associations are asking EPA to allow water utilities to tell the agency, the state, their customers, and the public that they have no lead service lines (LSLs) even when they know it may well be false. This would seriously undermine one of the most important positive aspects of the revised LCR – the service line inventory. California’s unusual definition of a “user service line” has been a long-running problem: it does not include the portion of the service line on private property. This definition is narrower than the federal one – and even the state’s definition of an LSL that has been in place for more than a quarter century.

Under EPA’s revised LCR, utilities can only claim that they have no LSLs – and thus avoid the need to comply with the rule’s more protective sampling and corrosion control requirements for systems with LSLs – if they are confident there are no LSLs based the entire length of the service line, including the portion on private property. The two state trade associations are asking EPA to put the burden of determining the composition of this portion of the service line entirely on the customer, allowing a utility to ignore a lead pipe if the customer does not provide the information. This approach will render the inventory effectively useless and misleading.

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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.

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A closer look at FDA’s “Closer to Zero” plan to reduce for heavy metals in children’s food

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

This month, the Food and Drug Administration (FDA) released its “Closer to Zero” action plan to reduce exposure to heavy metals in foods for babies and young children. The plan, released in response to a recent House of Representatives Committee on Oversight and Reform report and the introduction of the Baby Food Safety Act in both the House and the Senate, is a step forward since it commits the agency to specific actions and general deadlines for the first time. However, there is room for improvement, specifically the agency should:

  1. Explicitly consider the cumulative effect of heavy metals on neurodevelopment when setting limits.
  2. Move up deadlines for draft action levels for arsenic and cadmium;
  3. Be consistent in messaging that there is no safe level of lead in children’s blood;
  4. Define what “as low as possible” and “children’s food” means as soon as possible;
  5. Be transparent by posting testing data quickly; and
  6. Add milestones for compliance verification with action levels and preventive controls.

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Lead pipes are in the news – Here’s why that matters

Sam Lovell, Communications Manager. 

“How many of you know, when you send your child to school, the fountain they’re drinking out of is not fed by a lead pipe?”

That stark question was posed by President Biden in a briefing following the announcement of the American Jobs Plan. The President’s historic infrastructure package includes $45 billion to fully replace lead pipes across the country. This has caused a surge of attention nationally on the problem of lead pipes, as administration officials and members of Congress voice support of the plan and local media outlets report on the implications of the investment.

And this attention is well-placed: across the country, an estimated 9.2 million lead service lines still provide water to US homes – putting children at risk of lead exposure and permanent harm to their brain development. While this has been an issue for far too long, this recent momentum – with the inclusion of funding in the American Jobs Plan and in several bills moving in both the House of Representatives and the Senate – is a promising sign that action is near.

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Better data is critical to address health disparities in air pollution’s impacts

This post originally appeared on the EDF Global Clean Air Blog.

Ananya Roy, Senior Health Scientist, and Maria Harris, Environmental Epidemiologist 

The last several months have seen a wave of momentum in policies seeking toward advance environmental justice and equity through better data collection and mapping. In his first week in office, President Biden signed an executive order to initiate the development of a screening and mapping tool to identify disadvantaged communities with the goal of informing equitable decision making. And legislation introduced in the House of Representatives and Senate would launch a similar effort. This focus on data and mapping is critical.  

At EDF, we’ve worked with community and research partners to map air pollution at the block-by-block level, and found that hyperlocal data can reveal pollution hotspots and variability within cities and neighborhoods that would otherwise be missed. Building on this research, our latest work shows how the health impacts from air pollution can vary at a hyperlocal level and how using local level data can greatly improve our ability to identify health disparities and target action. Our findings illustrate why it is important to incorporate health information into such decision-making, as both pollution exposure and health vulnerability influence the health impacts of air pollution.

These insights have relevance not only for actions at the federal level, but also for cities and states across the country that are seeking to reduce air pollution and address health inequities.

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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.

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