EDF Health

EDF welcomes EPA’s announcement of much-needed changes to its TSCA New Chemicals Program

By / Published: March 29, 2021

Richard Denison, Ph.D., is a Lead Senior Scientist.

Today the Environmental Protection Agency announced it is conducting a thorough review of its policies and procedures for assessing the safety of new chemicals prior to allowing their entry into commerce.

EPA’s announcement flags two immediate changes it is making to restore and realign the program’s practices with the major reforms Congress made in 2016 to the Toxic Substances Control Act (TSCA). These changes are critical to better ensure that new chemicals presenting potential risks to workers, the public, or the environment are not allowed onto the market absent restrictions sufficient to mitigate any risk.

First, EPA says it “will stop issuing determinations of ‘not likely to present an unreasonable risk’ based on the existence of proposed SNURs [Significant New Use Rules].” TSCA requires EPA to review reasonably foreseen uses of a new chemical at the same time it considers a company’s intended uses. If either type of use presents potential risk, TSCA requires EPA to issue an order restricting the new chemical to mitigate that risk.

We fully agree with EPA that it cannot exclude reasonably foreseen uses of a new chemical from its review by proposing a SNUR. EPA’s clear statement that when it finds “one or more uses may present an unreasonable risk, or when EPA lacks the information needed to make a safety finding, the agency will issue an order to address those potential risks” is precisely what TSCA requires. By taking this step, EPA will reverse the illegal and unprotective approach the prior administration applied to hundreds of new chemicals over the last several years.

Second, EPA will take regulatory action by issuing an order whenever it identifies potential risks to workers from a new chemical, instead of simply assuming that workers are protected absent any binding requirement on employers. TSCA identifies workers as warranting special protection under the law, yet the prior administration illegally allowed hundreds of new chemicals onto the market without any assured protections even where it found risks exceeding its own benchmarks by many-fold.

EDF looks forward to working with EPA to restore legal and scientific integrity to its TSCA program and realign it with the agency’s mission to protect health and the environment.

Also posted in TSCA reform / Tagged EPA, New chemicals, Worker safety | Comments are closed

EPA’s three new service line notices: Critical to transparency and accelerating lead pipe replacement

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 21, 2021

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

This is the second 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) 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.

Three new notices required by the revised LCR from water systems to people with known or potential LSLs provide critical opportunities to build public support for LSL replacement by helping individuals better understand their situation and specific actions they should take. However, we recognize that, like all notices, many people may simply ignore them, especially if only delivered as an insert to a monthly or quarterly bill. We anticipate that notices will be most effective when coupled with broader outreach efforts and requirements that property owners share the notice with potential buyers and tenants.

As explained in a previous blog on the new service line inventories, water systems must assign all service lines to one of four categories. The rule treats three categories – “Lead,” “Galvanized Requiring Replacement,” and “Lead Status Unknown” – as known or potential service lines containing lead. People receiving water from a service line in any of these three categories must receive three new types of notices designed to prompt them to take steps to address the risk of lead in their drinking water pursuant to 40 CFR § 141.85(e) to (g). The three types of notices are:

An annual notice;
A notice of disturbance to service line; and
A notice if trigger or action levels exceeded.

Also posted in Drinking water, Lead, Public health, Regulation / Tagged EPA, Final LCR, Lead service line replacement, Lead service lines, Notices, States | Authors: tneltner / Comments are closed

EPA’s new service line inventory: The good, the bad, and the absurd

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 19, 2021

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.

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:

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.
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.”
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.”
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]

Also posted in Drinking water, Lead, Regulation / Tagged EPA, Final LCR, Lead, Lead service line inventory, Lead service line replacement, Lead service lines, States | Comments are closed

EDF statement: Trump EPA’s withdrawal of proposed bans on dangerous uses of three chemicals is shameful

By / Published: January 14, 2021

Decision epitomizes administration’s disdain for public health protection

(Washington, DC – January 14, 2021) Tomorrow, the Trump EPA will announce the formal withdrawal of proposed bans on high-risk uses of the dangerous chemicals methylene chloride, trichloroethylene, and N-methylpyrrolidone. By taking this action, the Trump EPA seeks to prevent the new administration from finalizing any of these bans without starting the process over.

“It appears that blocking these bans and denying crucial protections to workers and consumers for four years was not enough for the Trump EPA. This shameful move that epitomizes the Trump EPA’s concerted attacks on public health is a transparent attempt to further constrain the incoming administration. It is yet another stain on Mr. Wheeler’s dismal record,” said Dr. Richard Denison, Lead Senior Scientist, EDF Health. “We are counting down the days until the EPA’s decisions, once again, reflect its mission to protect health and the environment.”

Background:

Also posted in Industry influence, Regulation, TSCA reform / Tagged EPA, Methylene chloride, NMP, Trichloroethylene (TCE) | Comments are closed

Getting lead out of brass and bronze food equipment

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 12, 2021

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

Many people may not be aware that lead is still added to brass and bronze used to make drinking water faucets and food equipment like coffee brewers and more. This is problematic because lead can leach into the water and beverages from the equipment – putting consumers at risk. As part of EDF’s efforts to reduce exposure to lead from all sources, we have advocated to stop this use of the heavy metal.

Last June, our three-year effort yielded results when the committee responsible for the national consensus standard for plumbing devices, known as NSF/ANSI/CAN 61, made its lead leaching standard five times more protective for endpoint devices – from 5 to 1 parts per billion. Endpoint devices are faucets, drinking water fountains and other devices installed within the last one liter of water distribution systems in a building. For all other plumbing devices, lead is limited to the amount added to the device’s material, 2500 parts per million (ppm) [1], and leaching limit does not apply.

This fall, we turned our attention to lead leaching into drinking water from food equipment such as ice machines, coffee brewers, teapots, and water heaters. We have submitted petitions to NSF International and to the Food and Drug Administration (FDA) asking them to prohibit use of lead in brass and bronze commonly used in these devices.

For food equipment, we leveraged the more protective safety standards for food contact substances in the Food Additives Amendment of 1958. These standards require that additives not be used unless there is a reasonable certainty of no harm from their intended use after taking into account related substances in the diet. It also prohibits use of carcinogens. Lead is unsafe under both these restrictions because it is a carcinogen and no safe threshold has been found for lead in the blood to prevent neurologic development harm in children and heart disease in adults.

Also posted in FDA, Food, Lead / Tagged FDA, Heavy metals in food, Lead in food, NSF | Comments are closed

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