EDF Health

NEPA requires water utilities to evaluate potential discriminatory effects before starting work that disturbs lead pipes

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: April 21, 2022

Tom Neltner, Senior Director, Safer Chemicals Initiative; and Jennifer Ortega, Research Analyst

Providence Water, Rhode Island’s largest water utility, has applied for state funds to rehabilitate drinking water mains in its service area. Lead service lines (LSLs) are often attached to the mains and carry drinking water to customer’s homes. The utility has requested a “categorical exclusion” from the basic environmental assessment requirement for projects seeking money from the State Revolving Loan Fund (SRF). We believe the exclusion is not appropriate and have sent a letter to the Rhode Island Department of Health (RIDOH) asking it to deny Providence Water’s request.

As part of its work, Providence Water apparently plans to replace LSLs on public property and give customers the option to accept a 10-year interest free loan to replace the LSLs that run under their private property. However, this practice forces customers to choose between paying for a full LSL replacement or risking greater lead exposure from the disturbance caused by a partial LSL replacement. It is also the basis of a civil rights complaint that Childhood Lead Action Project (CLAP), South Providence Neighborhood Association, Direct Action for Rights and Equality, National Center for Healthy Housing, and EDF filed with the Environmental Protection Agency (EPA) in January.

EPA, which allocates grants to SRF programs has begun to investigate the civil rights issues raised by the complaint, which demonstrated that Providence Water’s practices disproportionately and adversely affect the health of low-income, Black, Latinx, and Native American residents by increasing their risk of exposure to lead in drinking water.

Under federal and state National Environmental Policy Act (NEPA) regulations, SRF projects are not eligible for a categorical exclusion where an “extraordinary circumstance” is present. The discriminatory effects of Providence Water’s LSL replacement practices represent such a circumstance, and the utility should not be eligible for a categorical exclusion unless it changes its LSL replacement practices. Read More »

Posted in Civil rights, Drinking water, Lead / Tagged , , , , | Comments are closed

EPA to release assessment of toxic formaldehyde, rejects industry’s tired delay tactics

By Maria Doa, PhD, Senior Director, Chemicals Policy / Published: April 13, 2022

Maria Doa, Ph.D., Senior Director, Chemicals Policy 

The EPA will release a draft Integrated Risk Information System (IRIS) assessment of formaldehyde, a key scientific review that identifies and characterizes the hazards from chronic exposure to this known carcinogen. The draft assessment, due to be published tomorrow, will be reviewed by the National Academies of Science, Engineering and Medicine (National Academies).

We welcome the EPA’s decision to issue its formaldehyde assessment. Release of the assessment is a win for scientific integrity that follows years of pressure from industry groups and efforts during the previous administration to suppress the assessment. 

The EPA’s IRIS program is the gold standard for identifying and characterizing the hazards that result from exposure to chemicals. Its findings are essential to informing health-based standards that protect frontline communities, workers, children, consumers and more.   Read More »

Posted in Health policy, Health science, Industry influence, Public health / Tagged , , , | Comments are closed

Broken GRAS: A scary maze of questions a corn oil producer couldn’t answer

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: March 25, 2022

Maricel Maffini, consultant and Tom Neltner, Chemicals Policy Director

This blog is the fourth in our Broken GRAS series where we explore the Food and Drug Administration’s (FDA) Generally Recognized as Safe (GRAS) voluntary notification system for novel chemicals added to food, how the process works in practice, and why it is broken. Companies voluntarily submit these notices seeking a “no questions” letter from FDA that makes it easier to market the chemical to food companies.

In our latest blog we address a chemical called “COZ corn oil” developed by the Iowa-based company, Corn Oil ONE. We obtained documents from FDA revealing that the agency twice raised significant concerns about the safety of COZ corn oil with the company, which withdrew its notification without addressing the agency’s questions. As with the other examples in the series, FDA did not make its concerns public or take steps to block the chemical’s use in food.  Read More »

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EDF outlines steps for EPA to strengthen its plan to assess risks to frontline communities

By Maria Doa, PhD, Senior Director, Chemicals Policy / Published: March 24, 2022

Maria Doa, Senior Director, Chemicals Policy

This week Environmental Defense Fund (EDF) filed comments on EPA’s plan to assess the risks to frontline communities from nearby releases of chemicals to the air and water. The EPA’s proposal is an improvement from the previous administration, which failed to follow the requirements of the Toxic Substances Control Act (TSCA) and consider air and water releases and other significant exposure pathways for residents in “fenceline” communities near manufacturing or disposal facilities.

As we made clear in our comments, however, the agency’s planned screening approach is too narrow in scope and would underestimate the real-world risks faced by many communities.

Residents of these frontline communities often face exposure from multiple sources or higher levels of exposure than the general population, or both combined. Failing to consider the full scope of these risks could hamper EPA’s ability to craft protective rules that reduce the risks those living near industrial facilities.

We outline several areas where EPA can strengthen its screening approach Read More »

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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 »

Posted in Civil rights, Drinking water, Lead, 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 »

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