EDF Health

Selected tag(s): Childhood Lead Action Project

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

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 »

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

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 »

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The fight to end lead poisoning in Rhode Island: A conversation with Laura Brion

The most common causes of lead poisoning in children in the US are lead-based paint and contaminated dust, which are mainly found in older housing. When present, lead pipes also present the single largest source of lead exposure through water. In Rhode Island, an estimated 80% of the housing was built before 1978, meaning it’s more likely to have lead-based paint hazards and lead pipes and put families, especially children, living in the homes at risk.

The Childhood Lead Action Project was founded in 1992 to take on this challenge, with the mission of eliminating childhood lead poisoning in Rhode Island through education, parent support, and advocacy. The organization does it all: workshops and educational outreach for a wide range of audiences, municipal and state-level advocacy to push proactive policies, grassroots campaigning, and more.

I sat down with Laura Brion, who started as a community organizer with the Childhood Lead Action Project and is now the Executive Director, to learn about her journey into the lead poisoning prevention world and what she sees ahead for her organization’s and community’s fight.   

This interview has been edited for clarity and brevity. 

Read More »

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