EDF Health

Selected tag(s): Lead Service Lines

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.

Read More »

Posted in EPA, lead, Regulation, States / Also tagged , , , | Leave a comment

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.

Read More »

Posted in Drinking Water, lead, Public Health / Also tagged , , , | Comments are closed

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

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. 

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. 

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:

  1. 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.
  2. 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.”
  3. 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.”
  4. 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]

Read More »

Posted in Drinking Water, EPA, Health Policy, lead, Regulation, States / Also tagged , , , | Comments are closed

In a vote for reducing lead exposure and for clean water, House passes lead pipe replacement amendment

Joanna Slaney, Legislative Director, Health and Tom Neltner, J.D., Chemicals Policy Director.

Today is a good day in the fight against lead exposure: the U.S. House of Representatives has passed an amendment to provide $22.5 billion to replace lead service lines (LSL) – the lead pipes connecting the water main under the street to the home – across the country, prioritizing low-income and environmental justice communities. The amendment to the Moving Forward Act (HR 2), was sponsored by Representatives Tlaib, Kildee, Slotkin, Cicilline, and Moore, and it received bipartisan support.

Permanently removing sources of lead is critically important, as there is no safe level of lead exposure. From learning and behavioral problems in children to cardiovascular disease and hypertension in adults – lead exposure has major impacts on our health. And turning on the tap in a home with an LSL is essentially drinking from a lead straw.

That’s why EDF, with our partners, worked to strongly support this amendment. And that’s why we’ve been working on other initiatives that will accelerate replacement of these lead pipes across the country. With an estimated 9.3 million LSLs remaining in 11,000 communities, full replacement will be a massive challenge. But – as EDF has seen with our work recognizing states and communities taking action on LSLs – momentum is building. Our latest estimates show that:

Read More »

Posted in lead, Public Health / Also tagged , | Comments are closed

A closer look at the environmental justice implications of EPA’s proposed lead in water rule

Tom Neltner, J.D., Chemicals Policy Director, Lindsay McCormick, Program Manager, and Sam Lovell, Project Manager.

See all blogs in our LCR series.

Household-level changes that depend on ability-to-pay will leave low-income households with disproportionately higher health risks.

 

EPA Environmental Justice Analysis of the proposed rule.

Reviewing a rulemaking docket can be intimidating, especially for a major rule like the Environmental Protection Agency’s (EPA) proposed revisions to its Lead and Copper Rule (LCR), which includes 853 supporting documents and tens of thousands of pages. Though we cannot claim to have read all of the documents, we did a targeted scan of key materials, knowing that they often yield insights and results that are lost in the summary that appears in the Federal Register. 

The effort for us paid off when we read EPA’s Environmental Justice (EJ) Analysis of the LCR proposal revisions (the Proposal), commissioned in response to Executive Order 12898. The Order directs agencies to identify and address, “as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations” in rulemaking. The agency’s contractor essentially found:

  • The current LCR disproportionately impacts low-income and minority populations as they are more likely to live in older housing that has lead service lines (LSLs), the most significant source of lead in drinking water.
  • The Proposal’s corrosion control requirements should help reduce current disparities. Because water treatment is consistent across an entire community, stronger requirements that reduce the ability of lead to leach into water from LSLs, leaded solder, and other sources should mitigate, but not eliminate, the disproportionate burden in homes with LSLs.
  • The Proposal may make disparities worse if it depends on individual household’s ability to pay for LSL replacement (LSLR). The report stated that “Household-level changes that depend on ability-to-pay will leave low-income households with disproportionately higher health risks.”[1]

In the Federal Register notice, EPA glossed over the third point and concluded that the Proposal is “not expected to have disproportionately high and adverse human health or environmental effects on minority populations and low-income populations.”[2] The agency ignores the fact that the Proposal makes no change to the current LCR provisions that rely on a household’s ability to pay when it says water systems are “not required to bear the cost of removal of the portion of the [LSL] it does not own.”[3] We are aware of only a small – but growing – number of communities that have funding options to assist households with the cost of LSLR on private property.

Read More »

Posted in Drinking Water, EPA, Health Policy, lead, Regulation / Also tagged , , | Comments are closed

Promising proposal for addressing lead in schools and licensed child care – but gaps remain

Lindsay McCormick, Program Manager, and Tom Neltner, J.D., Chemicals Policy Director 

See all blogs in our LCR series.

Update: On February 5, 2020, we submitted comments to the Environmental Protection Agency (EPA) on its proposal. 

Through its proposed revisions to the Lead and Copper Rule (LCR) under the Safe Drinking Water Act (SDWA), EPA made the unprecedented move of proposing to require community water systems (CWSs) to test for lead in water at all schools and licensed child care facilities constructed prior to 2014. The current rule only requires testing if the facility is itself a regulated water system (e.g., uses own private well). While EDF fully supports testing in these facilities, we are concerned that EPA has overlooked several major issues, especially in the child care context.

Based on our experience – including a pilot project to test and remediate lead in 11 child care facilities, a training program for child care providers in Illinois, and monitoring of state child care testing requirements across the country – we believe that addressing lead in child care facilities is an important opportunity to improve public health. Though schools are also critical, we’ve focused on child care facilities as they present a major gap due to a number of reasons. First, children under the age of six are more susceptible to the harmful effects of lead – and those at the highest risk are infants who are fed formula reconstituted with tap water. Second, child care, especially home-based facilities, are often smaller operations than schools, and therefore more likely to have a lead service line. Finally, child care facilities often lack robust facility support and public accountability that schools may have.

From our background on this issue, we have identified three key flaws with EPA’s proposal. Specifically, it:

  1. Ignores lead service lines,
  2. Relies on inadequate sampling, and
  3. Does not provide sufficient support for remediation.

We also are concerned that the result of this proposed rule may sound like “one hand clapping.” If state licensing agencies and local health departments are not requiring or promoting testing, child care facilities are unlikely to cooperate, making it more difficult for CWSs to comply with the requirement. For this requirement to have greatest effect, CWSs need the support and participation of all parties involved.

This blog will provide an overview of EPA’s proposed requirement and an analysis of each of the key issues. Read More »

Posted in EPA, Health Policy, lead, Regulation, States / Also tagged , , , , | Comments are closed