EDF Health

Selected tag(s): Lead

Taking on the lead challenge: State and community action accelerates across the country

By Sam Lovell / Published: September 3, 2019

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

In January, we reported on the tremendous progress made by states and communities in 2018 to replace lead service lines (LSLs) – the estimated 6.1 million lead pipes across the country that connect homes and other buildings to the water main under the street. At that time, our tracker stood at 95 communities and 16 states working to replace LSLs.

Half a year later, and the total number of communities (including municipalities and water utilities) EDF has learned of that are leading the way has swelled to 181.[1]

  • 7 communities located in Massachusetts, Michigan, Oregon, South Dakota, Washington, and Wisconsin have publicly announced that they completely replaced all known LSLs.
  • 108 communities have publicly set a goal of eliminating LSLs on public and private property, totaling more than 381,000 LSLs. Nearly ¾ of these communities are served by the investor-owned utility, American Water’s, operations in Missouri (34 communities), Indiana (27 communities), and Pennsylvania (19 communities). For the remaining states, Wisconsin is leading the way with 11 communities followed by Michigan with five; Colorado and Massachusetts with two; and Arizona, Arkansas, Montana, New Jersey, and Washington each with one.
  • 66 communities are publicly taking steps to replace LSLs but have not yet set a goal of full replacement. These communities include 15 in Wisconsin; 12 in New York; 11 in Illinois; seven in Michigan and Massachusetts; five or fewer in Colorado, Iowa, Kentucky, Minnesota, New Jersey, Ohio, Pennsylvania, Rhode Island, Texas, Vermont, and Virginia; and Washington, D.C.

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Lead from new “lead-free” brass faucets? An update on progress

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: August 21, 2019

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

[Update: On 10/23/19, the NSF committee responsible for revising NSF 61 tentatively agreed to tighten the limits on lead leaching from new faucets and drinking fountains. The committee will move forward with a formal vote and, if approved, will receive public comment on the proposed changes.]

Last year, we discovered and reported in a blog, that some new brass faucets that meet existing standards and are labelled “lead-free” can still leach significant amounts of lead into water in the first few weeks of use. Here, we answer some questions that have come up and provide an update on efforts to revise the NSF/ANSI 61 standard to better protect and inform consumers.

Last November, the committee responsible for revising the NSF/ANSI 61 standard convened a group to consider an optional certification for faucets that meet a more protective limit. A study of more than 500 models of faucets showed that 73% of faucets leach less lead into water and can meet a limit that is five times more protective for children. However, currently there is no easy way to identify these “lower lead” models. The optional certification would enable consumers, schools, and child care facilities to identify and purchase faucets that leach less lead to drinking water.

Unfortunately, as described later in this blog, representatives of the brass faucet manufacturers have worked to block the optional certification. As of August 2019, the committee has not decided whether to move forward with a proposal for the optional certification to receive public notice and comment. If the committee fails to move forward, we anticipate that some major retailers that sell brass faucets and other major buyers such as school districts and builders would use their leverage to set higher standards in their purchasing specification that favors models performing better on the NSF/ANSI 61 lead leaching test.

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Denver Water proposes innovative plan to remove an estimated 75,000 lead service lines in 15 years

By Lindsay McCormick / Published: August 15, 2019

Lindsay McCormick, is a Program Manager. Tom Neltner, J.D., is the Chemicals Policy Director.

Update (12/18/19): EPA approved Denver Water’s Lead Reduction Program on December 16, 2019. The utility will start implementing the program in 2020. 

Yesterday, Denver Water’s board approved its proposed “Lead Reduction Program Plan” to fully replace the estimated 75,000 lead service lines (LSLs) in their system within 15 years.  The plan is an innovative solution that will remove the primary source of lead within Denver Water’s system, while avoiding the use of orthophosphate that can further exacerbate nutrient pollution problems in rivers, streams and oceans, an issue EDF’s Ecosystems team is working hard to solve.

As proposed, Denver Water would fund full replacement of LSLs through water rates, bonds and sales of new connections to the system, hydropower production and other sources rather than have individual property owners contribute.  In addition, the utility’s proposal to provide filters to residents until their LSLs are replaced represents a model other communities should consider based on the effectiveness of their ongoing pilot.  Before implementing the plan, Denver Water will need to receive approval from the Environmental Protection Agency (EPA).

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Too much cadmium and lead in kids’ food according to estimates by FDA

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: May 7, 2019

Tom Neltner, J.D., Chemicals Policy Director and Maricel Maffini, Ph.D., Consultant

The Food and Drug Administration (FDA) released a study in April estimating young children’s exposure to lead and cadmium from their diets and identifying food groups that are a significant source of these heavy metals. The study used data from the agency’s Total Diet Study (TDS) program for 2014 to 2016 and the Center for Disease Control and Prevention’s (CDC) What We Eat in America (WWEIA) Survey for 2009 to 2014.[1]

The study is a reminder of how pervasive heavy metals are in children’s diets and that, while the levels are relatively low, the cumulative exposure is significant. Based on FDA’s analysis (Table 1 below), we estimate that about 2.2 million children exceeded the agency’s maximum daily intake (MDI) for lead at a given time. The results for cadmium are new and worrisome, with estimated daily intake (EDI) levels that are 3 to 4 times greater than lead. And while FDA has not yet set an MDI limit for cadmium, the average young child exceeds most of the relevant daily exposure limits set by other agencies. Clearly, cadmium warrants greater attention, but note that the evidence of neurotoxicity is still emerging.

Table 1: Young children’s estimated dietary intake (EDI) of lead and cadmium based on FDA’s TDS results for years 2014 to 2016 (based on hybrid method)

Age GroupLead Mean EDI Lead 90th Percentile EDICadmium Mean EDICadmium 90th Percentile EDI
1-6 years1.8 µg/day2.9 µg/day6.8 µg/day11.0 µg/day
1-3 years1.7 µg/day2.6 µg/day5.8 µg/day9.7 µg/day
4-6 years2.0 µg/day3.1 µg/day7.8 µg/day12.1 µg/day
LimitsFDA’s MDI is 3.0No MDL set by FDA. Intake exceeded most limits set by other agencies

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Latest available national data shows increase in blood lead levels for at least 2 million kids

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: April 15, 2019

Tom Neltner, J.D., Chemicals Policy Director

In February, the Centers for Disease Control and Prevention (CDC) released a report summarizing the biomonitoring data from its National Health and Nutrition Examination Survey (NHANES). Given EDF’s focus on protecting children from lead exposure, we went straight to the most recent blood lead monitoring results. The results are disturbing. As shown in Figure 1 below, after years of progress, in 2015-16 the blood lead levels (BLLs) of more than 2 million young children[1] increased:

  • Average child BLL: 48% BLL decrease from 2007-8 to 2013-14 but only a 3% decrease in 2015-16.
  • 75th percentile BLL (75% of children are below this level): 51% decrease from 2007-8 to 2013-14 but a 2% increase in 2015-16.
  • 90th percentile BLL: 51% decrease from 2007-8 to 2013-14 but an 18% increase in 2015-16.
  • 95th percentile BLL: 45% decrease from 2007-8 to 2013-14 but a 23% increase in 2015-16.

As with the smaller uptick in 2007-08 (which may have been related to the housing crises), it may only be short-term setback, nonetheless it bears careful examination.

Even more disturbing is the Trump Administration’s response to this information. The Administration:

  • Ignored the data in the rosy picture of progress it painted in its recent Lead Action Plan; and
  • Appears to be repeating mistakes of the past by proposing to slash CDC’s childhood lead poisoning prevention budget in half.

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Laws in states with the most lead service lines support using rates to fund replacement on private property: New analysis

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: April 2, 2019

Tom Neltner, J.D., Chemicals Policy Director

[pullquote]We found no explicit barriers to using rate funds to replace the lines on private property in the 13 we focused on. These states have an estimated 4.2 million LSLs, more than two-thirds of the nation’s total [/pullquote]Lead service lines (LSLs) – the lead pipes that connect a building’s plumbing to the water main under the street – are a significant source of lead in drinking water for those homes that have them. In light of the well-documented benefits to society from reducing children’s exposure to lead, there is a consensus that we need to replace the estimated six million LSLs remaining in the country. It will take time, but it needs to be done.

One challenge to this goal is how to fund replacement of the portion of the service line on private property. Because LSLs extend from under the street to a building, typically about half of the line is on public property and half is on private property. The perception among utilities has been that they do not have the legal authority to use rates paid by customers to cover the cost of replacing the portion on private property because it provides a benefit only to that property owner. This view was reinforced when the Wisconsin Public Service Commission blocked Madison from doing it, forcing the city to use other funds to complete the work. That decision from the early 2000s came before the risks of even low-level exposure to lead were well understood.

Many utilities have therefore taken to replacing only the portion of the LSL on public property when the property owner is unwilling or unable to pay to replace the portion on private property. The practice, often called “partial replacement,” is not only inefficient but can actually exacerbate residents’ exposure to lead. As evidence of the risks of even low-level exposure to lead—and of the society-wide benefits of reducing lead exposure—have mounted and the tragedy in Flint, Michigan made clear the need to replace LSLs, states like Indiana, Missouri, New Jersey, Pennsylvania and even Wisconsin, have adopted new laws or policies that have allowed funds from rates, with some limitations, to be used to replace the side on private property. Michigan has gone further and adopted rules mandating the practice, although some utilities have challenged the rule in court.

Given the funding challenge and the trends in the states, EDF partnered with the Emmett Environmental Law & Policy Clinic at Harvard Law School to review the state laws and policies in the 13 states with the most LSLs. Clinic Deputy Director Shaun Goho and law student Marcello Saenz conducted a state-by-state review of the laws, court decisions, and policies. The authors:

Found no explicit barriers to using rate funds to replace the lines on private property. These states have an estimated 4.2 million LSLs, more than two-thirds of the nation’s total. In these states, publicly-owned utilities can act pursuant to existing state legislation by determining that the practice serves a public purpose—protecting public health. Investor-owned utilities can do the same, but typically need approval of the state’s utility commission. While we have not reviewed the remaining states, we anticipate that the state laws and policies are similar to the ones we evaluated.

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