EDF Health

Selected tag(s): States

FDA-approved PFAS and drinking water – Q&A on textile mills and environmental permits

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: June 21, 2018

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

In May 2018, we released a blog highlighting paper mills as a potentially significant source of drinking water contamination from 14 Food and Drug Administration (FDA)-approved poly- and per-fluorinated alkyl substances (PFAS) used to greaseproof paper. We showed that wastewater discharge could result in PFAS concentrations in rivers in excess of the Environmental Protection Agency (EPA)’s 70 parts per trillion (ppt) health advisory level for drinking water contamination for PFOA and PFOS, the most studied of the PFASs. We identified 269 paper mills with discharge permits that warrant investigation. Readers of the blog have asked some important questions highlighted below. As with most issues involving PFAS, there are many gaps in what we know. Based on the information provided in response to EDF’s Freedom of Information Act (FOIA) request to FDA, we hope to fill in some of the gaps and highlight key information needed to better understand the risks of PFASs.  

Question 1: Could textile mills also be a source of PFASs in drinking water?

The answer is “probably.” The FDA-approved PFASs can be used in coating paper that contacts food to repel oil, grease, and water. The same or similar FDA-approved PFASs may be used for non-food uses such as coating textiles to resist stains and repel water.

The processes used to coat paper and textiles differ in some aspects that could affect a mill’s environmental releases. For paper, the PFASs are typically added to the wet wood fibers to be made into paper. In contrast, we understand that PFASs are applied to textiles after the water is removed. Therefore, we would suspect that the amount of PFASs, whether as polymers or impurities, released with the wastewater of a textile mill would be lower compared to that of a typical paper mill. However, there is very little data available to assess the potential environmental release of PFASs from textile mills. Unlike with FDA approvals, there is no environmental review of a chemical’s use in non-food consumer products.[1] So, it would be worthwhile to investigate textile mills for use of PFASs in addition to looking at paper mills.

Using an EPA database[2], we identified 66 textile mills (PDF and EXCEL) in the US, two thirds of which are located in North and South Carolina. Based on wastewater flow, the two largest mills are both operated by Milliken. Its largest facility is in Greenville, South Carolina with a water discharge of 72 million gallons per day (MGD). The second largest is in Bacon, Georgia with a water discharge of 15 MGD. DuPont’s Old Hickory facility, near Nashville, Tennessee, had the third greatest flow at 10 MGD. We do not know whether any of the facilities use and discharge FDA-approved PFASs.

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Posted in Drinking water, FDA, Food, Health policy, Health science, Public health, Regulation / Also tagged , , , , , , , | Authors: / Comments are closed

Pennsylvania empowers municipalities to replace lead service lines

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: December 11, 2017

[pullquote]Pennsylvania was already one of the 11 states taking proactive efforts to support LSL replacement since 2015. HB-674 expands that effort.  Check our website for what states and communities are doing. [/pullquote]Tom Neltner, J.D., is Chemicals Policy Director

In October 2017, the Pennsylvania General Assembly passed and Governor Wolf signed HB-674 which implements the State’s 2017-18 budget. Section 1719-E of the law includes a provision empowering municipal authorities to replace or remediate private water and sewer laterals if the municipality determines the work “will benefit the public health.” Read More »

Posted in Drinking water, Health policy, Lead, Public health, Regulation / Also tagged , , , | Authors: / Comments are closed

Wisconsin on the verge of taking an important step to replacing its lead pipes

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: December 6, 2017

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

In 2012, Madison, Wisconsin became the first city in the country to fully eliminate its lead service lines (LSLs), the lead pipes that connect the drinking water main under the street to interior plumbing. The project to replace its 8,000 known LSLs began in 2000. The City’s effort is a model of persistence and common sense as it overcame many barriers including challenges with the Public Service Commission of Wisconsin (PSC).

The PSC blocked the use of rates paid by customers to fund replacement of lead pipes on private property. The PSC, whose mission is to ensure adequate and reasonably priced water service, was concerned that customers without LSLs would be subsidizing improvements to the property of those with LSLs. Unlike most state commissions which are responsible for utilities operated by private companies, PSC approves rates for municipal and private utilities. Eventually, Madison used a different source of funding for its $15.5 million LSL replacement program.

Currently, the Wisconsin State Legislature is on the cusp of passing legislation to remove this barrier faced by Madison and empower communities to better protect residents from lead in drinking water. SB-48, introduced by Senator Cowles (R-Green Bay) and co-sponsored by Representative Thiesfeld (R-Fond du Lac), has passed both chambers. When the legislature returns to session in January 2018, they will need to resolve a difference between the two versions regarding the maximum amount of financial assistance allowed to homeowners. To hear from both authors on the legislation, check out the webinar from the National Conference of State Legislatures regarding financing options for replacing LSLs.

With passage of the legislation, Wisconsin would be the fourth state to pass essential legislation empowering communities to replace LSLs, using rates paid by consumers, joining Indiana, and Pennsylvania. They are among 12 states that have adopted administrative or legislative policies to support community LSL replacement.  These states have an estimated 3.3 million of the nation’s 6.1 million LSLs.

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Eleven states support community lead pipe replacement with proactive policies

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: October 16, 2017

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

The largest source of lead in drinking water is lead service lines (LSLs) – the lead pipes connecting the water main under the street to homes and other buildings. Across the country, three dozen communities, large and small, are taking steps to protect public health and respond to concerns by replacing LSLs.

States play an essential role in helping or hindering progress by communities to replace LSLs by administering EPA drinking water rules, distributing federal funded loans, and approving rates some utilities charge customers.

We identified 11 states with proactive policies supporting community efforts to replace LSLs. These states have almost 3 million LSLs based on a 2016 estimate by the American Water Works Association: just short of half the nation’s LSLs. The 11 states are making a positive difference by:

A cross section of lead pipes. Photo Credit: Georgia Health News

  • Empowering communities with grants like Wisconsin, Virginia, Vermont, and New York have done;
  • Providing options to use rate funds like Indiana and Pennsylvania have done;
  • Requiring inventories of LSLs like Illinois, California, Washington, Indiana, and Ohio have done;
  • Setting long-term goals of fully removing all LSLs like California, Washington, and Michigan have done; and
  • Helping prospective homebuyers know whether the home has an LSL.

These policies won’t ensure that all 3 million LSLs are replaced, but it takes the states one step closer to achieving the goal that in 20 years no one will be drinking water through a lead pipe.

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Report: Grading the nation on lead pipe disclosure policies

By Lindsay McCormick / Published: March 14, 2017

Lindsay McCormick is a Project Manager.  

When purchasing a home, buyers expect to be informed about deficiencies, defects, or environmental hazards on the property. Since 1996, there have been federal policies to alert buyers about lead in paint. However, the likelihood that a buyer will be told their prospective home has lead pipes, including a lead service line, depends on the state in which they live.

Lead service lines (LSLs) – the lead pipes connecting water mains under the street to homes and other buildings – are the primary source of lead in drinking water. Up to 10 million homes across the nation continue to receive water through LSLs, putting millions at risk of lead exposure. Homebuyers deserve to know about this liability when they choose a home and negotiate a price. When done properly, removing the full LSL significantly reduces the risk of lead exposure.

Environmental Defense Fund (EDF) analyzed and graded the housing disclosure policies of all U.S. states and the District of Columbia according to their ability to help homebuyers make informed decisions about LSLs before they sign a sales contract by assessing state disclosure laws, required disclosure forms, and voluntary disclosure forms.  We did not address the extent to which LSLs are actively being disclosed under each policy. Read More »

Posted in Drinking water, Lead / Also tagged , | Authors: / Comments are closed

California requires replacement of all lead service lines – but vigilance needed on implementation

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 19, 2017

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

In 2016, California became the first state in the country to make enforceable commitments to eliminating all lead service lines (LSLs) in the state.  These lead pipes that connect the main under the street to homes are the primary source of lead in drinking water and unpredictably release lead particulate when disturbed.  Under the leadership of Senator Connie Leyva, the state’s Senate voted unanimously, and the Assembly voted 72 to 7 to pass SB1398 to require drinking water utilities to inventory LSLs in use and then provide the State Water Resources Control Board (Water Board) a timeline for replacement of the lines.

Based on a national survey of utilities, the American Water Works Association reported that California has 65,000 LSLs out of 6.1 million nationally.  Large utilities have the most with 46,000 LSLs, medium systems have 4,700 and small systems have 15,000.  However, most utilities do not have an accurate inventory of LSLs, so the true number may be much greater.

California’s SB1398 recognized that an accurate inventory was critical and laid out a thoughtful two-step plan to accomplish the objective of full LSL replacement.  By July 1, 2018, it requires public water systems (PWS) to submit an inventory of known LSLs and a timeline for their replacement.  Two years later, PWSs must submit an updated inventory of LSLs and provide a timeline to replace any service line where it may be made of lead.  The law does not set a deadline for replacement that PWSs must meet.

This two-step approach makes replacing known LSLs the highest priority and, by essentially presuming that a service line is lead unless known otherwise, also creates an incentive for PWSs to develop accurate inventories in the next three years.

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