{"id":10783,"date":"2022-01-07T15:51:51","date_gmt":"2022-01-07T20:51:51","guid":{"rendered":"http:\/\/blogs.edf.org\/health\/?p=10783"},"modified":"2025-12-03T14:03:17","modified_gmt":"2025-12-03T19:03:17","slug":"civil-rights-complaint-draws-attention-to-the-discriminatory-impacts-of-common-lead-pipe-replacement-practice","status":"publish","type":"post","link":"https:\/\/blogs.edf.org\/health\/2022\/01\/07\/civil-rights-complaint-draws-attention-to-the-discriminatory-impacts-of-common-lead-pipe-replacement-practice\/","title":{"rendered":"Civil rights complaint draws attention to the discriminatory impacts of common lead pipe replacement practice"},"content":{"rendered":"

Jennifer Ortega<\/a>,<\/em> Research Analyst, Environmental Health<\/span><\/i><\/p>\n

This past Wednesday, Rhode Island\u2019s Childhood Lead Action Project (CLAP) led a coalition of groups in submitting a civil rights complaint to the Environmental Protection Agency (EPA) against the Providence Water Supply Board (Providence Water), pursuant to the Civil Rights Act of 1964.<\/p>\n

The administrative complaint highlights the discriminatory effects that can result when utilities require customers to share the cost of replacing the lead pipes that feed into their homes. The complaint was submitted as part of CLAP\u2019s larger Lead-Free Water RI campaign<\/a>, which calls \u201cfor an equitable, statewide plan for full, free lead pipe replacements for all Rhode Islanders.\u201d<\/p>\n

In the complaint<\/a>, CLAP, South Providence Neighborhood Association, Direct Action for Rights and Equality, National Center for Healthy Housing, and EDF allege that the water utility\u2019s process of replacing lead service lines (LSLs) \u2014 the lead pipes that run from the water main to the water meter in homes \u2014 has a disparate impact on Black, Latinx, and Native American residents in violation of Title VI of the Civil Rights Act of 1964 and EPA\u2019s implementing regulations<\/a>.<\/p>\n

Providence Water\u2019s water main infrastructure work results in a partial LSL replacement – replacing only the lead pipe from the water main to the curb stop – when the customer does not agree to, or cannot afford to, pay to replace the portion of the line on private property. These partial LSL replacements increase the risk of lead in residents\u2019 drinking water. \"\"<\/a>EPA\u2019s Science Advisory Board found in 2011 that partial replacements result in higher lead levels<\/a> in the short-term without the reliable long-term reductions in lead afforded by full replacements.<\/p>\n

Providence Water replaces the part of the LSL on public property at no cost to customers. However, it requires customers pay to replace the part of the LSL on private property, which can cost up to $4,500 as detailed in CLAP\u2019s factsheet<\/a> about the complaint. If homeowners or landlords cannot afford this, or if they choose not to pay, the utility proceeds with the partial LSL replacement that subjects residents to harmful short-term effects and ongoing risks from the lead pipe that remains.<\/p>\n

No one who lives in a home connected to an LSL should have to face the higher lead levels that result from partial replacements while half the lead pipe remains on private property. Instead, everyone should have a realistic opportunity to have the lead pipe fully replaced. Unfortunately, this is not the case. A recently published study<\/a> by Dr. Karen Baehler at American University found that low-income residents are less likely than wealthier residents to pay for the replacement of the LSL on private property, presumably because of financial constraints.<\/p>\n

The City of Providence<\/a> has acknowledged that communities of color are \u201cdisproportionately low-income, reside in neighborhoods with the lowest homeownership rates, and experience higher rates of cost burden.\u201d This is likely due to the history of underinvestment and redlining that continues to economically impact communities of color in the city\u2019s neighborhoods. A researcher at American University (who ran the statistics in the previously mentioned study) provided a demographic analysis for the complaint that displayed the correlation between race and income between residents in Providence Water\u2019s service area.<\/p>\n

The analysis showed that low-income residents in the utility\u2019s service area are more likely to be Black, Latinx, and Native American while wealthier residents tend to be white. These findings indicate that, in general, Black, Latinx, and Native American residents in Providence have less of an ability than white residents to pay for a full LSL replacement, according to the complaint.<\/p>\n

The evidence detailed in the complaint also describes how renters, in particular, suffer the consequences of Providence Water\u2019s practices, since the critical public health decision of fully replacing an LSL is left to their landlords. Landlords may choose not to pay the portion of the LSL replacement – not offering their tenants a choice at all or disregarding their requests. In the utility\u2019s service area, 88% of Native American residents, 69% of Latinx residents, and 64% of Black residents who are \u201chead of household\u201d rent their homes, adding to the disproportionate impacts on people of color.<\/p>\n

The complaint calls on EPA to investigate the issue and to direct Providence Water to:<\/p>\n