EPA finalizes lead contamination rule

WASHINGTON (Reuters) – The U.S. Environmental Protection Agency on Tuesday finalized the first update of regulations of lead in drinking water in 30 years, a move it said strengthens federal rules but that environmental critics say is a missed opportunity to carry out the kind of regulatory overhaul needed to ensure safety.

EPA Administrator Andrew Wheeler announced the final rule at a virtual news conference alongside the mayor of Flint, Michigan, Sheldon Neeley, saying it strengthened “every aspect” of the existing regulation and would protect children and communities from lead exposure.

“For the first time in nearly 30 years, this action incorporates best practices and strengthens every aspect of the rule, including closing loopholes, accelerating the real world pace of lead service line replacement, and ensuring that lead pipes will be replaced in their entirety,” Wheeler said in a statement.

The update of the lead and copper rule was a response to the 2014 Flint water crisis, when the predominantly Black city of 100,000 switched its drinking water supply from Detroit’s system to the Flint River to save money, unleashing water contamination that led to elevated lead levels in children’s blood.

The rule would require utilities to notify customers of high lead concentrations within 24 hours of detection – down from 30 days – and require testing for lead in elementary schools and childcare facilities for the first time. It would also require water systems to identify and notify the public about the locations of lead service lines.

But environmental groups criticized the final rule for failing to speed up the replacement of lead pipes, a requirement they say is crucial to protect communities’ drinking water.

The final rule says that in communities where high lead levels are found, utilities must replace 3% of lead water lines compared with the previous requirement of 7%.

“If you have the chance to make the first major revisions in 30 years, you need to really solve this problem. The EPA should speed up replacements of lead pipes, not slow them down,” said Suzanne Novak, an attorney for Earthjustice.

(Reporting by Valerie Volcovici in Washington; Editing by Matthew Lewis)

Reuters finds 3,810 U.S. areas with lead poisoning double Flint’s

Reuters finds 3,810 U.S. areas with lead poisoning double Flint’s

By M.B. Pell and Joshua Schneyer

(Reuters) – Since last year, Reuters has obtained neighborhood-level blood lead testing results for 34 states and the District of Columbia. This data allows the public its first hyper-local look at communities where children tested positive for lead exposure in recent years.

While the number of children with high lead levels has plummeted across the U.S. since lead paint and gasoline were phased out in the 1970s and 1980s, many communities remain exposed to the toxic heavy metal, the data show.

In all, Reuters has identified 3,810 neighborhood areas with recently recorded childhood lead poisoning rates at least double those found across Flint, Michigan, during the peak of that city’s water contamination crisis in 2014 and 2015. Some 1,300 of these hotspots had a rate of elevated blood tests at least four times higher than Flint’s.

Reuters defined an elevated result as any test higher than the Centers for Disease Control and Prevention’s current reference number of 5 micrograms per deciliter, the level at which the agency recommends a public health intervention.

The news agency obtained the data, broken down by census tract or zip code, from state health departments or the CDC through records requests. U.S. census tracts are small county subdivisions averaging 4,000 residents. Zip codes have average populations of 7,500.

This newest map reflects additional data obtained this year, and includes some changes to data initially published by Reuters in a map last December.

The map now includes testing data for additional states and cities: Kansas, Georgia, Tennessee, Vermont, North Carolina, New York City and Washington, DC.

The newly identified communities with high rates of elevated childhood lead levels include a historic district in Savannah, Georgia, areas in Rutland, Vermont, near the popular skiing mountain Killington, and a largely Hasidic Jewish area in Brooklyn.

The updated map includes other minor changes. Recently, the CDC provided testing results to correct data it previously released to Reuters for Pennsylvania, Ohio, New Jersey, Virginia and Louisiana. Responding to earlier records requests, the CDC mistakenly released test results for all children under 16, though the news agency requested testing results for children under six – the age group most likely to be affected by lead exposure.

Still, even with the updated CDC data, the number of areas with high rates of elevated lead tests increased or remained about the same in each state.

The map now features zip code level data for Los Angeles County, California, provided by the state’s Department of Public Health. An earlier version featured census tract level results, but reporters discovered the county’s epidemiologist had misclassified some of them. The county has declined to provide corrected data.

(Editing by Ronnie Greene)

Michigan sues Flint over failing to approve long-term water deal

FILE PHOTO - The Flint Water Plant tower is seen in Flint, Michigan, U.S. on February 7, 2016. REUTERS/Rebecca Cook/File Photo

By Suzannah Gonzales and Chris Kenning

(Reuters) – Michigan sued the city of Flint on Wednesday in federal court over its failure to approve a long-term drinking water source for residents.

Flint switched its water supply in 2014, sparking a crisis that was linked to an outbreak of Legionnaires’ disease and at least 12 deaths, as well as exposure of residents to dangerously high lead levels. Since October 2015, the city has obtained its water from the Great Lakes Water Authority.

But the Flint city council’s refusal this week to approve a long-term agreement with the supplier, negotiated by the city’s mayor, without proposing a reasonable alternative, will “cause an imminent and substantial endangerment to public health in Flint,” according to the lawsuit filed by the Michigan Department of Environmental Quality in U.S. District Court in Detroit.

The state is asking the court to bar Flint from changing water sources and adopt the long-term agreement.

“While disappointing that the state and federal government are now involved in making a decision we as city leaders should be making for Flint, I cannot say that I am surprised,” Flint Mayor Karen Weaver said in a statement. She added that her plan was best option.

Instead of approving the long-term agreement, the city council voted on Monday to extend until September its contract with the Great Lakes Water Authority, local media reports said.

City Council President Kerry Nelson told the Detroit News the state’s June 26 deadline was too rushed for council members, who needed more time to examine the deal.

Michigan Governor Rick Snyder and state officials on Wednesday called on the council to approve the mayor’s deal.

“The city is well on its way to a full recovery, and to hinder that progress now would be a major and costly setback for residents,” Snyder’s spokeswoman, Anna Heaton, said.

The crisis erupted in 2015 after tests found high amounts of lead in blood samples taken from children in the industrial city of about 100,000, whose population is predominantly black.

The city had started using the Flint River for water in 2014. Water to Flint from the Great Lakes Water Authority comes from Lake Huron.

The more corrosive river water caused lead to leach from pipes and into the drinking water. Lead levels in Flint’s drinking water have now fallen below levels considered dangerous by federal regulators.

Earlier this month, six current and former Michigan and Flint officials were criminally charged for their roles in the crisis.

(Reporting by Suzannah Gonzales and Chris Kenning in Chicago; Editing by G Crosse, Matthew Lewis and David Gregorio)

Exclusive: CDC considers lowering threshold level for lead exposure

CDC building

By Joshua Schneyer and M.B. Pell

NEW YORK (Reuters) – The U.S. Centers for Disease Control and Prevention is considering lowering its threshold for elevated childhood blood lead levels by 30 percent, a shift that could help health practitioners identify more children afflicted by the heavy metal.

Since 2012, the CDC, which sets public health standards for exposure to lead, has used a blood lead threshold of 5 micrograms per deciliter for children under age 6. While no level of lead exposure is safe for children, those who test at or above that level warrant a public health response, the agency says.

Based on new data from a national health survey, the CDC may lower its reference level to 3.5 micrograms per deciliter in the coming months, according to six people briefed by the agency. The measure will come up for discussion at a CDC meeting January 17 in Atlanta.

But the step, which has been under consideration for months, could prove controversial. One concern: Lowering the threshold could drain sparse resources from the public health response to children who need the most help – those with far higher lead levels.

The CDC did not respond to a request for comment.

Exposure to lead – typically in peeling old paint, tainted water or contaminated soil – can cause cognitive impairment and other irreversible health impacts.

The CDC adjusts its threshold periodically as nationwide average levels drop. The threshold value is meant to identify children whose blood lead levels put them among the 2.5 percent of those with the heaviest exposure.

“Lead has no biological function in the body, and so the less there is of it in the body the better,” Bernard M Y Cheung, a University of Hong Kong professor who studies lead data, told Reuters. “The revision in the blood lead reference level is to push local governments to tighten the regulations on lead in the environment.”

The federal agency is talking with state health officials, laboratory operators, medical device makers and public housing authorities about how and when to implement a new threshold.

Since lead was banned in paint and phased out of gasoline nearly 40 years ago, average childhood blood lead levels have fallen more than 90 percent. The average is now around 1 microgram per deciliter.

Yet progress has been uneven, and lead poisoning remains an urgent problem in many U.S. communities.

A Reuters investigation published this month found nearly 3,000 areas with recently recorded lead poisoning rates of at least 10 percent, or double those in Flint, Michigan, during that city’s water crisis. More than 1,100 of these communities had a rate of elevated blood tests at least four times higher than in Flint.

In the worst-affected urban areas, up to 50 percent of children tested in recent years had elevated lead levels.

The CDC has estimated that as many as 500,000 U.S. children have lead levels at or above the current threshold. The agency encourages “case management” for these children, which is often carried out by state or local health departments and can involve educating families about lead safety, ordering more blood tests, home inspections or remediation.

Any change in the threshold level carries financial implications. The CDC budget for assisting states with lead safety programs this year was just $17 million, and many state or local health departments are understaffed to treat children who test high.

Another concern: Many lead testing devices or labs currently have trouble identifying blood lead levels in the 3 micrograms per deciliter range. Test results can have margins of error.

“You could get false positives and false negatives,” said Rad Cunningham, an epidemiologist with the Washington State Department of Health. “It’s just not very sensitive in that range.”

The CDC doesn’t hold regulatory power, leaving states to make their own decisions on how to proceed. Many have yet to adapt their lead poisoning prevention programs to the last reference change, implemented four years ago, when the level dropped from 10 to 5 micrograms per deciliter. Other states, including Virginia and Maine, made changes this year.

The U.S. Department of Housing and Urban Development is close to adopting a rule requiring an environmental inspection – and lead cleanup if hazards are found – in any public housing units where a young child tests at or above the CDC threshold.

If the CDC urges public health action under a new threshold, HUD said it will follow through. “The only thing that will affect our policy is the CDC recommendation for environmental intervention,” said Dr. Warren Friedman, with HUD’s Office of Lead Hazard Control and Healthy Homes.

To set the reference value, the CDC relies upon data from the National Health and Nutrition Survey. The latest data suggests that a small child with a blood lead level of 3.5 micrograms per deciliter has higher exposure than 97.5 percent of others in the age group, 1 to 5 years.

But in lead-poisoning hotspots, a far greater portion of children have higher lead levels. Wisconsin data, for instance, shows that around 10 percent of children tested in Milwaukee’s most poisoned census tracts had levels double the current CDC standard.

Some worry a lower threshold could produce the opposite effect sought, by diverting money and attention away from children with the worst exposure.

“A lower reference level may actually do harm by masking reality – that significant levels of lead exposure are still a problem throughout the country,” said Amy Winslow, chief executive of Magellan Diagnostics, whose blood lead testing machines are used in thousands of U.S. clinics.

(Edited by Ronnie Greene)