EPA urges states to locate lead water lines as required
WASHINGTON — The U.S. Environmental Protection Agency on Monday sent letters to governors and water regulators across the U.S. promising greater enforcement of rules to protect citizens from lead in drinking water in the wake of the crisis in Flint, Mich., and urging every state to locate lead water lines as required.
As the Detroit Free Press reported Sunday, millions of lead service lines remain buried in cities across the nation but in many cases water utilities are uncertain where those lines are, making it difficult if not impossible for them to be sure those utilities are testing for lead at sites considered the most likely to have contamination as required by the EPA.
The agency, which has been criticized by some for not moving more quickly in Flint after learning of high levels of lead in at least one home last February and, two months later, that the water system was not practicing corrosion control as was required, also said it is is "increasing oversight of state programs to identify and address any deficiencies."
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The EPA outlined its plans in two letters sent Monday: One, from agency Administrator Gina McCarthy to governors in 49 states, and a second, with more detail, from Deputy Assistant Administrator Joel Beauvais in the EPA Office of Water to state regulators. The state of Wyoming did not get letters because it has not taken primary responsibility for drinking water, so it remains with EPA.
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In January, McCarthy issued an emergency order taking over testing and putting other requirements on Michigan and the city of Flint, saying they were delaying implementation of recommendations made by the federal agency. That came, however, some 20 months after Flint switched water sources and the state Department of Environmental Quality, with primary responsibility, failed to require corrosion control, which apparently allowed lead to leach from aging lines into residents' taps.
While the state DEQ has borne most of the blame, EPA has been criticized for not moving more decisively to restore corrosion control and react to fears of widespread lead contamination after the state acknowledged in April of last year that it did not believe it had to require corrosion control under the 25-year-old Lead and Copper Rule at that point. It has since acknowledged the mistake.
McCarthy said in her letter that her staff "will be meeting with every state drinking water program across the country to ensure that states are taking appropriate action to identify and address" issued of lead levels being above acceptable levels. She also called for states to do more to ensure that the public receives "better and quicker" information on lead risks.
Location of lead water lines often a city's mystery
In a letter drawing more specifics, Beauvais called on states to confirm that their drinking water programs are meeting the protocols and procedures set out in the Lead and Copper Rule, a complex regulation that requires water systems to test a number of sites for lead, but only requires actions if more than 10% of the homes show levels over 15 parts per billion.
The letters seemed indicative of more stringent oversight on the way, as state regulators were urged to ensure that strict sampling protocols were used and guidance for identifying so-called "Tier 1" sites — those where the worst potential problems with lead could lurk — were made public.
They also said state regulators should review more carefully the results of lead samples taken at homes, as well as justifications for systems deeming some results invalid. Michigan DEQ in November raised questions with Flint, saying it could only confirm that six of the sites it used for sampling, out of more than 200 over the years, were definitely from homes served with lead services lines.
It also made mention of a requirement that systems conduct a "materials evaluation" and attempt to locate all their lead service lines. Federal rules require each water system to attempt to identify its lead lines but EPA has acknowledged in the past that those evaluations didn't result in utilities assessing their lead pipes system-wide, potentially making it more difficult to know where the worst sites may be.
"These actions are essential to restoring public confidence in our shared work to ensure safe drinking water," wrote Beauvais, who asked state regulators across the country to respond to "activities in these areas" in the next month.
Given that EPA has often been criticized for overreach, it was unclear how governors and state regulators would react. Even in Michigan, after the DEQ acknowledged it had misapplied the law, officials questioned EPA's authority to issue the emergency order, even though it's clear by the Safe Drinking Water Act that it has such authority.
Follow Todd Spangler on Twitter: @tsspangler