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Latest Revisions to the Lead and Copper Rule

Analies Dyjak @ Thursday, January 7, 2021 at 11:48 am -0500

Analies Dyjak, M.A. | Head of Policy and Perspectives
Updated 12/8/2023 to include new EPA proposals 

The Environmental Protection Agency has recently made revisions to the Lead and Copper Rule, which regulates the amount of lead allowed in municipal tap water. The Lead and Copper Rule has not been significantly updated since it was created in 1991 - meaning that the same regulatory standards have been in place for almost 3 decades. EPA’s recent update did not fundamentally change this outdated law, and the agency still has a long way to go in reducing lead contamination in the nations drinking water. 

Lead Pipes Are Still Problematic in 2023

In April 2023, the EPA released a report with a comprehensive assessment of service line infrastructure, and revealed that an estimated total of 9.2 million lead pipes are servicing homes across the country. Many homes containing lead plumbing were built before 1986, when the use of lead was banned in pipes, solder and plumbing. Flint, Michigan dominated headlines in 2015 when 99,000 people were exposed to unsafe levels of lead, including thousands of children. However, Flint was not and is not the only city with unsafe lead levels. There are dozens of large cities that have lead levels above what health officials claim to be safe, including Chicago, Boston, New York City, and Los Angeles

No Safe Level Of Lead For Children 

The current federal Action Level for lead in drinking water is 15 parts per billion. Lead is unique from other drinking water contaminants because it follows the 90th Percentile Rule, which has been criticized by various reputable environmental non-profits. The Centers for Disease Control has acknowledged that 15 parts per billion is not a health standard, but rather a feasible level of enforcement - meaning anything less than 15 parts per billion is too stringent for municipal compliance. The American Academy of Pediatrics has stated that there is no safe level of lead for children. Any level of exposure has the potential to cause irreversible developmental damages, including; lowered IQ’s, behavioral difficulties, and other learning problems. EPA has even acknowledged that children should not be exposed to any level of lead. 

2021 Updates

EPA made a handful of small modifications to the original 1991 Lead and Copper Rule. One of the major updates to the rule is increasing EPA’s “inventory” of Lead Service Lines throughout the country. Once LSL’s and pipes have been identified, EPA will require communities to “find and fix'' homes that exceed 15 parts per billion. The system must provide documentation to the state if they’re unable to fix or mitigate the lead levels. Under the rule revisions, systems serving greater than 50,000 people will be required to make the LSL inventory available online. Also, municipal systems will be required to provide annual notices to homeowners with LSL’s. Replacing LSL’s are particularly tricky to manage because they’re co-owned by the city and homeowner. Some cities have programs to coordinate replacing the public and private side of the line at the same time.  

EPA’s New “Trigger Level” For Lead

Part of EPA’s revisions to the Lead and Copper Rule include a new “trigger level.” According to the regulatory revisions, systems that have a 90th percentile higher than 10 parts per billion will be required to work with their state to determine annual lead line replacement goals. This “trigger level” is not a new Action Level, and does not initiate a violation if a water system has higher than 10 ppb lead. EPA also pointed out in the proposed regulation that the trigger level is also not a health standard. As previously stated, any concentration of lead can be harmful to children. 

2023 Proposed Updates to the Lead and Copper Rule

On November 30, 2023, the U.S. Environmental Protection Agency (EPA) announced new proposed Lead and Copper Rule Improvements

Key provisions in the proposal include:

  • 100% Lead Pipe Replacement within 10 years
  • Locating Legacy Lead Pipes. Water systems are currently required to provide an initial inventory of their lead service lines by October 16, 2024. Under the proposal, all water systems would be required to regularly update their inventories, create a publicly available service line replacement plan, and identify the materials of all service lines of unknown material.
  • Improving Tap Sampling. The proposal would make key changes to protocols that water systems must use for tap sampling informed by best practices.
  • Lowering the Lead Action Level. EPA is proposing to lower the lead action level from 15 µg/L to 10 µg/L. When a water system’s lead sampling exceeds the action level, the system would be required to inform the public and take action to reduce lead exposure while concurrently working to replace all lead pipes. For example, the system would install or adjust corrosion control treatment to reduce lead that leaches into drinking water.
  • Strengthening Protections to Reduce Exposure. Water systems with multiple lead action level exceedances would be required to conduct additional outreach to consumers and make filters certified to reduce lead available to all consumers. 

EPA anticipates finalizing the Lead and Copper Rule Improvements prior to October 16, 2024.

Will The New Updates Better Protect Public Health?

In the short term, no. There is no real "quick fix" for lead contamination. Replacing lead pipes and Lead Service Lines takes time, and can actually cause an increase in lead levels during and after construction. These changes are a step in the right direction, but implementation takes time. 
To protect yourselves and your families in the meantime, here are some recommendations on how to reduce your lead exposure:

  1. Allow your faucet to run for 2 minutes prior to drinking tap water.

  2. See if your city or town has a free lead testing program. Washington D.C., New York City, and several other cities have a free lead testing program. If you live in an area that doesn’t have free lead testing, you can pay to send your sample to get laboratory tested.

  3. Purchase a filter that is optimized and certified to remove lead from drinking water.

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The Noah System: Lead-Free Drinking Water For America's Schools

Analies Dyjak @ Friday, November 27, 2020 at 2:18 pm -0500

Analies Dyjak, M.A. and Michael Ramos   

The unresolved lead crisis in the United States disproportionately impacts young children - especially those in underserved communities. Many schools in the United States were built before 1986, when the use of lead in pipes and plumbing was still allowed. School-aged children who drink water from drinking fountains are exposed to unsafe lead levels on a daily basis. Michael Ramos, the Founder of The Noah System, created a device that automatically flushes water in drinking fountains to reduce the high lead levels in schools.

Why Are We Concerned With Lead in Drinking Water?

Babies and children are the most vulnerable to the long lasting impacts of lead exposure. Lead is a neurotoxin, and can cause lifelong irreversible damages to the brain. Children do not have a fully developed blood-brain barrier, making it easier for “unknown substances,” including lead, to cross into the Central Nervous System. Lead can be mistaken for calcium, in which the body can absorb lead as it would calcium in the brain, blood, bones, and soft tissue. The long term health effects include: slowed growth and development, learning and behavior problems, lowered IQ, attention deficit, hearing and speech problems, and underperformance in schools. Lead was also associated with Autism in a recent study by the National Institutes of Health. According to the Environmental Protection AgencyCenters for Disease Control, and American Academy of Pediatrics, there is no safe level of lead for children. The current allowable level of lead in drinking water in the United States is 15 parts per billion

The Noah System and The Flint Lead Crisis

Michael Ramos is an engineer for Chicago Public Schools. In February of 2016, like most of the country, he watched as the failures of elected officials crippled the City of Flint, Michigan. Flint officials switched the source water from Lake Huron to the Flint River without considering a corrosion control inhibitor to reduce lead. As a result, 9,000 children under the age of 6 were exposed to unsafe levels of lead. Mr. Ramos thought of his own children, and the children he represented throughout Chicago Public Schools. He started to watch congressional hearings and grew even more concerned when the EPA officials stated that “lead in drinking water would be one of the most challenging tasks the country was going to face.” Chicago has its own ongoing issues with lead in drinking water, which he realized had not been mitigated when a school district detected 3,000 parts per billion (200 times over EPA’s Action Level). 

Chicago Has Lead Mitigation Tools In Place. Why Did They Fail?

Many cities across the country, including Chicago, use a chemical called Orthophosphate to help reduce lead levels in drinking water. In order for Orthophosphate to be effective, water must run through the pipes once every 6 hours to build an anti-corrosive crust. Mr. Ramos realized that the drinking water in most schools sits stagnant in pipes for hours - well beyond the 6 hour stagnation period. Orthophosphate is unable to coat the inside of pipes when water sits stagnant overnight, over the weekends, or during school vacations. 
Mr. Ramos noted that several school districts across the country flush their pipes in August, as students are getting ready to go back to school. As we now understand, it doesn’t take long for lead to collect in distribution pipes and reach unsafe levels for children. Mr. Ramos noted that a single-flushing event at the beginning of the school year “was not sufficient to make a meaningful impact on lead levels.” In short, lead levels in schools drinking water can be directly correlated to long periods of stagnation.

How Did The Noah System Come To Be?

Mr. Ramos wanted to first ensure that the water coming into his own home was free of lead. “I built a machine that would automatically flush water from the cold water line coming into my house. I took the 6 hour stagnation period and cut it in half, so water would flow through the pipes every 3 hours.” This would allow sufficient time for the Orthophosphate to build a protective crust and significantly reduce lead levels at the tap. He then asked himself: “How do I take what I built in my house and retrofit it for schools?” Mr. Ramos determined that The Noah System could be installed directly in drinking water fountains, and began building systems from his home workshop. In October of 2016, Michael Ramos installed his first Noah System in a Chicago Public School. 

How Many Schools Currently Have The Noah System?

Several schools, universities, and office buildings across the country currently use The Noah System. 

How Can I Learn More About The Noah System?

You can learn more about The Noah System by visiting https://www.noahsystem.co/. You can also get in touch via email by submitting your information here: https://www.noahsystem.co/pages/contact. You can schedule a free consultation by calling 708-320-3197. 

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Chicago's Problematic Lead Service Line Replacement Program

Analies Dyjak @ Thursday, September 24, 2020 at 12:08 pm -0400

Analies Dyjak, M.A.  |  Head of Policy

Over 6.1 million homes in the United States still use a Lead Service Line (LSL) to deliver drinking water into their homes. The City of Chicago has more lead pipes and Lead Service Lines than anywhere else in the country, according to  Chicago Mayor Lori Lightfoot. The city recently announced that it would prioritize replacing Lead Service Lines beginning in 2021. Unfortunately, the program isn’t as all-encompassing as would be expected by a city the size of Chicago. This article will break down Chicago’s lead line replacement program, and discuss other cities in the U.S. with similar issues. 

Details of Chicago's Lead Service Line Replacement Program:

Lead-Safe Chicago was initiated in 2020 to bring further attention to Chicago’s unresolved lead crisis. The city will assist low-income residents by providing a free lead line replacements to households with a combined income of below $67,300. Households who make more than $67,300 and do not qualify, are encouraged to participate in the “homeowner-initiated program” -  which means that homeowners must identify their Lead Service Line, pay for it to be replaced, and pay for bottled water/filtration while the line is being replaced. The projected average cost to a homeowner in Chicago will be $6,000. The city has offered to waive all permitting fees, which they claim to be as high as $3,000. The homeowner-initiated program is entirely voluntary, and not mandated by the city of Chicago. It's important to mention that because Chicago has an estimated 400,000 Lead Service Lines, this program will take years to complete.

Lead Levels Often Increase for Months After Replacing a Lead Service Line

It may seem counter-intuitive, but lead levels often increase for at least a few months, if not over a year, after a lead service line is replaced. This is because the protective coating inside the pipe (created by years of corrosion control) gets disrupted, and the debris/freshly uncovered pipes surface can contaminate water with lead. One of our scientists wrote an article that goes into further detail about this. You can check it out here

If You Rent in Chicago, You're on Your Own

There are over 1 million renters in the City of Chicago. This initiative does not require homeowners or landlords to take any sort of action, or replace an existing lead service lines. If you rent or lease in Chicago, you’re entirely on your own for ensuring your tap water is free of lead. 

Chicago Water is 9 Times Above The Public Health Goal for Lead

Despite having the most lead pipes in the country, Mayor Lightfoot continues to claim that Chicago water “meets all safety standards.” It’s important to note that there is no such thing as a “safety standard.” Federal regulatory standards, also referred to as “Maximum Contaminant Levels” (or “Action Level” for lead), are the enforceable standards used by EPA. These federal regulatory standards are not entirely based on health outcomes, and must weigh the cost of removing a contaminant with the benefits to public health. Health organizations like the Centers for Disease Control and American Academy of Pediatrics have created public health standards, which on the contrary, are actually based on health impacts. According to both of these agencies, there's is no "safe" level of lead for children. The Environmental Protection Agency has even created a Maximum Contaminant Level Goal of 0 parts per billion for lead. Lead levels in Chicago are currently 9 times higher than this public health goal. 

Chicago is Not Alone: 

This ongoing and unresolved lead crisis in not unique to Chicago. New York City, Pittsburgh, Newark, Denver, Portland, Oregon and so many more all have underreported issues with lead in drinking water. Municipalities are not always forthcoming about the safety of the water flowing through their taps. In June of 2018, the mayor of Newark, New Jersey claimed that Newark’s drinking water was safe for consumption and that residents could continue drinking Newark tap water. Unfortunately, Newark was actually in exceedance of the federal Lead Action Level of 15 parts per billion. If you have any questions about your city's water quality report, one of our Water Nerds would be happy to help! You can send us an email at hello@hydroviv.com or send us a chat on our homepage: hydroviv.com.

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Michigan to Pay Over $600 Million to Families in Flint

Analies Dyjak @ Friday, August 21, 2020 at 2:29 pm -0400

Updated November 17, 2021 to include recent news

Analies Dyjak, M.A.  |  Policy Nerd

A judge has approved a $626 million settlement for damages from the 2014 Flint Water Crisis. The State of Michigan is required to appropriate $600 million dollars of the total into a qualified settlement fund, which will be made available to children, residents, property owners, and businesses that were impacted by water distributed by the city. Almost 80% of the $600 million is being awarded to those who were children during the time of exposure.

Background Flint Water Crisis: 

On April 25, 2014, the city of Flint switched its water supply from the Detroit Water and Sewerage Department (sourced from the Detroit River and Lake Huron), to the Flint River. Officials initially switched the water supply in an effort to cut costs. Flint city officials failed to add a proper corrosion control inhibitor to the new water source during treatment. This caused lead to leach from distribution pipes, and enter the municipal system at extremely elevated levels. According to the Centers for Disease Control, 99,000 people in Flint, Michigan were exposed to elevated levels of leadLead is a neurotoxin, and according to the American Academy of Pediatrics, there is NO safe level for children. Despite the current 15 part per billion Federal Action Level for lead, our team at Hydroviv follows the logic that children should not ingest any level of lead.

Financial Breakdown of $600 Million Flint Settlement:

  • 79.5% - Minor Children Settlements Categories: 64.5% for ages 6, 10% for ages 7-11, and 5% for ages 12-17

  • 18% - Adults and Property Damage Settlement Categories: 15% for adults and 3% for property damage

  • 0.5% - Business Economic Loss Settlement Category

  • 2% - Programmatic Relief Settlement Category

Important Details:

If the State fails to meet these conditions within 60 days, the Plaintiff’s are able to completely rescind the entire settlement. Also, in accordance with the settlement, individuals who were minors at the time of exposure are not required to show proof of injury in order to be eligible for compensation. This should help the State of Michigan get funds out to impacted parties in a timely manner. Additionally, individuals that were minors at the time of exposure may be eligible for larger amounts of compensation if they are able to show elevated blood lead levels. A similar eligibility requirement is true for those who were adults at the time of exposure.

A Few Red Flags:

The amount of compensation made available to each individual Flint resident is entirely dependent on how many people file claims. Therefore, there’s no way to estimate the amount of money each Flint resident will receive, or if it will be sufficient enough to address all expected damages. The settlement also claims that funding will be made available to provide special education services to children exposed to high lead levels Flint. No further details were provided about these special education services or how much funding will be allocated. It's unclear if portions, or all, of the individual financial compensation funds are expected to be used for at-home special education services.>

Our Take:

The recent settlement leaves us with more questions than answers regarding the tragic Flint Water Crisis. What happened between April 24, 2014 and December 31, 2016 demonstrates what can happen to under-served and underrepresented communities in the United States. In short, it shows the worst kind of government failure. We may never truly understand the full extent of these damages, and $600 Million dollars does not even begin to address the trauma and anxiety that Flint residents face every single day. We're proud to still be working with Little Miss Flint and the Little Miss Flint Clean Water Fund to continue our charitable efforts across the entire country. 

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Does Your Home Have Lead Plumbing? Here's How To Tell

Analies Dyjak @ Monday, November 21, 2016 at 5:35 pm -0500

Eric Roy, Ph.D.  |  Scientific Founder

We get a lot of questions about lead service lines and how to tell if you have lead pipes, and we thought that it would be worth putting together an article that talks about some of the lesser known places where lead can exist in residential plumbing. Most people are surprised to learn that up until 2014, EPA allowed lead exist in fixtures & valves used for drinking water lines!

The Evolution of “Lead Free” Plumbing

When the Safe Drinking Water Act (SDWA) was amended in 1986, it mandated that residential plumbing could not use any pipe, pipe fitting, solder, flux, or fixture that was not “lead free.” While the term “lead free” seems pretty straightforward, the law allowed for the definition of "lead free" to evolve. The chart below shows allowable lead levels in solder, pipes, fittings, and fixtures through the 25+ years that lead was phased out of plumbing. It's worth pointing out that, it wasn’t until very recently (2014) that all pipes/fittings/fixtures used for drinkable water were required to contain negligible amounts of lead.

Maximum Levels of Lead Allowed in Residential Plumbing 

 Years  Solder/Flux Pipes, Fittings, Valves
Before 1986 50% 100%
1986-2014 0.2% 8%
After 2014 0.2% 0.25%

Note: Things like toilets, urinals, bidets, tub fillers, shower valves are excluded from these regulations 

How to Determine If Plumbing in Your Home Is Lead Free

Solder: Unfortunately, there is no easy way to visually tell how much lead is in soldered joints after the connection is made. If you are getting plumbing work done, it's ok to ask your plumber to see the package for the solder that they are using. It should prominently say “lead free” on it.

Pipes/fittings: Because there are certain applications (toilets, showers, tub fillers) where plumbing components are allowed to contain lead, you can still buy lead-containing plumbing components at the hardware store. We have seen many applications in customers' homes where lead-containing components were mistakenly used in an application that required lead free components. Anything that complies with the 2014 lead free standard is clearly marked with some sort of "LF" or checkmark label to indicate that it meets the most recent lead free standard:
How To Identify Lead Free Plumbing 1Lead Free Brass Ball Valve
How To Identify Lead Free Brass Connections
How To Identify Lead Free Brass Plumbing
Lead Free Plumbing ValveLead Free Marking On Brass Ball Valve

What To Do If Your Home Has Lead Plumbing

As the US has become increasingly aware of lead contamination in drinking water because of the ongoing crisis in Flint, recent violations in large cities like Pittsburgh, and longstanding lead problems in old cities like Chicago and New York City, more and more people are asking what they can do to minimize their family's exposure to lead.

The best way, bar none is to:

If you are unable to use a rated filter, or if the filter you use does not protect against lead (like most pitchers and fridge filters), you can take the following steps to minimize exposure:

  • Allow your faucet to run for at least 2 minutes before collecting water for consumption (drinking/cooking/washing food). Doing so allows the water sitting in the pipes to flush out and be replaced by fresh water flowing through the large mains.
  • Only use the faucet at a slow flow rate when collecting water for consumption. Doing so minimizes the amount of lead particulates that can be swept into the stream and carried to the faucet.

As always, we encourage everyone to take advantage of Hydroviv's "Help No Matter What" technical support policy, where we answer questions related to drinking water and water filtration, even if you have no desire to purchase our products. Drop us a line about lead pipes in homes at support@hydroviv.com, or use our live chat function.

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