how a culture of disregard for the public taints the federal lcr and banalizes harm from lead in...
TRANSCRIPT
How a Culture of Disregard for the Public
Taints the Federal LCR and Banalizes Harm from Lead in Water Across the US
Yanna Lambrinidou, PhD Science and Technology in Society Na:onal Capital Region Campus
Falls Church, VA
American Public Health Associa:on (APHA) Annual Mee:ng & Expo Denver, CO � October 29-‐November 2, 2016
Presenter Disclosures
The following personal financial relationships with commercial interests relevant to this presentation existed during the past 12 months:
Yanna Lambrinidou
No relationships to disclose
Source Lead (ppb) Standard EPA LCR 0 Health standard EPA LCR 15 Lead acEon level EPA 40 “Imminent and substanEal
endangerment”
EPA Lead-‐in-‐Water Standards
Flint 2014-‐
Apr 2014 -‐ Flint switches to Flint River water
Sep 2014 -‐ MDEQ engineer Prysby: "Thanks Richard...now off to physical therapy...perhaps mental therapy with all of these Flint calls....lol"
Oct 2014 – MDEQ engineer Prysby: “I stressed the importance of not branding Flint’s water as ‘corrosive’ from a public health standpoint simply because it does not meet a manufacturing facility’s limit for produc:on.”
Residents’ tap water comes out brown, has bad taste, has roaen-‐egg smell
Residents begin to report sores and lesions, suspect trihalomethanes (THMs)
Oct 2014: GM finds that Flint’s water is corrossive to engine parts; it switches back to Lake Huron water
Jan 2015 – Flint’s emergency manager calls Flint mom LeeAnne Walters “a liar and stupid” for bringing aaen:on to samples of discolored water
Lead levels at LeeAnne Walters’ house measure at 104 ppb.
Feb 2015 – EPA program manager Crooks: “Let me tell you, this Flint situa:on is a nasty issue — I’ve had people call me 4 leaer words over the phone, yell at me and call me a crook. I’m developing a thick skin.”
Feb 2015 – MDEQ engineer Busch: Flint “is mee:ng” federal rules for ac:on on lead; not "sure why region 5 sees this one sample as such a big deal.”
Lead levels at LeeAnne Walters’ house measure at 397 ppb.
Mar 2015 – MDEQ blames Ms. Walters’ plumbing and lies to EPA about having op:mal corrosion control treatment in place.
Apr 2015 – MDEQ engineer Busch: “If he con:nues to persist, we may need Liane or Director Wyant to make a call to EPA to help address his over-‐reaches.”
Sep 2015 – Virginia Tech: “The analysis revealed that 30% of 252 tap samples exceeded 15 ppb. “FLINT HAS A VERY SERIOUS LEAD IN WATER PROBLEM.”
Sep 2015 – Hurley Medical Center: incidence of elevated blood lead levels in Flint children increased from 2.4% to 4.9%. 6,000-‐12,000 children may have been exposed.
Apr 2015 – MDEQ finally admits it is using no corrosion control to treat the water – this suggests that the lead contamina:on might be widespread.
Sep 2015 – MDHHS Healthy Homes manager Priem: "...This is definitely being driven by a liale science and a lot of poli:cs.”
Culture of “technical compliance”
To: Governor Snyder From: Flint Water Advisory Task Force 12.29.15
Signed:
• Maa Davis • Chris Kolb • Larry Reynolds • Eric Rothstein • Ken Sikkema
Plumbing material US homes affected Leaded brass Almost all Lead solder Approx. 81 million Lead service lines/goosenecks/pipes
6-‐10+ million
Marc Edwards, presenta:on to NDWAC LCR WG, 9/9/2014
Image sources: hap://op:purewater.com/blog/royseibert/do-‐you-‐use-‐brass-‐fipngs-‐water-‐filter-‐installa:on; courtesy of Dr. Marc Edwards, Department of Civil and Environmental Engineering, Virginia Tech; www.hamilton.ca/sites/default/files/media/browser/2015-‐11-‐11/lead-‐pipe-‐2.png
brass solder service line
EPA Lead and Copper Rule (LCR)
Lead dose in one glass of water exceeding the US Consumer Product Safety Commission “acute health threat” for lead 71 :mes
Image sources: haps://www.sciencedaily.com/releases/2006/06/060630095556.htm; courtesy of Dr. Marc Edwards, Department of Civil and Environmental Engineering, Virginia Tech
lead parEcles
lead par:cle
“Russian rouleWe” phenomenon
1986 EPA: Annually over 250,000 children “are exposed to lead in drinking water at levels high enough to impair their intellectual and physical development”
Shenon, P. 1990. Despite Law, Study Finds, Water in US Schools May Contain Lead. New York Times (11/1); US Department of Agriculture. 2000. Selec0ng and Renova0ng an Old House: A Complete Guide, p. 13. Toronto, ON: General Publishing Company, Ltd.
Federal Register, Vol. 56, No. 110 (1991), Maximum Contaminant Level Goals and Na:onal Primary Drinking Water Regula:ons for Lead and Copper, pp. 26470, 26478.
No safe level of lead in water for human consumption
Maximum Contaminant Level Goal for lead = zero
>15 ppb
<15 ppb
≤10% over lead acEon level
Remedial ac:on NOT required
>10% over lead acEon level
Remedial action required
Remedial action required
• Source water treatment • CC treatment (re-‐)op:miza:on • Public educa:on • LSL replacement
“shared responsibility” regime
Water U:li:es Consumers
required to prevent citywide contaminaEon
expected to take appropriate precauEons
PUBLIC EDUCATION
Nov 2000: switch to chloramine
Washington, DC 2001-‐2004
Nov 2000
Jul 2000-‐Jun 2001: WASA meets federal requirements by not repor:ng to EPA 5 samples >15 ppb
18% over LAL
Nov 2000
Jul 2000-‐Jun 2001: WASA meets federal requirements by not repor:ng to EPA 5 samples >15 ppb
Michael Marcoae, DC WASA Chief engineer: “Crisis was averted.”
Eric H. Holder, Jr. Report, 2004, p. 47
Image source: hap://www.washingtonpost.com/wp-‐dyn/ar:cles/A52310-‐2004Jun18.html
18% over LAL
Nov 2000
Jul 2000-‐Jun 2001
Sep 2001
Nov-‐Dec 2001: DC DOH reports 35-‐40 calls from concerned residents reques:ng LSLR
Nov 2000
Jul 2000-‐Jun 2001
Sep 2001
Nov-‐Dec 2001
Jun 2002: WASA’s 2001-‐2002 monitoring cycle showed that 49% of taps exceeded the LAL
Mar 2002
49% over LAL
Nov 2000
Jul 2000-‐Jun 2001
Sep 2001
Nov-‐Dec 2001
Jun 2002: WASA’s 2001-‐2002 monitoring cycle showed that 49% of taps exceeded the LAL
Mar 2002
Michael Marcoae: Results likely to be a
“fluke.”
Image source: hap://www.washingtonpost.com/wp-‐dyn/ar:cles/A52310-‐2004Jun18.html
49% over LAL
Image sources: hap://logos.wikia.com/wiki/DC_Water; hap://upload.wikimedia.org/wikipedia/commons/1/14/Environmental_Protec:on_Agency_logo.svg; haps://c2.sta:cflickr.com/6/5098/5471579521_f2db1c2c27_z.jpg
“Every single day, WASA reliably delivers safe drinking water that meets or surpasses EPA requirements”
Nov 2000
Jul 2000-‐Jun 2001
Sep 2001
Nov-‐Dec 2001
Jun 2002
Oct 2002: EPA announced that WASA had officially exceeded the Lead Ac:on Level
Mar 2002
Jan 2003
Spring 2003
Spring 2003: WASA’s LSLR planning supervisor felt that “‘the more detailed informa0on that WASA can be ready to present on the payment aspects and work logis0cs, the less chance there is that people may focus on the health aspects.’ [She] added, ‘One can only hope.’”
Jodye Russell, DC WASA engineer, planning supervisor
Jan 2003
Spring 2003
Spring 2003
June 2003
Fall 2003
Dec 2003: Charles Eason, grandfather of 4-‐year-‐old, aaends WASA mee:ng and suspects serious problem
Mar 2003
Image source: hap://gallery.pictopia.com/wpost and hap://www.vt.edu
6,118 homes tested 4,075 with high lead
1.31.04
CDC’s “no harm” study
CDC 2004
Source Lead (ppb) Standard EPA LCR 0 Health standard EPA LCR 15 Lead acEon level EPA 40 Imminent and substanEal
endangerment
Citywide analysis of BLLs for infants <1.3 years:
• First to second half of 2001, incidence of elevated BLLs increased by 9.6 :mes • In 2002 & 2003, the incidence of elevated BLLs was ≥ 4 :mes higher than in 2000 • Elevated BLL incidence did not return to 2000 levels un:l about 2005
Edwards, M., S. Triantafyllidou, and D. Best, “Elevated Blood Lead in Young Children Due to Lead-‐Contaminated Drinking Water: Washington, DC, 2001-‐2004,” Environmental Science and Technology 43, 5 (2009): 1618-‐1623.
Image source: hap://www.washingtonpost.com/wp-‐dyn/content/ar:cle/2005/11/02/AR2005110202940.html
≈ 2,000 babies not born
≈ 200 fetal deaths (>28 weeks in gesta:on)
LCR Revisions
“Contractors looked at files in 10 states, one in each Region. In general, the file review did not find a naEon-‐wide problem of high lead levels in drinking water.”
“We see liWle opportunity for immediate regulatory acEon…”
Correct implementa:on of the LCR
Informed health-‐protec:ve ac:on
Most people don’t know they are responsible for self-‐protec:on
“shared responsibility” regime
Water U:li:es Consumers
“Safe” water can result in miscarriage, fetal death, and EBLLs
limitaEon of regulatory compliance
limitaEon of corrosion control treatment
No corrosion control treatment eliminates lead in water
limitaEon of tap monitoring
LCR test is insufficient for determining worst-‐case levels of lead
CCT “EFFECTIVE” u:lity meets LAL
techno-‐centric definiEons divorced from public health
tap water “SAFE” u:lity meets LAL
BanalizaEon of harm
Don’t look, don’t ask, don’t tell
2015
• > 5,363 u:li:es violated the LCR (>18 million people) • 1,110 u:li:es exceeded the lead ac:on level (3.9 million people) • Viola:ons included u:lity failure to inform consumers • State agencies and EPA took enforcement ac:on in only 11.2% of cases
June 2016, Erik Olson & Kris: Pullen Fedinick
Don’t look, don’t ask, don’t tell
Image sources: hap://a.dilcdn.com/bl/wp-‐content/uploads/sites/13/2012/10/pregnant-‐belly.jpg; hap://il2.picdn.net/shuaerstock/videos/9728954/thumb/1.jpg?i10c=img.resize(height:160)
Dust Paint Soil
Focus on hand-‐to-‐mouth ac:vity
Don’t look, don’t ask, don’t tell
Image sources: hap://www.milwaukeemag.com/wp-‐content/gallery/0915_lead-‐paint_home-‐inspec:on/0915_Lead.Paint-‐Kenny.Yoo-‐014.jpg; hap://www.communityhealthstrategies.com/wp-‐content/uploads/2015/05/iStock_000001430192_ChildonFloorEa:ngCrumbs_1180-‐x-‐594.jpg; hap://www.epa.gov/sites/produc:on/files/documents/paintchip.pdf; hap://www.bgiresourcesintl.com/wp-‐content/uploads/2016/01/
mixing-‐of-‐composite-‐1-‐e1452292751800.jpg
Don’t look, don’t ask, don’t tell
• No official acknowledgement • No official apology • No one held accountable • No assistance to affected children • No jus:ce (class ac:on lawsuit dismissed in
2013; the cases of 5 children just sealed)
Acknowledgments
• The Na:onal Science Founda:on (NSF) for grant EEC 1551152 (Early-‐Concept Exploratory Research on the Professional Forma:on of Engineers’ Concep:ons of “the Public”).
• Dr. Marc Edwards, Virginia Tech • Miguel Del Toral, EPA • Mike Schock, EPA
Any opinions, findings, and conclusions or recommenda:ons expressed in this material are those of the author(s) and do not necessarily reflect the views of the Na:onal Science Founda:on.