NEWS
West Virginia University College of Law
A Toxic Quality of Life : Addressing Lead Levels in West Virginia ’ s Tap Water
In July 2021 , confirmatory water sampling in several homes serviced by the Clarksburg Water System revealed that lead levels in drinking water measured tens and sometimes 100 times higher than the federal standard . In coordination with the West Virginia Department of Health and Human Resources ( WVDHHR ), the United States Environmental Protection Agency ( EPA ) issued an emergency “ imminent and substantial endangerment ” administrative order directing the town to notify the public about the risk of lead exposure and find an alternative source of drinking water for residents with pipes . 1 The initial order indicated that “ elevated blood lead levels detected in the bloodstream of children ” residing in Clarksburg triggered the collection of drinking water samples . The Clarksburg Water Board had allegedly reduced its monitoring and avoided addressing potential lead issues because of loopholes in EPA ’ s outdated and weak Lead and Copper Rule ( LCR ).
Although the toxicity of lead and its adverse health effects have been known for centuries , the first systematic water safety regulation in the United States did not begin until the early 1970s when Congress passed the Clean Water Act of 1972 and the Safe Drinking Water Act ( SDWA ) of 1974 . The SDWA was designed to protect public health by regulating the nation ’ s public drinking water supply . 2 The law was expanded in 1986 and 1996 to allow the EPA to set national health-based standards for drinking water to protect against naturally occurring and artificial contaminants . Using its regulatory authority , the EPA issued the LCR in 1991 , which sets an “ action level ” for lead — a point at which regulators must step in and take action to reduce risk — at 15 parts per billion
( ppb ) in 1 liter of tap water standing in pipes for at least 6 hours . 3 While the LCR addresses lead concentration in tap water , no toxic threshold has been established for human blood levels of lead ( BLL ) because research suggests that no BLL is a “ safe ” level . 4
Young children and developing fetuses are the most susceptible to the adverse health effects of lead exposures . 5 In children , even low BLLs can cause developmental impairments and neurobehavioral disorders . 6 In adults , studies show that chronic exposure to even small amounts of lead is associated with impaired kidney function , high blood pressure , neurobehavioral disorders , and cognitive dysfunction . 7
The EPA has recently taken steps to revise and strengthen its LCR . The old LCR was riddled with so many loopholes that only 1 % of utilities replaced lead pipes because of action level exceedance . 8 The new LCR , which is set to go into effect on December 16 , 2021 , establishes a new lead “ trigger level ” of 10 ppb . This more stringent trigger level requires public water systems to take treatment technique actions at lower lead levels than those required by old LCR . 9
The Clarksburg water raises questions about the nature and scope of healthcare providers ’ obligations in defining and enforcing the parameters of what constitutes “ safe ” drinking water . Clinicians should not only carefully monitor and recognize the physical symptoms of toxin exposure , but they should also take the time to learn about their patients ’ concerns about changes in the quality
14 • www . wvsma . org