Enforcement of Lead Laws and Regulations in Region 3
EPA’s Region 3 office serves Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia and seven federally recognized Tribes
FY 2024 Lead Enforcement and Regional Geographic Initiatives Highlights
Clean Air Act
Region 3 worked with the Pennsylvania Department of Environmental Protection (PADEP) to implement the National Ambient Air Quality Standard (NAAQS) for lead through the development of a maintenance plan for any lead nonattainment area it requests EPA to re-designate to attainment.
Region 3 analyzed lead data from monitoring sites near lead sources in Pennsylvania (11 sites) and Virginia (one site) and reported any exceedances to State/Local Air Agencies and EPA enforcement office to assist the States in effectively meeting the NAAQS for lead.
Where inspections have a Clean Air Act lead component, Region 3 will provide compliance assistance materials to facilities located in potential lead NAAQS nonattainment areas which currently include portions of Berks and Beaver County, PA. Inspection efforts will also be focused in these areas and other areas where lead emissions support the CCAC NCI.
Clean Water Act and Safe Drinking Water Act
EPA awarded the School District of Philadelphia $4.9 million through the WIIN 2105 Lead Reduction in Drinking Water grant program. The project is one of six selected in a national competition and will reduce lead exposure for nearly 200,000 students. The School District will utilize these funds to expand an existing lead remediation program in public school buildings and facilities, conducting building assessments and installing hydration stations and point-of-use filters. Schools will be prioritized based on neighborhood location and student age, Philadelphia Department of Health lead surveillance and blood lead level data, and EPA’s EJ Screen tool.
The Clarksburg Water Board implemented corrosion control treatment (CCT) on December 13, 2022. Monthly sequential profile samples from homes with lead service lines monitoring the effect of CCT on lead levels in their distribution system have shown a decrease in lead levels after implementation of CCT. The Clarksburg water board continues to monitor concentrations of orthophosphate throughout their distribution system to ensure effective treatment. The Clarksburg Water Board continues to make progress on the identification of lead service lines, specifically for the customer-owned portion of the service line, as well as the replacement of lead service lines.
Since mid-January 2023, EPA Region 3 and the Office of Research and Development (ORD) have been working together to address lead in drinking water in Piedmont, WV (Piedmont Municipal Water Works, WV3302921).
On January 17, 2023, the WV Department of Health and Human Resources (DHHR) alerted EPA Region 3 that the Piedmont Municipal Water Works had elevated lead levels in drinking water coupled with no certified operator running the drinking water plant. This prompted DHHR to issue a “Do Not Use for Human Consumption” order. Bottled water and a bottle filling station was made available for residents and an administrative order was issued requiring enhanced public notification, lead public education materials, and the provision of bottled water.
Collectively, EPA worked closely with WV DHHR to provide guidance and direction on the notification and education materials and in reviewing WV’s administrative order, as well as help in the planning to procure point of use filters to be provided to residents after the “Do Not Use for Human Consumption” order was lifted. Following Piedmont obtaining a certified operator, the “Do Not Use for Human Consumption” order was lifted on March 30, 2023. Upon lifting the order, notification, and public education materials to filter drinking water, along with nearly 400 pitcher filters certified to remove lead, were distributed to those served by Piedmont Municipal Water Works. A second distribution of pitcher filters and education materials occurred during the first and second quarters of 2024 and is expected to continue as EPA, WVDHHR, and Piedmont work together toward addressing the elevated levels of lead in the Piedmont Municipal Water Works system. Continued ongoing work includes special water quality sampling for lead and other parameters from residences in Piedmont; inventorying service lines; organization for blood lead level (BLL) testing, discussion and planning for alternate permanent drinking water sources; and corrosion control strategies.
Service Line Inventory Training for all DC water systems occurred during the third quarter of FY2023 and outlined the requirements for submitting these by the October 16, 2024, deadline. Region 3 continues to provide additional ongoing assistance to help address questions and concerns through additional EPA Region 3/DC system meetings. These meetings have occurred during Q1/Q2 2024 and are expected to continue during Q3/Q4 2024.
Region 3 continues to collaborate with other regions and Headquarters on the development of the Lead and Copper Rule Improvements (LCRI). The proposed LCRI was published in the first quarter of 2024. During the second quarter of 2024, following comments received on the proposed LCRI, EPA Region 3 provided input on final LCRI options selection. The final LCRI was issued on October 8, 2024.
Region 3 and state partners spanning across four different states (Connecticut, New Jersey, Pennsylvania, and Wisconsin) have been working closely with 40 total communities (10 communities in each region) to address existing barriers and accelerate progress towards Lead Service Line (LSL) identification and replacement as part of the Lead Service Line Replacement (LSLR) Accelerator project. These efforts are primary components of the Lead and Copper Rule (LCRR) and the LCRI. The LSLR Accelerator project is intended to accelerate LSLR by providing free technical assistance for inventories, replacement planning, and seeking infrastructure funding from the Bipartisan Infrastructure Law. Currently, ten EPA Region 3 water systems in Pennsylvania are working on implementing work plans specific to their water system’s needs and aims to set them up to identify LSLs and accelerate LSLR. EPA headquarters, regional staff, and respective state directors and state staff participating in this project meet weekly to discuss progress in their regions and state and share lessons learned to date. The best practices and lessons learned by working with these water systems will be shared to benefit other water systems across the country to help accelerate LSLR.
Toxic Substances Control Act
In FY 2024, Region 3 conducted approximately 80 lead based paint inspections that resulted in approximately six formal and 19 informal enforcement actions.
Region 3 presented “Understanding Lead” to expectant mothers as part of DC MedStar Health’s ‘Maternity Mondays’ on February 26, 2024 and March 18, 2024. Approximately 25 people attended the virtual February presentation, and 4 people attended the virtual March presentation. EPA continues to work with Delaware Department of Health and Social Services to coordinate state-wide Lead Awareness sessions.
Region 3 awarded a one-year, non-competitive grant ($38,000) to the Harrison-Clarksburg Dept. Of Health. This grant provides funding to conduct outreach to the primary care physicians and pediatricians in the community of Clarksburg, WV and Harrison County, on the importance of childhood blood lead testing for children at Years 1 and 2. The grantee will collaborate with the West Virginia Department of Health & Human Resources (DHHR), Bureau of Public Health (BPH), Office of Maternal Child & Family Health (OMCFH), Childhood Lead Poisoning Prevention Program (CLPPP), and Dunbar Stop Foundation and other partners to complete an audience-specific strategy using recent data on the rates of each medical practice's testing of children to promote Blood Lead Level (BLL) testing events to members of the Clarksburg community, identify barriers to testing, and promote awareness of other sources of lead in the home environment. Increased knowledge on the importance of BLL testing will lead to higher testing rates and, overall, less children with elevated blood lead levels.
Region 3 and the Department of Urban Development (HUD) collaborated to implement the EPA/HUD MOU. Specifically, the agencies created a brochure to be emailed to real estate agents, landlords, property managers and HUD assisted properties to educate the regulated community about the lead disclosure rule and to encourage them to participate in a free webinar sponsored by EPA and HUD on October 26, 2023. EPA and HUD continue to coordinate regarding outreach and inspections. Twelve EPA/HUD joint inspections have been completed.
Region’s 2 and 3 presented a class on Federal Lead-Based Paint Regulations, and Region’s 2 and 3 Civil Lead Enforcement Efforts. This virtual course, which was attended by 173 attorneys and program staff from Region’s 2 and 3, covered the history of lead-based paint in the United States, the statutory and regulatory framework for EPA’s lead-based paint enforcement program, and some specific examples of civil lead-based paint enforcement actions, including some cases in environmental justice areas.
Region 3 provided messages on buses throughout Reading, PA and Charleston, WV, on bus shelters in Washington, DC, and on billboards in Richmond, VA to educate the public about the dangers of lead- based paint. Thirty buses carried the message throughout Reading and Charleston including environmental justice areas and areas with high concentrations of older housing that most likely contain lead -based paint. In DC, six bus shelters included the EPA message and in Richmond three billboards were on display. The ads feature information on the hazards of lead-based paint and encourage homeowners to hire contractors who are certified by EPA in lead-safe work practices.
ECAD plans to run bus ads, billboards, and bus shelter ads in environmental justice communities during National Lead Poisoning Prevention week.