August 10, 2021
EPA Responds To Manchin, Capito, McKinley Request To Address Lead Found In Clarksburg Drinking Water
The
response from the EPA can be found here.
Washington, DC – U.S. Senators Joe Manchin (D-WV) and Shelley Moore
Capito (R-WV) and Representative David McKinley (R-WV) received a response
from the Environmental Protection Agency (EPA) on their request
for the EPA to address the elevated levels of lead found in the drinking water
of homes served by the Clarksburg Water System.
“The elevated levels of lead found in homes served by the Clarksburg
drinking water system are concerning and must be addressed quickly,” Senator
Manchin said. “I am pleased with the EPA’s timely response, but more must
be done to ensure the health and safety of our fellow West Virginians. As we
continue to find ways to address the concerning levels of lead the drinking
water, I will push for the EPA, West Virginia Department of Health and Human
Resources, and Clarksburg Water System to provide the residents affected with
the support they need.”
“Coordination between state, local, and
federal authorities is critical as we continue to monitor the situation in Clarksburg.
Protecting public health remains the top priority, and together we will ensure
residents impacted by elevated levels of lead receive the resources they need,”
said Senator Capito.
“We are thankful for the quick response from
the EPA to our questions. Our office has been working almost daily with the
EPA, State of WV, and Clarksburg Water Board to address this issue and ensure
the residents have access to clean and safe water. It is critical that testing
and evaluation of lead levels happen quickly and that alternate water options
are made available,” said Representative McKinley. “The EPA and WVDHHR
must take every step possible to address this issue and assist the residents of
Clarksburg.”
The Clarksburg Water System serves approximately 18,000 residents via
8,500 service connections. Additionally, the System serves as a water supply
for a number of other public water systems in the area, which service an
additional 38,000 people.
The Members asked the EPA to take immediate
measures and respond to questions. They received the following responses:
1.
Exercise immediate authorities, such as those
available to the Administrator under Section 1442(d) of the Safe Drinking Water
Act (SDWA), to assist with emergencies involving public water systems by
providing grants to the System. If authorities under this section have not been
invoked, then what authority has EPA used to provide assistance?
a.
EPA has clearly described the actions that CWB
needs to complete to comply with the SDWA Order issued pursuant to Section
1431. We are pleased to also provide at your request a list of sources
(attached) from which CWB can seek funding and other assistance. EPA’s Office
of Research and Development has made a water supply corrosion expert available
to provide technical assistance to CWB. This expert has been on several
conference calls with CWB and WVDHHR to provide advice on corrosion control
treatment and the work needed to develop and implement a study to determine the
optimal corrosion control treatment for CWB.
2.
Collaborate with the State of West Virginia,
including the WVDHHR, and the System to assist in complying with the Emergency
Order, including efforts to coordinate sampling activities as well as provide
general sampling assistance. If EPA is not presently working with the State and
the System to provide sampling assistance, then how will EPA take action to
provide support?
a.
You will be happy to know EPA has been
actively and consistently collaborating with WVDHHR and CWB, offering technical
guidance and expertise on all aspects of compliance with the Order, including
sampling while carefully avoiding any violations of the Anti-Deficiency Act and
the Federal Grant Cooperative Agreement Act. EPA, in conjunction with direction
from the Center for Disease Control’s Agency for Toxic Substances and Disease
Registry (ATSDR), provided discretionary funding that is assisting the DHHR’s
Bureau for Public Health in setting up public child lead screenings with the
Clarksburg Harrison County Health Department.
b.
To assist CWB in its efforts, EPA has
provided:
·
an example of a recently completed sampling
plan under the Lead and Copper Rule (LCR), a blank sampling plan template and
instructions, and LCR guidance documents highlighting development of a sampling
plan and a materials inventory;
·
technical input on appropriate sampling sites
and methodology for sampling at customers’ taps;
·
technical guidance on information gathering
techniques CWB can use when customers request tap water sampling for lead so
that CWB can efficiently develop a list of compliance sample sites based on the
responses;
·
guidance about alternate methods to locate
lead service lines as well as technical input highlighting the risks of partial
lead service line replacement;
·
templates for consumer notifications of tap
water lead test results, input into appropriate flushing times for consumers’
taps, and cautionary guidance about use of over-the-counter drinking water lead
test kits;
·
examples of customer notification guides to
help residents identify if they have LSL on their property;
·
a corrosion control expert from our Office of
Research and Development who continues to provide guidance directly to CWB on
corrosion control;
·
comment to an auto-dialer message developed by
CWB to notify its customers;
·
a list of laboratories in the tri-state area
certified to analyze for lead in drinking water to widen the laboratories where
samples are sent for analysis, in response to CWB’s concern about lab capacity.
3.
Provide bottled water and point-of-use filters
to impacted residents served by the System. If EPA has not assisted in
obtaining bottled water and point-of-use filters for impacted residents, then
what help has EPA provided thus far?
a.
Section 1431 of the SDWA gives EPA authority
to order those who caused or contributed to the endangerment to provide
alternative water supply to the affected community. The burden to comply with
the order falls on the respondent. EPA can and has supported CWB by providing
technical support and expertise in all matters where CWB has sought assistance.
It is not EPA’s role to provide services to the recipient of an Agency
enforcement action to assist the recipient in complying with that enforcement
action.
The letter from Senators Manchin and Capito
and Representative McKinley can be read in full here.
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