Hi Brad,
Can you please make sure the attached letter is passed along to Director Wyant? I will forward along a physical
copy in the mail.
Thank you,
Jordan Dickinsen
Legislative Assistant
Congressman Dan Kildee (MI-05)
227 Cannon House Office Building
Washington, D.C. 20515
Phone: (202) 225-3611
xxxEND_PAGE:deq26_b135_1300_1311_05
DANIEL T. KILDEE
Sy Disvaict, Micon
PIMARCIAL SERVICER
Suncoantel On
Housine arp insurance:
WAGUNORON OFF LE
227 Cron House Oren Bunn
Wasnstarne, OG 20515
1202} 225-364
(202) 238-6393 {Fax}
DISTRICT OFF CE
Supcouunnres of 41% East Couar Siacer #38
Meco Ps Te Congress of the United States wrgawent
omenine Pov me House af Representatives aaa
Cenanenanions Comarree Washington, BE 20515 par rermenenerins
September 9, 2015 ( ORceDaniante
Ms. Gina McCarthy
Administrator
Environmental Protection Agency
1200 Pennsylvania Ave. NW
Washington, D.C, 20460
Mr. Dan Wyant
Director
Michigan Department of Environmental Quality
P.O, Box 30473
Lansing, MI 48909
Administrator McCarthy and Director Wyant:
The attached June 24, 2015, memorandum between two Environmental Protection Agency
(EPA) employees, Miguel A. Del Toral and Thomas Poy, published recently by the American
Civil Liberties Union of Michigan, suggests that there are high lead levels in the city of Flint,
Mich,, water transmission lines. Furthermore, this document reflects that children consuming this
water had levels of lead in their blood in excess of three times what they were prior to the city of
Flint switching its source water from the Detroit Water and Sewage Department (DWSD) te the
Flint River.
In addition, this memorandum makes recommendations to Mr. Poy, Chief of the Ground Water
and Drinking Water Branch of EPA Region 5, to do three things. First, for the EPA to work with
the Michigan Department of Environmental Quality (MDEQ)} to provide technical assistance to
the clty of Flint to deal with water quality issues. Second, it suggests the EPA review the
compliance status of the city of Flint in respect to its compliance with the Lead and Copper Rule
(LCR). Third, the memorandum recommends that the EPA conduct a review of the city of Flint
testing procedures to ensure they are compliant with the LCR.
Regarding this memorandum and the surrounding water quality isgues in the city of Flint, I have
the following questions:
e Was this memorandum actually sent to Mr, Poy?
xxxEND_PAGE:deq26_b135_1300_1311_06
1
|
|
|
i
e Are the findings in the memorandum regarding the lead levels in the city of Flint water
accurate?
e ifthere were in fact high levels of lead in the water in the city of Flint, when did the EPA
and/or MDEQ plan to alert the public?
e What, ifany, of the recommendations has the EPA followed from the memorandum?
e Given the demonstrated level of fead in the water in Flint, MI, is the water safe?
Regardless, I am very troubled by recent tests suggesting high levels of lead in the city of Flint’s
water system. As you know, on the EPA’s website it says that lead above the “action level” in
drinking water can cause a variety of adverse health effects, including delays in physical and
mental development in babies and children.
According to the Safe Drinking Water Act, the EPA has the responsibility of enforcing water
quality standards, EPA, however, has given the primary responsibility of enforcing water quality
standards to the state of Michigan via MDEQ. As such, it is the responsibility of these agencies
to engure that the people of the city of Flint have safe drinking water.
Thank you and | look forward to hearing from you soon.
Sincerely, =
ERE mnt
Dan Kildee
MEMBER OF CONGRESS
ce.
State Senator Jim Ananich
State Representative Sheldon Neciey
State Representative Phil Phelps
Mayor Dayne Walling, City of Flint
Howard Croft, City of Flint
Susan Hedman, EPA
Thomas Poy, EPA
Michael Schock, EPA-ORD
Darren Lytle, EPA-ORD
Denise Fartin, EPA
Liane Shekter-Smith, MDEQ
Pat Cook, MDEQ
Stephen Busch, MDEQ
Brad Wurfel, MDEQ
Mare Edwards, Virginia Tech
xxxEND_PAGE:deq26_b135_1300_1311_07
BO
gr Stary
= UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Ses 3 REGION 5
& 2 77 WEST JACKSON BOULEVARD
a e CHICAGO, IL 60604-3590
REPLY TO VE ATTENTION OF:
WG-15SE
ume 24, 2015
MEMORANDUM
SUBJECT: High Lead Levels in Flint, Michigan ~ Interim Report
FROM: Miguel A. Del Toral yoy
Regulations Menager, Ground Water and Drinking Water Branch
TO: Thomas Poy
Chief, Ground Water and Drinking Water Branch
The purpose of this interim report is to summarize the available information regarding
activities conducted to date in response to high lead levels in drinking water reported
by a@ resident in the City of Flint, Michigan. The final report will be submitted once
additional analyses have been completed on pipe and water samples,
Following a change in the water soures, the City of Flint has experienced a number of
water quality issues resulting in violations of National Primary Drinking Water
Regulations (NPDWR} including acuie and non-acute Coliform Maximum
Contaminant Level (MCL) violations and Total Trihalomethanes (TTHM) MCL
violations as follows:
Acute Coliform MCL violation in August 2014
Monthly Coliform MCL violation in August 2014
Monthly Coliform MCL violation in September 2014
Average TTHM MCL violation in December 2014
Average TTHM MCL violation in dine 2015
In addition, as of April 30, 2014, when the City of Flint switched from purchasing
finished water from the City of Detroit to using the Flint River as their new water
source, the City of Flint is no longer providing corrosion control treatment for lead
and copper,
A major concern from a public health standpoint is the absence of corrosion control
iseatment in the City of Flint for mitigating lead and copper levels in the drinking
water, Recent drinking water sample results indicate the presence of high lead results
xxxEND_PAGE:deq26_b135_1300_1311_08
in the drinking water, which is fo be expected In a public water system that is not
providing corrosion control treatment, The lack of any mitigating treatment for Jead jy
of serfous concern for residents that Hve in homes with lead service lines or partial
lead service lines, which are common throughout the City of Flint.
In addition, following the switch to using the Flint River, the City of Flint began
adding ferric chloride, a coagulant used to improve the removal of organic matter, as
part of the strategy to reduce the TTHM levels, Studies have shown that an increase in
the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by
increasing the galvanic corrosion of lead in the plumbing network.
Prior to April 30, 2014, the City of Flint purchased finished water fram the City of
Detroit which contained orthophosphate, a treaiment chemical used to control lead anc
copper levels in the drinking water. When the City of Flint switched to the Flint River
as their water source on April 30, 2014, the orthophosphate treatment for lead and
copper control was not continued, In effect, the City of Flint stopped providing
treatment used to mitigate lead and copper levels in the water. In accordance with the
Lead and Copper Rule (LCR), all large systems (serving greater than 50,000 persons)
are required to insiai] and maintain corrosion control treatment for lead and copper. In
the absence of any corrosion control treatment, lead levels in drinking water can be
expected to increase.
The lack of mitigating treatment is especially concerning as the high lead levels will
likely not be reflected in the City of Flint’s compliance samples due to the sampling
procedures used by the City of Flint for collecting compliance samples. The
instructions from the City of Flint to residents direct the residents to ‘pre-flush’ the
taps prior to collecting the compliance samples. A copy of the instructions provided
by the City of Flint to residents will be included in the final report.
The practice of pre-flushing before collecting compliance samples has been shown to
result in the minimization of lead capture and significant underestimation of lead
levels in the drinking water. Although this practice is not specifically prohibited by the
LCR, it negates the intent of the rule to collect compliance samples under ‘worst-case’
conditions, which is necessary for statistical validity given the small number of
samples collected for lead and copper under the LCR. This is a serious concern as the
compliance sampling results which are reported by the City of Flint to residents could
provide a false sense of security to the residents of Flint regarding Jead levels in the
water and may result in residents not taking necessary precautions to protect their
families from lead in the drinking water. Our concern regarding the inclusion of ‘pre-
flushing’ in sampling instructions used by public water systems in Michigan has been
raised with the Michigan Department of Environmental Quality (MDEQ), The MDEQ
has indicated that this practice is not prohibited by the LCR and continues to retain the
‘pre-flushing’ recommendation in their lead compliance sampling guidance to public
water systems in Michigan. A copy of the MDEQ guidance will be included in the
final report.
In the case of the Flint resident that contacted U.S. EPA (Ms. Lee-Anne Walters}, the
initial results from drinking water samples collected by the City of Flint in her home
Page 2 of §
xxxEND_PAGE:deq26_b135_1300_1311_09
for lead were 104 ug/L and 397 ug/L. The level of iron in the water also exceeded the
eapability of the measurement (>3,.3 mg/L). The lead results were especially slarming
given that the samples were collected using the sampling procedures described above,
which minimize the capture of lead. When contacted by U.S. EPA Region 5, the
MDEQ indicated that the lead was coming from the Walters’ plumbing. Ms, Walters
bad previously indicated that all of the plumbing in the hame was plastic.
Following the confirmation of the initial high lead results, U.S. EPA Region 5
conducted two visits to the Walters’ home on April 27, 2015 and May 6, 2015, Based
on an inspection of the plumbing and subsequent sampling conducted at the Walters’
residence, it was determined that except for a few minor metallic connectors, all
interior plumbing, including the pipes, valves and connectors are made of plastic
certified by the National Sanitation Foundation (NSF) for use in drinking water
applications. Subsequent sampling showed that the faucets in the home appear to be
compliant with the new lead-free requirements and are also not the source for the high
lead levels. Our inspection of the interior plumbing and analysis of follow-up
sampling results demonstrate that the home plumbing network is not the source of the
high lead levels found at the Walters’ residence. The photographs and afl sampling
results will be included in the final report.
Based on the U.S. EPA inspection and documentation of the plastic plumbing at the
Walters’ residence, it was suspected that the high lead was being introduced into the
Walters’ home plumbing from outside the home, likely from a lead service line, Three
portions of the service line were extracted during a subsequent trip on May 6, 2015
and sent for analysis, when the Walters’ service line was replaced. Analyses
performed io date indicate that a portion of the service line is made of galvanized iron .
pipe. Inspection of the remaining portion from the water main to the external shut-off
valve confirmed that the portion from the water main to the external shut-off valve is a
lead service line.
Ms. Walters has also provided U.S, EPA with medical reports on her child’s blood
jead testing indicating that the child had a Jow blood Jead level (2 ug/dL)} prior to the
source water switch and an elevated blood lead level following the switch (6.5 ug/dL).
Redacted copies of these reports will also be included in the final report.
Subsequent to the discovery of high lead levels in the Walters’ drinking water, the
water fo the Walters’ home was shut off on April 3, 2015. The water was briefly
turned back on to collect additional samples on April 28, 2015. Since the water had
stagnated for an extended period of time, the kitchen tap was flushed for 25 minutes
the night before collecting the samples. Three sets of samples were collected at
different flow rates (10 at low flow, 10 at medium flow and 16 at high flow).
Page 3 of 5
xxxEND_PAGE:deq26_b135_1300_1311_10
The drinking water samples collected from the Walters’ residence on April 28, 2015
contained extremely high lead levels, ranging in value from 200 ug/L to 13,200 ug/L.
(see below).
100000
O- Low flow
~-O~- Medium flow
—@~ High Now
Additional sampie results from resident-requested samples have also shown lead
levels in excess of the lead action level. As with the samples collected by the City of
Flint for complianes, the resident-requested samples arg also being collected using the
‘pre-flushing’, so the lead levels captured in these samples likely do not represent the
worst-case lead levels in the water and the actual lead levels at these homes may be
much higher.
Pending completion of the final report, my interim recommendations are as follows:
1. The U.S. EPA should follow up with the MDEQ and the City of Flint on the
recommendation made by U.5, EPA to MDEQ on June 16, 2015 to offer the
City of Flint technical assistance on managing the different water quality
” issues in Flint, including lead in the drinking water. Although there have been
two written assessments regarding water quality and operational issues in Flint
at the time of this report, they do not address lead in drinking water, The first
is an Operational Evaluation Report (OER) produced in November 2014 by
Lockwood, Andrews and Newnam, Inc. to assess the factors contributing to
high Total Trihalomethane (TTHM) levels in Flint following the source
change. The focus of this report is fo identify potential causes and remedial
actions for lowering TTHM levels. The second report (Water Quality Report}
produced by Veolia for the City of Flint on March 12, 2015, is an assessment
of Flint’s water quality and operations which provides advice to the City of
Flint primarily focused on TTHM control and other operational issues. Both
reports were written prior to the recent discovery of high lead results in Flint
drinking water. As such, the reports do not take info account the potential
effects on lead levels in drinking water.
Page 4 of 5
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As previously mentioned, the City of Flint currently has no mitigating
treatment for lead and is alse planning another saurce water change in the near
future. U.S. EPA's Office of Research and Development in Cincinnati has
exiensive experience in corrosion and corrosion control treatment and
distribution sysiem issues and would be a valuable addition to the drinking
water advisory group for the City of Flint. Copies of the qualifications and
experience for Michael Schock and Darren Lytle have been forwarded to
MDEQ.
2, U.S. EPA should review the compliance status of the City of Flint with respect
to whether the system is in violation of the LCR requirement to install and
yaaintain optimal corrosion control and whether the MDEQ is properly
implementing the LCR provisions regerding optimal corrosian contro}
treatment requirements for large systems, Pursuant to 40 CFR Section
141.82(i), the EPA Regional Administrator may review treatment
determinations made by a State and issue federal treatment determinations
consistent with the requirements of the LCR where the Regional Administrator
finds: (1) A state has failed to issue a eatrnent determination by the
applicable deadlines; (2) A State has abused its discretion in a substantial
number of cases or in cases affecting a substantial population; or (3) The
technical aspects of a State’s determination would be indefensible in an
expected Federal enforcement action taken against a system.
3. The U.S. EPA should review whether relevant resident-requested sarnples are
being included by the City of Flint in calculating the 90" percentile
compliance value for lead. Recent drinking water tests conducted at homes in
Flint for lead that are not part of the compliance sampling poo! have revealed
high lead levels in the drinking water. The U.S. EPA memorandum signed on
December 23, 2004 provides clarification on compliance determinations and
states that custorner-requesied samples are to be included in the 90" percentile
lead compliance calculation where the sampling is conducted during the
monitoring period from sites and sampling procedures meeting the LCR
criteria. Given the prevalence of lead service Nnes in the City of Flint, should
these sample results be from homes with lead service lines, the sample results
would be considered compliance samples under the LCR.
Also attached is a timeline of events for Flint, Michigan. Should you have any
questions regarding the information or recommendations provided, please let me
know.
ce! Liane Shekter-Smith (MDEQ}
Pat Cook (MDEQ)
Stephen Busch (MDEQ)
Michael Prysby MDEQ)
Marc Edwards (Virginia Tech)
Michael Schock, EPA-ORD
Darren Lytle, EPA-ORD
Page § of 5
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