By Jessica A. Knoblauch
Summers in the Midwest are great for outdoor activities like growing your garden or cooling off in one of the area's many lakes and streams. But some waters aren't as clean as they should be.
That's in part because coal companies have long buried toxic waste known as coal ash near many of the Midwest's iconic waterways, including Lake Michigan. Though coal ash dumps can leak harmful chemicals like arsenic and cadmium into nearby waters, regulators have done little to address these toxic sites. As a result, the Midwest is now littered with coal ash dumps, with Illinois containing the most leaking sites in the country.
Thankfully, Illinois policymakers have just passed a coal ash bill that will finally help address the coal ash problem. If signed into law, the new protections signal hope for those who have been impacted by toxic coal ash for far too long.
The landmark legislation comes after years of advocacy by community groups such as Eco-Justice Collaborative and the Central Illinois Healthy Communities Alliance, as well as legal work by Earthjustice, Sierra Club and others.
Children enjoy tubing along the Vermilion River, which is polluted by coal ash.
Photo courtesy of Pam Richart / Eco-Justice Collaborative
The momentum for stronger coal ash protections began to build in 2014, after Earthjustice won a court settlement that forced the U.S. Environmental Protection Agency (EPA) to enact the first-ever federal safeguards on coal ash. The new protections were a huge win for impacted communities at risk of coal ash disasters, like the one that hit Kingston, Tennessee, where dozens of homes were destroyed in 2008.
The Trump administration, however, was determined to carry out the coal industry's bidding. So in 2018, it announced it was weakening the coal ash rule. Earthjustice quickly sued the administration for its illegal action. At the same time we were defending the rule, Earthjustice attorneys were also arguing that the original 2015 protections should be even stronger. In August 2018, a court agreed, forcing policy makers and coal companies to accept the reality that they would eventually have to address this problem nationwide. Illinois alone, for example, has more than 80 impoundments, including more than 50 that must close in the next few years under the current federal rule.
While the cases played out in court, coal companies began reporting groundwater monitoring data required under the 2015 safeguards. According to industry's own data, almost all coal ash ponds nationwide — 91 percent based on the first year of data reported — are contaminating groundwater with toxins above levels that the federal EPA deems to be safe.
Armed with that damning data, which came to light thanks to analysis by Earthjustice and the Environmental Integrity Project, advocates banded together to push their legislators to address the contamination. With 22 of Illinois' 24 coal-fired power plants shown to have contaminated groundwater with unsafe levels of one or more toxic pollutants, state politicians and regulators could no longer avert their eyes to the dangers of coal ash. In Danville, Illinois, for example, local groups like Prairie Rivers Network brought the data to legislators like State Senator Scott Bennett (D-Champaign), who had long been concerned about nearby coal ash ponds contaminating his constituency's prized gem, the Vermilion River.
Now the coal industry's defenses are beginning to fail in both Illinois and around the country. Earlier this year, Virginia passed bipartisan legislation requiring a powerful utility to recycle at least 25 percent of its coal ash and move the rest to lined landfills that won't leak into nearby waters. In addition, North Carolina passed its own coal ash legislation, requiring another major coal player to completely excavate and close all of its toxic ponds in the state.
Now, all eyes are on Illinois, as the bill goes to Gov. Pritzker's (D-IL) desk for signing. Key aspects of the proposed Illinois bill include:
- Financial assurances that the cost of coal ash cleanup will be borne by the coal companies, not taxpayers.
- Public participation in the form of opportunities for public review, comment and hearings on proposed permits for closing and cleaning up ash ponds. Previously, more than 20 closure plans for coal ash sites in Illinois have been approved entirely behind closed doors. Now, the community has a voice.
- Regulations as protective as the federal rules as well as mandates that go above and beyond the federal rules. Those include requiring ash pond owners to evaluate closing the ponds by getting rid of the source of the pollution – i.e., digging up the ash – and prioritizing closure of high risk sites and those affecting environmental justice areas.
"After years of inaction, Illinois will finally be taking steps to protect the public from the environmental and financial threats posed by coal ash ponds," says Andrew Rehn of Prairie Rivers Network, which played a critical role in organizing, lobbying, grassroots work and media.
Earthjustice attorney Jenny Cassel adds that pushing the coal ash bill through has been a "fantastic team effort," with Earthjustice playing a leading role in drafting, negotiation, legal analysis and communications.
"The bill and the issue were relatively unknown in the House and we needed 60 votes to pass it," said Cassel. "We ended up getting 77 votes, a clear sign that the bill's bipartisan measures appealed to lawmakers on both sides of the aisle."
What a Real Coal Ash Cleanup Looks Like https://t.co/zeM62JKP7e
— Lakota Law Project (@lakotalaw) April 9, 2019
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In a new study, my colleagues Anisha Patel, Francesca Weaks and I estimate that approximately 61.4 million people in the U.S. did not drink their tap water as of 2017-2018. Our research, which was released in preprint format on April 8, 2021, and has not yet been peer reviewed, found that this number has grown sharply in the past several years.
Other research has shown that about 2 million Americans don't have access to clean water. Taking that into account, our findings suggest that about 59 million people have tap water access from either their municipality or private wells or cisterns, but don't drink it. While some may have contaminated water, others may be avoiding water that's actually safe.
Water insecurity is an underrecognized but growing problem in the U.S. Tap water distrust is part of the problem. And it's critical to understand what drives it, because people who don't trust their tap water shift to more expensive and often less healthy options, like bottled water or sugary drinks.
I'm a human biologist and have studied water and health for the past decade in places as diverse as Lowland Bolivia and northern Kenya. Now I run the Water, Health, and Nutrition Laboratory at Pennsylvania State University. To understand water issues, I talk to people and use large datasets to see whether a problem is unique or widespread, and stable or growing.
An Epidemic of Distrust
According to our research, there's a growing epidemic of tap water distrust and disuse in the U.S. In a 2020 study, anthropologist Sera Young and I found that tap water avoidance was declining before the Flint water crisis that began in 2014. In 2015-2016, however, it started to increase again for children.
Our new study found that in 2017-2018, the number of Americans who didn't drink tap water increased at an alarmingly high rate, particularly for Black and Hispanic adults and children. Since 2013-2014 – just before the Flint water crisis began – the prevalence of adults who do not drink their tap water has increased by 40%. Among children, not consuming tap has risen by 63%.
To calculate this change, we used data from the National Health and Nutrition Examination Survey, a nationally representative survey that releases data in two-year cycles. Sampling weights that use demographic characteristics ensure that the people being sampled are representative of the broader U.S. population.
Racial Disparities in Tap Water Consumption
Communities of color have long experienced environmental injustice across the U.S. Black, Hispanic and Native American residents are more likely to live in environmentally disadvantaged neighborhoods, with exposure to water that violates quality standards.
Our findings reflect these experiences. We calculated that Black and Hispanic children and adults are two to three times more likely to report not drinking their tap water than members of white households. In 2017-2018, roughly 3 out of 10 Black adults and children and nearly 4 of 10 Hispanic adults and children didn't drink their tap water. Approximately 2 of 10 Asian Americans didn't drink from their tap, while only 1 of 10 white Americans didn't drink their tap water.
When children don't drink any water on a given day, research shows that they consume twice as many calories from sugary drinks as children who drink water. Higher sugary drink consumption increases risk of cavities, obesity and cardiometabolic diseases. Drinking tap water provides fluoride, which lowers the risk of cavities. Relying on water alternatives is also much more expensive than drinking tap water.
A4: Choosing to drink fluoridated tap water over sugar-sweetened beverages to quench thirst is vital to protecting… https://t.co/3tm8wuWjeZ— Oral Health Watch (@Oral Health Watch)1600795750.0
What Erodes Trust
News reports – particularly high-visibility events like advisories to boil water – lead people to distrust their tap water even after the problem is fixed. For example, a 2019 study showed that water quality violations across the U.S. between 2006 and 2015 led to increases in bottled water purchases in affected counties as a way to avoid tap water, and purchase rates remained elevated after the violation.
The Flint water crisis drew national attention to water insecurity, even though state and federal regulators were slow to respond to residents' complaints there. Soon afterward, lead contamination was found in the water supply of Newark, New Jersey; the city is currently replacing all lead service lines under a legal settlement. Elsewhere, media outlets and advocacy groups have reported finding tap water samples contaminated with industrial chemicals, lead, arsenic and other contaminants.
Many other factors can cause people to distrust their water supply, including smell, taste and appearance, as well as lower income levels. Location is also an issue: Older U.S. cities with aging infrastructure are more prone to water shutoffs and water quality problems.
It's important not to blame people for distrusting what comes out of their tap, because those fears are rooted in history. In my view, addressing water insecurity requires a two-part strategy: ensuring that everyone has access to clean water, and increasing trust so people who have safe water will use it.
Chart: The Conversation / CC BY-ND. Source: AWWA / Morning Consult. Get the data
Building Confidence
As part of his proposed infrastructure plan, President Joe Biden is asking Congress for $111 billion to improve water delivery systems, replace lead pipelines and tackle other contaminants. The plan also proposes improvements for small water systems and underserved communities.
These are critical steps to rebuild trust. Yet, in my view, the U.S. Environmental Protection Agency should also provide better public education about water quality testing and targeted interventions for vulnerable populations, such as children and underserved communities. Initiatives to simplify and improve water quality reports can help people understand what's in their water and what they can do if they think something is wrong with it.
Chart: The Conversation / CC BY-ND. Source: AWWA / Morning Consult. Get the data
Who delivers those messages is important. In areas like Flint, where former government officials have been indicted on charges including negligence and perjury in connection with the water crisis, the government's word alone won't rebuild trust. Instead, community members can fill this critical role.
Another priority is the 13%-15% of Americans who rely on private well water, which is not regulated under the Safe Drinking Water Act. These households are responsible for their own water quality testing. Public funding would help them test it regularly and address any problems.
Public distrust of tap water in the U.S. reflects decades of policies that have reduced access to reliable, safe drinking water in communities of color. Fixing water lines is important, but so is giving people confidence to turn on the tap.
Asher Rosinger is an assistant professor of biobehavioral health, anthropology, and demography and director of the Water, Health, and Nutrition Laboratory at Penn State University.
Disclosure statement: Asher Rosinger receives funding from the National Science Foundation on an unrelated project. This work was supported by the Ann Atherton Hertzler Early Career Professorship funds, and the Penn State Population Research Institute (NICHD P2CHD041025). The funders had no role in the research or interpretation of results.
Reposted with permission from The Conversation.
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