In lead poisoning cases, emphasis is often placed on the paint and soil surrounding the home as the site of exposure. However, two sources of lead exposures, which are difficult to control for, are not frequently recognized by the general public: (1) lead in tap water, and (2) lead in the air we breathe.

The problem with lead in tap water results from the various treatment processes intended to improve the water quality. Some of these processes alter the chemistry of the water, which destabilizes lead-containing service lines, pipes, faucets, and fixtures, allowing the lead to contaminate the water. Water usage patterns contribute to this, because when water is sitting in contact with the pipes and other lead-containing parts while residents are sleeping or at work, it leaches out more lead than it would when it’s just passing through. This means that when residents first wake up and when residents first arrive home, they are more likely to be exposed to high levels of lead at those times.

Two cities have been shown to have significant problems with lead in the tap water: Providence, Rhode Island, and Portland, Oregon. The problem in Providence is mainly due to the prevalence of older housing with old, lead-containing pipes. The issue is compounded by the soft, naturally corrosive water present in most of New England. Tests done in Providence show that even when water has been flushed for one minute before samples are taken, lead levels continue to exceed the Environmental Protection Agency (EPA) action level (the level of exposure to lead at which action must be taken) of 15 parts per billion (ppb). Tests were not done to analyze the levels of lead without flushing the water, but tests indicate that the levels of lead are even higher if residents neglect to flush their tap water prior to use. Despite this evidence, the health department in Providence insists that paint and soil are the primary sources of lead exposure.

The lead problem in Portland is due to a unique resistance on the part of its residents to chemical alterations in the tap water. One such chemical alteration, if the residents were willing to add it, would reduce the corrosive nature of the water. Without this alteration, the water corrodes the solder and brass plumbing, releasing lead that would otherwise be safely contained in the metal of the pipes. Like Providence, Portland maintains a focus on lead paint as the primary source of exposure, and minimizes the potential exposure from its tap water, even though the city has exceeded the aforementioned action levels of 15 ppb as recently as 2006.

The lack of focus on lead in tap water in these and other cities is largely due to the current public health mindset regarding the real sources of lead exposure. Even the CDC and the EPA do not focus on tap water as a potential exposure source. Neither agency specifies when or how to test water for lead. Generally, the only time these agencies recommend testing tap water is when a child has already been diagnosed with lead poisoning and testing has revealed no other significant source of lead exposure.

The primary sources of lead-contaminated air are facilities with high levels of lead emissions, such as smelters, metal foundries, and power plants. Two hundred facilities across the US emit between one-half and one ton of lead particles per year, and another 139 facilities emit more than one ton per year. This means that those living near these plants are at risk of inhaling lead simply from breathing the air. In response, the EPA plans to monitor those plants emitting more than a half-ton of lead particles per year and determine whether steps need to be taken to minimize those emissions.

It should be noted, however, that some of the lead in the air is not from these facilities, but rather from road dust and soil that has been contaminated by leaded gasoline. When leaded gasoline was prevalent, many lead particles settled on the ground. When these particles are disturbed, they are re-released into the air. When children play in the soil, they ingest and inhale lead. The lead accumulations on the roads and soil are prevalent in poor, inner-city neighborhoods, which directly coincides with the high rates of lead poisoning cases from these neighborhoods.

It is necessary to consider all sources of lead inhalation and ingestion in the development of public health policies. Much of the so-called "science" upon which lead policy is based was based on researchers with a bias toward paint, rather than other sources of lead poisoning. It is only with great reluctancy that other potent sources of lead, including soil, air, and water are recognized. It is interesting that the researchers’ focus tends to be on sources of lead for which money through lawsuits can be obtained. This is particularly concerning when the researchers’ roles as paid experts for plaintiffs is factored into the analysis. For more information regarding these issues and how to prepare the best defense for your lead case, please contact David M. Governo at 617-737-9045 or dgoverno@governo.com.