Lead exposure through drinking water is an acute and persistent problem in the United States. The Flint, Michigan, water crisis brought national attention to this problem, but every city is at risk where lead-containing materials are present in water infrastructure and building plumbing. Preventing childhood exposure to lead is the consensus policy in the medical community and exposure costs the U.S. tens of billions of dollars annually, but the federal Lead and Copper Rule requires remediation only after lead is present at levels considered medically unsafe, and relies on an inherently unreliable testing program. Recent federal and state efforts to reduce exposure focus resources on lead pipe replacement and testing to identify lead risk; neither course adequately protects the public. This Article recommends promoting point-of-use filtration to remove lead, an approach that has received little attention despite the fact that filtration technology is inexpensive and very effective. It specifically recommends that Congress provide a refundable tax credit for individuals to acquire a filtration system and replacement filters, and require all non-residential buildings to use best available technology for filtration in drinking fountains. Promoting filtration is consistent with primary prevention, will provide individuals a means to protect themselves, and will effectively and efficiently remove toxic lead currently present at the tap.
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