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National Legislation and Policy Issues

Federal Agency Issues

Proposed Remodeling and Renovation Rule
In 1992, Congress required EPA to issue a rule that would require lead-safe work practices to be used when remodeling or renovating buildings built before 1978, the year that lead-based paint was banned in the United States. The rule was to have been adopted by October 1996. A protective RRP rule is one of the key ways to combat the completely preventable disease of lead poisoning.

Background
In response to Congressional pressure, a potential lawsuit from several organizations, and a letter sent in March 2005 by the Alliance and dozens of groups and individuals, EPA issued a proposed lead-safe remodeling and renovation rule on January 10, 2006. The rule, while mandating work site containment and other important protective measures, falls short in several respects. The proposed rule does not prohibit dangerous work practices, such as open flame torching, uncontrolled power sanding or grinding, and uncontrolled sandblasting or power washing, and it does not require clearance testing upon job completion to ensure that lead-contaminated dust is not left behind to poison residents. The Alliance worked with advocates from around the country to bring these important issues to light, and many diverse organizations submitted comments to EPA on the proposed rule. You can read the Alliance's comments here.

EPA reopened the comment period on the rule in early 2007, after two new studies were conducted. The Alliance and several other organizations submitted a sign-on letter during the comment period, urging EPA Administrator Stephen Johnson to personally intervene and see to it that EPA issues a final rule that adequately protects public health. You can read the sign-on letter here. The Alliance and the National Center for Healthy Housing also submitted comments, which you can read here.

HUD Issues Voluntary IPM Guidance in Reaction to Complaints about its Pesticide Policy
In October 2003, a number of groups and states Attorneys General called on the U.S. Department of Housing and Urban Development (HUD) to comply with an existing federal law governing the pest management activities of federal agencies. The groups and Attorneys General urged HUD to revise the Department’s regulations to require integrated pest management (IPM) practices at HUD-funded public housing developments. The Federal Insecticide, Fungicide, and Rodenticide Act mandates that “[f]ederal agencies shall use Integrated Pest Management techniques in carrying out pest management activities and shall promote Integrated Pest Management through procurement and regulatory policies and other activities.” However, at the time, HUD regulations did not address the issue for the 3,300 public housing authorities nationwide that manage HUD-funded developments.

Despite December 2003 and November 2004 responses asserting the adequacy of its past IPM efforts, in February 2006, HUD issued voluntary IPM guidelines for all public housing agencies. The guidelines recommend making IPM information available to public housing managers and "encourage" public housing agencies to use IPM in their properties. The guidelines contain no requirements or mandates about the use of IPM.