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National Legislation and Policy Issues

Healthy Housing Policy Agenda: The Alliance for Healthy Homes and the National Center for Healthy Housing call on leadership from all levels of government and the private sector to create healthful housing for families in America through practical policy approaches.

Research, Hazard Intervention and National Outreach for Healthier Housing Act (RHINO-HH): Senate bill S. 3654, introduced by Senator Jack Reed (D-RI) in September 2008, emphasizes cost-effective approaches and market-based incentives to make homes healthier and safer without detracting from their affordability. The multi-faceted legislation aims to improve research, enhance the capacity of federal programs, and expand national outreach efforts.

Bill provisions include:
• Provides funding for existing federal housing programs, such as CDBG, HOME, and LIHEAP to add healthy homes components to their programs.
• Leverages the private market interest in healthy homes by creating a voluntary “Healthy Homes Seal of Approval” modeled after the successful Energy Star program.
• Authorizes $7,000,000 for each of the next five years for the National Institute of Environmental Health Science and the Centers for Disease Control and Prevention (CDC) to evaluate the health risks and human health effects of indoor exposure to chemical pollutants including carbon monoxide, chemical asthma triggers, and common household and garden pesticides.
• Authorizes $6,000,000 for the Department of Housing and Urban Development (HUD) to study methods for the assessment and control of housing-related health hazards.
• Provides $10,000,000 for HUD and CDC to study the indoor environmental quality of existing housing and to create a system for monitoring housing related hazards.

For a summary of the bill, please visit this page on the National Center for Healthy Housing website.

Federal Agency Issues

Remodeling, Repair and Painting Rule
On March 31, 2008 the U.S. Environmental Protection Agency (EPA) released its final lead-safe remodeling, repair and painting rule. EPA's announcement of the rule followed years of regulatory delay.

The rule requires contractors and workers who work in older homes and child-occupied facilities to take simple, low-cost precautions to avoid creating and spreading lead debris and dust, and to clean up any dust or debris that is generated. The rule also requires the firms and renovators that are disturbing lead paint to be certified and to have at least one employee who has completed a one-day lead-safe work practices training and, as a result, is a "certified" renovator. Renovators are responsible for providing “on-the-job” training for other workers. Power sanding, open flame burning, and sandblasting of painted surfaces are prohibited by the rule.

Click here to read the Alliance’s and National Center for Healthy Housing’s joint press release on the final remodeling and renovation rule. While they applaud EPA’s final regulation to protect families from unsafe renovation, repair, and painting work, there are several problems in the final regulation that deserve serious attention. The Alliance and NCHH have proposed a Legislative Agenda to strengthen the rule.

Background
In 1992, Congress instructed EPA to develop regulations to create standards for conducting lead abatement activities and to ensure that other renovation and repair activities do not create lead hazards that could harm children. EPA followed through with the abatement side, creating a structure for training, licensing, and regulating the lead abatement industry. However, work done during the course of renovation—which affects many more properties than lead abatement—was left unregulated by EPA contrary to congressional mandate. After more than a decade of false starts, EPA finally got serious about issuing a rule in response to political and legal threats in 2005. To read the Alliance’s comments on EPA’s draft rule, click here.

Next Steps
The EPA is giving states a year to step forward and seek authorization to enforce the rule within their jurisdictions. In February 2009, EPA finalized a revised lead-safe work practices training course and other educational and outreach materials. As of April 2009, training providers may apply for accreditation to teach the eight-hour lead-safe work practices and a four-hour refresher course. In October 2009, renovators and firms may start applying for certifications. By April 2010, all requirements of the rule go into full effect, and thereafter only certified firms and individuals may legally perform the work covered by the regulation. The National Center for Healthy Housing and the Alliance for Healthy Homes developed a list of proposed fixes that EPA or states could make to the Lead Renovation, Repair and Painting Rule when they consider the revisions or adoption of the rule.

On Aug. 21, 2008, the EPA issued a Federal Register notice on the fee structure for multiple lead disciplines. The EPA’s fees cover training providers, firms, and workers seeking accreditation under existing lead disciplines as well as the fees to be collected from trainers and firms under the new remodeling and renovation rule. Read Alliance staff member Jane Malone's comment to the EPA on the proposed fee structure.

Resources
Summary of EPA’s final RRP rule
RRP Key Requirements Brochure
Sample press release for local advocacy around the rule and its implementation
Comparison of De Minimus requirements in Federal Lead Rules
Advocates' Recommendations for Renovation, Repair, and Painting Program Rules


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.