Senate
Committee Passes Legislation to Strengthen
Lead-Safe Remodeling and Renovation Rule
On Sept. 17, the Senate Environment and Public Works Committee
passed S. 3639, the Protect Pregnant Women and Children from Dangerous Lead
Exposures Act of 2008. The bill would greatly increase health protections in
the U.S. Environmental Protection Agency’s (EPA)
Renovation, Repair, and Painting (RRP) Rule.
Recognizing the inability of EPA’s “cleaning
verification” procedure to demonstrate a safe environment for children,
the bill would require the use of clearance testing, including quantitative
dust wipe analysis, during most RRP projects. Trained renovators would be required
to be on-site during all RRP work, and allowed work practices would have to
be at least as stringent as those required by HUD’s Lead Safe Housing
Rule (meaning that dry scrapping and sanding would be prohibited). The bill
would also require EPA to update its definitions of lead hazard to reflect recent
scientific findings about the dangers of lead at lower levels. The bill also
creates a grant program, funded at $7 million per year, to fund local training
and enforcement programs.
The bill remains on the Senate Calendar for consideration
and could be considered during a lame-duck session after the election. It is
probable, though, that the measure will have to be taken up again by the 111th
Congress in January. The Alliance continues to encourage states considering
implementing RRP locally to incorporate additional health protections, including
true clearance and enhanced training criteria.
S. 3639 resulted from the merger of two other bills, S.
3495, introduced by Sen. Barbara Boxer (D-CA), and S. 3513 introduced by Sen.
Hillary Clinton (D-NY). The bill addresses most of the concerns raised in the
Alliance’s and the National Center for Healthy Housing’s joint Legislative
Agenda for strengthening the RRP rule, released a few months ago.
Click here for the full
text of S. 3639.
For more information on how states can improve upon EPA’s
rule, see http://afhh.org/res/res_staff_presentations_RepairingRRP_MacRoy.pdf.
The Alliance is also interested in working with states to assist with implementation
plans – contact Patrick MacRoy at pmacroy@afhh.org for
more information.
Research
Indicates EPA Residential Lead Dust Standards Are Inadequate
The National Center for Healthy Housing (NCHH) in September
released a series of analyses that show the current residential dust standards
established by the U.S. Environmental Protection Agency (EPA) to protect children
from lead paint hazards in housing are nearly four times too high.
Lead dust generated from old lead paint and contaminated
soil is the primary source of exposure for young children. Since 2001, EPA has
set standards for lead in residential dust and soil. When homes are tested for
lead dust by a certified risk assessor or sampling technician, they must meet
these standards to be considered “safe.”
However, the research completed by NCHH shows that the
current EPA standards leave more than 30 percent of children at risk of lead
poisoning.
NCHH found that the floor dust standard (currently 40 micrograms
per square foot (µg/ft2)) is four times as high as it should it be to
be protective. Lowering the floor dust standard to10 µg/ft2 would protect
at least 95 percent of children in the United States
from having blood lead levels at or above 10 µg/dL. Similarly, the current
windowsill dust level of 250 µg/ft2 is more than double NCHH’s recommended
standard of 100 µg/ft2.
NCHH made the following recommendations:
• EPA should revise its standards to reflect the findings of the new studies
• Parents, contractors, and risk assessors should use the new standards
in determining whether a home is lead-safe
• Local jurisdictions should adopt the new standards
The use of lead paint
in homes was banned in 1978. Lead remains a serious health risk today, with
an estimated 38 million homes containing lead-based paint. Lead-contaminated
household dust is the major source of lead exposure for children, and large
amounts of dust can be generated when paint is disturbed (e.g., during renovation
or repainting work) or if the paint deteriorates.
Model
Code Council Approves Some Important Healthy Homes Measures
The International Code Council's (ICC) final action hearings
occurred Sept. 20 and 21 in Minneapolis. Thanks to the efforts of healthy
homes advocates, the council approved several key healthy homes measures. Despite
this progress, however, much work remains.
The ICC approved:
1. In the International Residential Code (IRC, the construction
code for housing), requirements for single-station carbon monoxide alarms
in existing dwelling units with fuel-fired appliances or attached garages
where work requiring a permit occurs, and a requirement for the alarms in
all new dwelling units that have fuel-fired appliances or attached garages.
2. In the International Property Maintenance Code (IPMC,
the code governing maintenance of existing buildings), changes to the definition
of "Extermination" that update the term to "Pest Elimination;"
delete poison spraying and fumigation; and require elimination of all rodents
(not just rats) and water sources.
In addition to this fall’s progress, in February,
the ICC's Property Maintenance Committee approved adding requirements for joint
landlord-tenant responsibility for eliminating pests in multi-family housing
and for the ventilation of clothes dryer exhaust to the exterior.
While the successes were important, ICC members unfortunately
rejected revised proposals for adding the following requirements to the IPMC:
1. Repair of exterior deteriorated paint in pre-1978
buildings using lead-safe work practices (unless that paint is not lead-based
paint).
2. Correction of underlying source of moisture causing
interior paint failure and repair of interior deteriorated paint in pre-1978
buildings using lead-safe work practices (unless that paint is not lead-based
paint).
3. Maintenance of water temperature in showers and tubs
at a maximum of 120°F (required by IRC).
4. Carbon monoxide alarm in existing property with an
attached garage or a fuel-fired appliance (after 2009 – required by
IRC except where there is no permit-required work).
5. Bathroom floor surfaces that are smooth, hard, and
nonabsorbent (except in single family dwellings; exclusive of non-permanent
bathroom mats).
New model code change proposals must be submitted to the
ICC by March 24, 2009, www.iccsafe.org.
The Alliance for Healthy Homes and the National Center for Healthy Housing will
continue to pursue needed requirements in the model codes, coordinate efforts,
and keep readers up to date.
Sen. Jack
Reed (D-RI) Introduces Nation’s First Healthy Housing Bill
On September 29, Sen. Jack Reed (D-RI) introduced the Research,
Hazard Intervention, and National Outreach for Healthier Housing Act (RHINO-HH),
S. 3654. Reed’s bill emphasizes cost-effective approaches and market-based
incentives to make homes healthier and safer without detracting from their affordability.
The Alliance praised this multi-faceted legislation, as it 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
• 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 million 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 million for the Department of Housing and Urban Development
(HUD) to study methods for the assessment and control of housing-related health
hazards
• Provides $10 million for HUD and CDC to study the indoor environmental
quality of existing housing and to create a system for monitoring housing-related
hazards
HUD Soliciting
Feedback on Healthy Housing Strategic Plan
HUD's Office of Healthy Homes
and Lead Hazard Control (OHHLHC) has released a draft version of a healthy housing
strategic plan and is seeking feedback on the measure.
For the past 10 years, OHHLHC has funded a healthy homes
grant program, supported important research, and engaged in partnerships with
various agencies and organizations to advance healthy housing programs and policies.
The new strategic plan is intended to describe where this effort should be headed.
The initial five sections of the document provide key background
information on the program. The key section addressing "IV. Healthy Homes
Program Future Directions" is presented on pp. 30-39. It is organized around
four goals: National Framework, Key Research, Mainstreaming Healthy Homes, and
Enabling Community Action.
The Alliance urges all healthy homes advocates to read
and comment on this draft plan. You should submit your feedback
via e-mail to hudhhstrategy@hud.gov by Oct. 31. We encourage
advocates to also provide a copy of their comments to Ralph Scott at rscott@afhh.org
so we can incorporate the feedback into our advocacy plans.
CPSC
Panel to Study Cumulative Effects of Phthalates for First Time
For the first time ever, a federal agency will study the
cumulative effects of phthalate exposure on children. Part of the Consumer
Product Safety Improvement Act of 2008 (H.R. 4040) passed earlier in 2008, the
study will consider a variety of sources of phthalate exposure.
H.R. 4040 banned three types of phthalates permanently.
An additional three types of phthalates are banned temporarily while the scientific
panel at the Consumer Product Safety Commission (CPSC), known as a Chronic Hazard
Advisory Panel (CHAP), conducts further research on them. Upon the completion
of the panel’s work, the CPSC will have to decide whether or not to make
the ban on the additional phthalates permanent.
This precautionary approach to chemical toxics policy,
as well as the pending examination of cumulative exposures, is groundbreaking
in the United States. Usually, chemicals enter and stay on the market without
regulation and are only pulled if scientists prove a definitive health risk;
this often allows harmful substances to cause health effects in people before
preventative measures can be taken. Additionally, many chemical risk assessments
are flawed because they only study one or two exposure sources and do not attempt
to observe how various chemicals interact with each other. Scientists have been
pushing CSPC, EPA, and other agencies to take a close look at the effects of
multiple phthalates building up in the human bloodstream.
Phthalates are a class of chemicals used as plasticizers
in a wide variety of products, including some toys, cleaning and personal care
products, and even air fresheners. Certain phthalates are known or suspected
endocrine disruptors, meaning they impact and alter the human hormone system.
Phthalates are also suspected to be potent reproductive toxins, especially in
boys.
GAO
Says EPA is Failing on Children's Environmental Health Issues
Editor’s Note: The full
text of this article originally appeared in the Sept. 23, 2008, edition of the
OMB Watcher, the newsletter of OMB Watch.
The Government Accountability Office (GAO) told a Senate
oversight committee Sept. 16 that the U.S. Environmental Protection Agency (EPA)
has ignored recommendations from the Children's Health Protection Advisory Committee.
For example, in developing three recent air quality standards on particulate
matter, ozone, and lead, EPA either rejected the committee's recommendations
or treated them as one of many public comments.
In April 1997, President Clinton issued Executive Order
13045, Protection of Children from Environmental Health Risks and Safety Risks,
directing federal agencies to make a concerted effort to address children's
health issues because of children's greater susceptibility to toxic chemicals
and air pollutants. The order established an interagency task force co-chaired
by the heads of EPA and the U.S. Department of Health and Human Services (HHS).
In addition, EPA created an Office of Children's Health Protection (OCHP) and
the advisory committee.
Committee members include public health officials from
government, nonprofits, academia, industry, and health care organizations. OCHP
and other EPA officials have met with the advisory committee regularly, as have
outside groups. Nevertheless, GAO concluded that in more than 30 meetings of
the advisory committee in the first ten years, "EPA has rarely sought out
the committee's advice and recommendations to assist it in developing regulations,
guidance, and policies that address children's health."
EPA requested advice from the committee on regulations
only three times, on guidance three times, and only once on developing a policy.
Yet over the period GAO reviewed, the committee sent over 600 recommendations
for action EPA should take on a wide variety of issues, ranging from mercury
regulation and farm worker protections to pesticides and air pollution. GAO
concluded, "EPA has largely disregarded the advisory committee's recommendations."
Information
Available on the Safe Recovery of Flood-Damaged Homes
The month of September marked the statistical peak for
hurricane season on the Atlantic and Gulf coasts. Hurricanes Gustav and Ike
and Tropical Storm Hanna proved a cumulative disaster for coastal areas, as
well as the middle of the country, which got soaked by the storms’ remnants.
The Alliance has put together several resources for communities affected by
flooding, including a top ten list of quick tips to protect your family from
housing-related health hazards in hurricane impact zones.
Wal-Mart
Pressures California to Roll Back New Formaldehyde Rule
According to a Sept. 10 letter to retailing giant Wal-Mart,
the Sierra Club has learned that the company has been pressuring staff at the
California Air Resources Board (CARB) to relax the state’s new rule protecting
consumers and the public from the formaldehyde emissions from composite wood
products. The letter claims that before the California rule went to effect,
Wal-Mart had been pushing for CARB to accept composite wood products that comply
with the European Standards.
Tom Neltner, co-chair of the Sierra Club’s National Toxics Committee,
asserted in the letter that the European Standards are inadequate because they
do not have the quality control mechanisms in place to ensure compliance. Neltner
said, “The Sierra Club's experience with the 2007-2008 debacles with lead
in children's products and with formaldehyde levels in FEMA disaster recovery
housing makes clear that the quality control procedures for imports falls far
short of what is necessary to protect consumers.”
The nonprofit advocacy group EnvironmentCalifornia recently reported that that
baby furniture constructed with particleboard can give off enough formaldehyde
to raise formaldehyde concentrations in a room to unsafe levels. As the organization
notes, many baby nursery furnishings emit formaldehyde, and a baby sleeping
in a room with excessive formaldehyde emissions may face an increased risk of
allergies or asthma.
The Sierra Club, the Alliance, and 5,000 individuals from every state in the
nation have asked the U.S. Environmental Protection Agency (EPA) to expand the
CARB rule so it applies to the entire country. Key stakeholders in the industry
supported the concept of a national standard. In response to the petition, EPA
will be issuing an Advanced Notice of Proposed Rulemaking this fall as a first
step in that process. EPA will also be holding four regional public meetings
to discuss the issue.
Neltner closed his letter asking Wal-Mart to engage environmentalists and consumers
in a constructive manner instead of being combative and holding back progress
on a very important indoor environmental health issue. “Rather than fight
a rule that is critical to protect public health, Wal-Mart should embrace the
rule and support efforts to ... protect all Americans,” said Neltner.
DC Water Utility
Criticized on Lead Testing, Pipe Replacement Program
The Washington, DC, water utility announced
in September that it was cutting back its multimillion dollar lead service line
replacement program, claiming replacement costs were too high and that chemical
treatments have reduced lead levels in water significantly. However, lead poisoning
prevention advocates asserted that the drop in lead levels in the city’s
water isn’t as significant as the utility would have the public believe,
accusing the utility of using testing methods designed to hide lead.
Since 2004, the DC Water and Sewer Authority
(WASA) has undertaken an aggressive lead service line replacement program to
combat high lead levels in the District’s water. The high levels that
occurred between 2001 and 2004 were publicized in the Washington Post in early
2004 after WASA attempted to engage in a cover-up. The secrecy surrounding the
lead levels in drinking water prompted criticism from the public and members
of Congress. After much prodding, the U.S. Environmental Protection Agency (EPA)
and WASA agreed to implement several measures to reduce lead levels in DC’s
drinking water.
In addition to the replacement project, WASA
has been adding a chemical called orthophosphate to the District’s drinking
water supply. Orthophosphate slows the corrosion of pipes, including those made
of lead, and can reduce lead leaching from plumbing. However, advocates say
that while the orthophosphate has helped, WASA has engaged in a number of “testing
ploys” to make the chemical treatments appear far more effective than
they really are.
The lead poisoning prevention community recently
pushed for a round of independent drinking water tests, securing a testing regime
that should provide a more accurate picture of lead levels in DC’s drinking
water, according to advocates involved in the effort. This will be the first-ever
independent check on a major water utility’s supposed compliance with
federal lead standards.
DC lead poisoning prevention advocates are
also concerned that WASA is claiming to be moving away from partial service
line replacements that have been shown to actually increase lead levels at the
tap for an unknown period of time. In reality, the utility adopted a program
to continue partial replacements for several decades, but at a slower pace than
during the past four years.
Recent
Study Ties Common Plastics Chemical to Heart Disease, Diabetes
A study published in September in the Journal
of the American Medical Association (JAMA) ties a common plastics chemical with
an increased risk of heart disease and diabetes. The chemical, bisphenol A (BPA),
has been the subject of much controversy of the past several years because previous
research tied it to reproductive problems, especially in males.
BPA is found in a variety of plastic containers, most notably
drinking water containers and plastic baby bottles. Earlier this year, the Canadian
government issued a warning that BPA poses unacceptable health risks, especially
for infants and young children. Canada has since moved to ban BPA in baby bottles
and other children’s products, and several states and municipalities in
the United States are considering similar measures.
The chemical industry, the European Union, and the U.S.
Food and Drug Administration (FDA) all claim that in the amounts BPA is found
in consumer products, the chemical poses no risk to human health. The JAMA study
and others, however, contradict this assertion.
According to the British researchers who analyzed blood
and urine samples from more than 1,400 Americans, those in the highest quartile
of BPA exposure were more than twice as likely to have heart disease and diabetes
compared to the 75 percent of study participants with lower BPA concentrations
in their bloodstreams.
The study’s authors caution that more research is
needed but also noted that their results, combined with a series of studies
demonstrating other health effects of BPA, should give manufacturers and environmental
health agencies pause. Advocates also noted that the wisest approach to BPA
would be a precautionary one. They urged Congress and the states, FDA, and the
U.S. Environmental Protection Agency to follow the example of a recent Consumer
Product Safety Commission reform law that mandates study and a determination
of safety of another plastics chemical class, phthalates, before the substances
can be used in consumer products.
Alliance staff made several key workshop presentations
at the National Healthy Homes Conference in Baltimore in September. The conference
was a great success, bringing together government officials, nonprofit organizations,
and community experts, to share their goals and accomplishments in promoting
healthy housing across the country. Here are just a few highlights:
• Alliance Executive Director Patrick MacRoy provided
a compelling summary of the challenges we face in the collective goal to eliminate
childhood lead poisoning by 2010. MacRoy’s presentation, “Elimination
& Beyond: Remaining Lead Challenges and Integration into Healthy Homes,”
emphasized misconceptions with the current blood lead level of concern, as
well as current dust clearance standards that are not health protective enough
and how those standards affect what can be considered “elimination.”
• Alliance Housing Policy Director Jane Malone
identified key mechanisms for leveraging the resources needed to address hazards
in housing in her presentation, “Financing
to Ensure Hazard-Free Housing.” Malone highlighted seven
major resources in the private market, as well as governmental financing strategies
to support health hazard remediation in housing.
• Ralph Scott, the Alliance’s Community Projects
Director, shared the successes and frustrations of a joint campaign to inform
consumers about the chemical ingredients found in household air fresheners
in his presentation, “‘Air
Fresheners’, Indoor Air Quality and Federal Policy.”
Air fresheners are virtually unregulated but may contain potentially hazardous
chemicals (VOC’s such as formaldehyde and phthalates) that affect hormones,
reproductive development, and are linked to lung irritation, asthma attacks,
and increased rates of cancer. The Natural Resources Defense Council (NRDC),
the Sierra Club, and the Alliance have filed a lawsuit against the EPA to
require the government to mandate that manufacturers disclose the results
of safety assessments and properly label their products with full ingredient
lists.
If you appreciate the news and information in the Alliance
Alert, please consider making a tax-deductible donation to the Alliance!
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Upcoming Events
The Illinois Lead Program, in collaboration with the Illinois
Poison Center, will be conducting a Lead Poisoning Prevention Conference entitled
“Healthy Homes for Healthy Kids” on Oct. 23, 2008 in the Dove Conference
Center at the Prairie Heart Institute of St. John’s Hospital in Springfield,
IL. This joint conference is intended to empower attendees to examine ways to
utilize elected officials, health advocates, community health educators, and
lead industry contractors to reduce incidents of environmentally related illnesses
through public education, community outreach, and safe work practices. To register,
visit www.idph.state.il.us/training.htm.
For more information about the conference, call 217-782-3517.
The Childhood Action Project will be hosting a lead poisoning
prevention conference in Rhode Island on Oct. 24. The conference, entitled “Getting
to Zero,” will include workshops and panel presentations on childhood
lead poisoning prevention in the state, and it will feature keynote speaker
Lois Gibbs of the Center for Health, Environment, and Justice (CHEJ). For more
information, visit www.leadsafekids.org
or call 401-785-1310.
On Oct. 30 and 31, the Children's Environmental Health
Institute will hold its Fifth Biennial Scientific Symposium in Austin, TX. The
theme of this year’s symposium is “Blueprint for Children's Health
in the Built Environment” and will cover subjects related to healthy building
design, construction, and maintenance. Participants will learn how standards
for materials and the adoption of policies for operating practices can reduce
health risks to children by decreasing their exposure to environmental contaminants
and hazards and will see how physicians, architects/builders, businesses, and
others can "green" their practices and how it will impact children's
health and well-being. To receive a registration brochure, e-mail janie.fields@cehi.org.
For more information on the Children's Environmental Health Institute, visit
www.cehi.org.
The 2008 Indiana Lead Safe and Healthy Homes conference,
will be held Nov. 5 and 6 at the Marten House Hotel in Indianapolis. Conference
fees are $135 for the first person from an organization and $95 for each additional
person. The rate increases to $165 and $135 after October 6. More information,
including the conference brochure and registration form, is available at www.ikecoalition.org/Lead_Conf_2008/Conf_Preview_2008.htm.
Save the dates! The New England Regional Conference on
Eliminating Childhood Lead Poisoning, Implementing Healthy Homes Programs, and
Combating Indoor Environmental Hazards is scheduled for Nov. 13 and 14 in West
Springfield, MA. The 2009 National Lead Poisoning Prevention and Healthy Homes
Conference will occur April 28-May 1, 2009, in Orlando, FL. Both conferences
provide a wealth of information and a series of panel discussions from healthy
homes professionals and advocates. For more information, see www.LeadMoldConferences.com.
