| IN THIS ISSUE:
In late July, Congress finished work
on H.R. 4040, a major bill that reforms and strengthens the
Consumer Product Safety Commission
(CPSC). Among other things, the legislation bans lead from
children’s products, directs CPSC to set up a product
hazards database, and bans certain phthalates in children's
toys.
Phthalates are a class of chemicals used
as plasticizers in a wide variety of products, including toys.
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.
The bill bans three types of phthalates
permanently. An additional three types of phthalates are banned
temporarily while a scientific panel 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 marks a new approach to chemical
toxics policy 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.
Advocates say this approach to phthalates,
as well as the ban on lead in children’s products, represents
a dramatic step forward in the way the United States regulates
chemicals and ensures the safety of the products Americans
use. They praised Congress for taking this action in the CPSC
reform bill but went a step further and called on Congress
and the executive branch to adopt a similar approach to chemical
safety as a whole. Environmental health experts agreed that
the most protective approach is to show that chemicals are
safe before allowing them on the market.
The CPSC reform bill comes at a critical
time for the agency. Over the past two years, CPSC has bungled
product recalls of dangerous children’s products and
has failed to act in a proactive, health-protective manner.
Recently, CPSC again showed that it is not adequately protecting
Americans when it released a faulty analysis of lead in artificial
turf. Such turf is used on some sports fields and playgrounds
across the country. The agency used questionable analytical
techniques and based its conclusion about safety on the basis
of whether the product could raise a child's blood lead level
(BLL) to 10 µg/dL, assuming an average child has an
existing BLL of around three. Beyond the fact that there is
wide agreement that 10 µg/dL is an inappropriate standard
(because there is no “safe” level of lead), this
standard fails to protect children who reside in areas with
a higher prevalence of lead and who already have a higher
BLL than the average 3 µg/dL.
For more information on H.R. 4040, visit
www.govtrack.us/congress/bill.xpd?bill=h110-4040.
The CPSC’s analysis of lead in artificial turf is available
at www.cpsc.gov/library/foia/foia08/os/turfassessment.pdf.
A discussion of the deficiencies of the analysis is available
at http://www.grist.org/news/2008/07/30/turf/index.html#comment6.
On July 30, President Bush signed the
Housing and Economic Recovery Act of 2008 (H.R. 3221), a comprehensive
housing bill containing a low-income housing trust fund with
an initial dedicated source of funding. This historic measure
marks the first federal low-income housing production program
approved since 1990 and the first that specifically serves
extremely low-income families since 1974. The lobbying campaign
for the trust fund began in 2001. It was led by the National
Low Income Housing Coalition and involved hundreds of local
governments and advocates for decent and affordable housing,
including the Alliance.
The trust fund provision is just one
element — but possibly the most significant one in the
long run — of a larger federal housing bill that seeks
to alleviate the U.S. home mortgage and foreclosure crisis.
The fund does not depend on annual congressional appropriations
but instead uses a portion of the profits that Fannie Mae
and Freddie Mac make on their mortgage loans, an estimated
$300 million a year. Under one compromise that helped smooth
passage of the bill, the 2009 profits of Fannie and Freddie
will be earmarked to cover losses the government might incur
in assisting troubled mortgage holders. Thus, actual funding
of the trust fund won’t begin until 2010.
Funds will be distributed to states under
a formula that reflects the severity of low-income housing
needs. At least 90 percent of the money must be used to construct
or rehab rental units. All funds are earmarked for very low-
or extremely low-income households. The improvement in the
physical condition of the nation’s low-income housing
stock that could result from this fund makes it a major tool
for promoting healthy homes.
A detailed summary of the act, including
the trust fund provision, has been published by Citizens Housing
and Planning Association and is available at www.chapa.org/pdf/h3221finalsummaryJuly282008rev.pdf.
On April 30, California’s new lead
poisoning prevention law went into effect. The law and rules
promulgated by the state apply to everyone
who remodels, demolishes, or paints residential buildings
constructed before 1978. The rules apply to contractors, rental
property owners, tenants, homeowners, and maintenance staff.
Those working in pre-1978 buildings are
required to use lead-safe work practices, including those
required by the U.S. Department of Housing and Urban Development’s
(HUD) Lead-Safe Housing Rule. Contractors and others can be
exempted from the rule, but only if they have paint in the
building tested and prove it to be lead-free. Only state-certified
lead inspectors and risk assessors can perform such tests.
Failure to follow the lead-safe practices
rules can result in fines of up to $1,000 per violation. Any
city or county health department, building department, housing
department, or environmental agency may enforce the lead-safe
work practices requirements.
The new rules are a good example of how
states can work proactively to fill in the gaps left by the
U.S. Environmental Protection Agency’s (EPA) lead-safe
remodeling and renovation rule, which was finalized in late
March.
For more on California’s new lead-safe
work practices rules, visit http://www.dhs.ca.gov/childlead/html/GENregs.html.
For more on EPA’s remodeling and renovation rule, see
http://www.afhh.org/res/res_alert_archives_marapr08.htm#finalrandrrule.
Two widely used classes of insecticides
have been implicated in the most frequent pesticide poisonings
nationwide. The chemicals, pyrethrins and pyrethroids, are
widely touted as “safe” pesticides and are used
in homes and gardens every day. The Center for Public Integrity
(CPI) uncovered the alarming rate of pesticide poisonings
from these compounds and has documented
its findings in a publication called Perils of the New Pesticides.
Pyrethrins are naturally occurring toxins
found in chrysanthemums (mums), and pyrethroids are their
synthetic counterparts. Found in a large number of household
insecticides, the chemicals accounted for 26 percent of all
major and moderate pesticide poisonings in the United States
in 2007, a 67 percent increase since 1998. In 2007, more than
1,000 people suffered “severe” reactions. In addition,
the U.S. Environmental Protection Agency estimates that the
chemicals have killed 50 Americans since 1992.
Besides use in insecticides, pyrethrins
and pyrethroids can be found in insect repellants, pet shampoos,
carpet cleaners, and anti-lice shampoos commonly used on children.
Strikingly, scientists and public health experts are unsure
about the long-term consequences of pyrethrin and pyrethroid
exposure in people, especially among vulnerable populations
such as children and those with allergies and asthma.
CPI’s findings underscore the need
to reduce and, where possible, eliminate the use of pesticides
in controlling pests in and around the home. Instead, homeowners,
rental property owners, and tenants should practice integrated
pest management (IPM), which utilizes physical controls, controlled
baiting, and the use of lower-toxicity pesticides as a last
resort.
For more on Perils of the New Pesticides,
visit www.publicintegrity.org/investigations/pesticides/.
Information on IPM is available at www.afhh.org/dah/dah_pesticides.htm
and www.beyondpesticides.org/.
The U.S. Environmental Protection Agency
(EPA) in mid-July announced that it charged a large Massachusetts-based
property owner, The Community Builders,
Inc. (TCB), and 23 associated property owners with violating
the federal lead disclosure rule.
EPA alleges that TCB and the other property
owners failed to disclose the presence of lead hazards more
than 800 times between 2003 and 2006. The owners hold and
manage rental properties in various locations in Massachusetts
and Connecticut. Properties affected by the violations are
located in New Haven and Vernon, CT, and Boston, Fall River,
Gloucester, Holyoke, Lawrence, Lexington, Springfield, Westfield,
and Worcester, MA.
Federal law requires that landlords and
property owners notify prospective tenants or purchasers about
the potential for lead paint hazards in residential properties.
Notifying prospective tenants about potential lead paint hazards
in housing helps parents protect young children from ingesting
lead.
For more on the disclosure law,
see www.afhh.org/res/res_Operation_LEAP_toolkit.htm.
On March 6, the Senate passed S. 2663,
the Consumer Product Safety Commission Reform Act, by a 79-13
margin. The bill, A highly toxic flame retardant banned from
use in children’s pajamas more than 30 years ago is
again finding its way into the consumer
product stream. It is currently found in a variety of household
products, including furniture, paint, and baby carriers. Unfortunately,
consumers are being left in the dark about the chemical’s
presence in their homes and its high level of toxicity.
The chemical, known as chlorinated Tris,
is a known human carcinogen and is also known or suspected
to cause reproductive and developmental defects, liver damage,
anemia (a blood disorder), and severe skin and eye irritation.
It is considers harmful by a variety of public health organizations
and research centers, including the World Health Organization,
the Consumer Product Safety Commission, and the National Cancer
Institute. One division of the U.S. Environmental Protection
Agency (EPA) also considers Tris to be a potent human carcinogen.
It is another part of EPA, however, that
is helping industry cover up the toxic nature of the chemical
and its widespread use throughout the household product industry.
EPA’s High Volume Production Challenge was designed
to inform American citizens about the highest volume usage
of toxic chemicals by U.S. industry. However, in the case
of Tris, the Challenge claims that the chemical poses no danger
to humans; this conclusion is based on the studies contained
in the program’s database, all of which were conducted
or funded by industry, and all but one of which is at least
25 years old.
According to environmental and public
health advocates, such industry bias in the EPA program is
endangering consumers and stripping them of their environmental
right to know. Groups such as the Environmental Defense Fund
have pledged to file a complaint with the agency over the
misuse of industry-funded studies and the lack of accurate
information about Tris.
The Tris controversy was uncovered
through an investigative
report conducted by staff of the Milwaukee Journal Sentinel
in Wisconsin. For more on chlorinated Tris, see
http://healthychild.org/blog/comments/chemical_update_chlorinated_tris/.
Research conducted
at the University of Washington has uncovered dozens of chemicals
in scented household goods such as air fresheners and laundry
products, and not all of the detected substances are benign.
The study, published in the July issue
of Environmental Impact Assessment Review, focused on six
products: dryer sheets, fabric softener, laundry detergent,
a liquid spray air freshener, a plug-in air freshener, and
a solid disc deodorizer used in commercial-airplane toilets.
It found a variety of chemicals, many of which pose a risk
of moderate to high toxicity, and some are known to cause
headaches, dizziness, skin and eye irritation, and asthma
attacks.
Chemicals uncovered include acetone,
the well known substance in nail polish remover whose vapor
stings the eyes and causes headaches; acetaldehyde and 1,4-dioxane,
both considered to be probable human carcinogens; and methyl
chloride, which causes liver, kidney, and nervous system damage.
Many of these chemicals are not listed
by name on product labels, but instead are listed as “fragrance”
or “inert ingredients.” Such vague labeling prevents
consumers from making informed choices to protect their families
from potentially toxic chemicals.
Industry representatives responded by
claiming that all of their ingredients, including those not
disclosed to the public, are “tested for safety”
and pose no risk to human health. Researchers and advocates
said such claims are not enough, asserting that manufacturers
must practice full disclosure and list every ingredient on
product labels.
Until such disclosure becomes common
practice, environmental health experts advised consumers to
avoid air fresheners, carefully read product labels that already
exist, and use unscented laundry products.
For more information on the study,
visit www.ce.washington.edu/people/faculty/bios/documents/Steinemann2008.pdf.
For more information on the Alliance and others’ lawsuit
against the EPA over air freshener labeling, see www.afhh.org/res/res_alert_archives_jul08.htm#airfreshenerlawsuit.
A new study in the journal Epidemiology
indicates that children exposed to radon in the home may be
at significantly greater risk of developing a certain type
of childhood leukemia.
Researchers in Denmark examined children
whose histories included varying levels of radon exposure.
Those with intermediate levels of exposure as compared to
children with the lowest levels of exposure were 21 percent
more likely to develop acute lymphoblastic leukemia (ALL).
Those with the highest exposure levels were at even more pronounced
risk, with a 63 percent increased change of ALL. Such correlations
did not hold true for other types of childhood cancer.
Scientists called for further research
into the radon-leukemia risk. Radon is also known to cause
lung cancer in adults. In fact, radon exposure is the leading
cause of lung cancer among nonsmokers in the U.S., killing
more than 20,000 Americans every year.
Click here
for more on the radon-leukemia study. For more on radon, see
www.afhh.org/hhe/hhe_radon.htm.
More information about ALL is available at the National
Marrow Donor Program website.
Thanks to the hard work of the Coalition
to Prevent Lead Poisoning in Rochester, NY, Strong Health
Clinical Laboratories, ACM Labs, and ViaHealth Labs have added
wording to blood lead test results of less than 10 µg/dL.
The new language indicates that although
such levels are below the Centers for Disease Control and
Prevention’s level of concern, blood lead levels below
10 still have the potential to cause neurocognitive deficits.
These changes to the lab reports should help reinforce to
physicians and parents the fact that blood lead levels below
10 µg/dL are not "normal" or “safe.”
The specific new language on the lab report form says, “In
1991 the Centers for Disease Control set the level of concern
at 10 micrograms per deciliter. However, new evidence is becoming
available that levels of 10 are not safe and that we should
consider levels over 5 a matter of significant concern.”
In addition, the New York State Department
of Health has asked the Wadsworth Lab (which sets laboratory
standards throughout the state) to determine whether all labs
in the state that perform blood lead analyses should be required
to similarly modify how they word blood lead test results.
For more on this topic and lead poisoning
prevention efforts in New York State, visit www.leadsafeby2010.org/default.aspx.
On July 22 and 23, the Alliance and Two
Rivers Regional Council of Public Officials in Quincy, IL,
co-sponsored two trainings for area contractors and property
owners affected by this summer’s Mississippi River flooding.
The training in “Safe, Healthy and Affordable Restoration
of Flood-Damaged Homes” was delivered by healthy homes
trainer Dennis Livingston, who worked with the Alliance to
develop and deliver a similar course several times during
the past two years in New Orleans and the Mississippi Gulf
Coast for people working to restore housing flooded by 2005’s
Hurricane Katrina. The training manual for the course is available
at www.afhh.org/res/res_pubs/shrfdh.pdf.
* * * * *
The Alliance is pleased to announce the
receipt of a grant from the U.S. Environmental Protection
Agency’s (EPA) National Community-Based Lead Outreach
and Training Grant Program. Starting this fall, the Alliance
will be working with the L.A. Community Legal Center, Pacoima
Beautiful, and the Healthy Homes Collaborative to build capacity
to provide lead-safe work practices training, increase community
awareness, and identify policy solutions to address lead poisoning
in several communities in Los Angeles County. We look forward
to working with our West Coast partners!
* * * * *
If you appreciate the news and information
in the Alliance Alert, please consider making a tax-deductible
donation to the Alliance! We rely
on donations from individuals and organizations to allow us
to do policy work in Washington and across the country. You
can make a one-time donation or sign up to make a recurring
monthly or quarterly donation on our website.
Thank you for your support!
* * * * *
Sign up to receive updates from
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visit www.afhh.org/forms/alert_subscribe.asp.
HUD, CDC, EPA, and USDA will co-sponsor
Building
a Framework for Healthy Housing: 2008 National Healthy Homes
Conference from Sept. 15-17 in Baltimore, MD.
The conference will focus on key themes that together build
the framework necessary to make homes safe, healthy, and efficient
for everyone: Building Capacity to Deliver Healthy Housing;
Mainstreaming Healthy Housing Principles; Creating Healthy
Housing through Research; Developing Enforcement and Regulatory
Strategies; Marketing Healthy Housing; and Educating the Public
and Practitioner. If you haven’t done so yet, register
now. There is no registration fee but you must
complete the online information form to register. If your
agency or company is interested in exhibiting, send an e-mail
to weilcm2@comcast.net to request exhibit
information.
Save the date for the 6th
Annual Conference on Children's Health and the Environment.
The conference will be held Sept. 18-19 in Philadelphia. The
conference is organized by the Pediatric Environmental Health
Specialty Unit (PESHU) of Region 3 – the Mid-Atlantic
Center for Children's Health and the Environment (MACCHE).
This two-day event is targeted to health care providers, public
health professionals, and the public. Discussions will explore
the intersection between the environment and child health
issues and will be centered on tracks including climate change,
healthy homes, exposure to toxicants and outcomes in children,
and emerging issues in children’s environmental health.
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