[ Print Version ]
February 2006

IN THIS ISSUE:

Proposed FY 2007 Federal Budget Underfunds Core Commitments to Healthy Homes

The Bush Administration’s proposed FY 2007 budget falls short of protecting vulnerable people from unhealthy conditions in their homes, underfunding the key programs at HUD, EPA, HHS, DOE, and CDC that address lead poisoning prevention, asthma management, and other important healthy homes issues.

Among the initiatives that receive less money than necessary to be effective is EPA’s proposed remodeling and renovation rule. The Administration has proposed spending only $570,000 to begin implementation of the rule during FY07, far short of the money that will be needed to lay the groundwork for outreach, education, capacity-building, and enforcement.

HUD’s Office of Healthy Homes and Lead Hazard Control is targeted for large cuts. The office, funded at $152 million in FY06, would receive just $115 million under the administration’s budget request. Cuts in the office would come primarily through discontinuation of the High Lead Areas Removal Initiative, a Congressional priority to help families in cities that face the biggest lead hazard threats, as well as a $3 million reduction in funding for technical assistance.

The budget also calls for a $91 million cut (29 percent) to DOE’s weatherization programs, at a time when energy costs are rapidly rising and show no sign of coming down in the foreseeable future.

CDC’s environmental health priorities, including its asthma and lead poisoning prevention programs, are also recommended for cuts in the FY07 budget request. Though not slated for deep cuts, the lead poisoning prevention program needs at least another $15 million on top of what is proposed to adequately address lead poisoning in the ten cities it sees as having the worst lead poisoning problems, and to make continued progress toward the federally-mandated goal of eliminating childhood lead poisoning by 2010.

The budget scheme also guts core programs such as Medicaid and Community Development Block Grants, key threads of the safety net supporting basic health care and decent housing for the nation’s most vulnerable populations.

More information on the FY 2007 federal budget process is available at www.afhh.org/aa/aa_hh_policy_federal_funding.htm, www.cbpp.org, and http://thomas.loc.gov/.

Rhode Island Judge Rules State Lead Law Unconstitutional

On January 10, a state court judge in Rhode Island ruled that the state’s lead hazard control law, passed in 2002, violates the Rhode Island constitution. Judge Stephen J. Fortunato, Jr., stated in his opinion that the law’s exemption of two- and three-unit owner-occupied rental properties violates the state’s equal protection clause, and that the state had no rational basis for the exclusion.

The ruling is a result of a lawsuit filed by a coalition of landlords who argued that the law must apply to all rental properties equally. The state argued that there was a rationale behind the legislature’s decision to exempt two- and three-unit owner occupied residences, stating that small rental properties in which owners actually live are far less likely to have deteriorated conditions than larger buildings owned by absentee landlords. Fortunato, however, said that the state did not have the data to back up its assertions and sided with the landlords.

Despite his finding of unconstitutionality, Fortunato did not strike down the law or stop its implementation. Instead, he said that he was giving the legislature a chance to fix what he sees as the law’s problems before taking additional action. Advocates have said that while they’re glad that the judge didn’t stop the law in its tracks, they’re very concerned about the now-uncertain future of the law.

The Rhode Island Attorney General’s Office said it would await word from the legislature before deciding whether to appeal the decision.

The full text of the opinion, Stephen C. Mackie v. State of Rhode Island, is available at www.projo.com/news/pdf/2006/leadmitigationruling.pdf.

Rhode Island Case Against Lead Pigment Companies in Hands of Jury

The State of Rhode Island's case against four lead pigment companies headed to the jury on February 10. Prior to closing arguments, after numerous motions from the defense, Superior Court Judge Michael A. Silverstein ruled to forbid the state from introducing evidence regarding how much money Rhode Island has already spent responding to lead poisoning and lead hazards, and on February 7 said the state cannot ask for damages to pay for expenses it has already incurred.

On February 8 and 9, both the lead pigment manufacturers and the state presented their closing arguments. The defense continued to insist that the state had not met its burden of proof, going so far as to say, "The defendants believe there is no case here." The state countered by arguing that it has presented ample evidence that products manufactured and aggressively marketed by lead paint companies posed a known risk to humans and that deteriorated lead-based paint found in homes throughout Rhode Island now poses a public nuisance.

There is no word as to when the jury might return its verdict. For more information on state and local government lawsuits against the lead pigment industry, visit www.afhh.org/aa/aa_legal_remedies_lawsuits.htm.

Targeted Comments Encouraged on EPA Remodeling and Renovation Rule

EPA’s renovation and remodeling rule has been published for comment at www.epa.gov/lead/pubs/renovation.htm. Among the topics for which EPA has requested comment are peer-reviewed studies or data about the ill effects of renovations. The Alliance encourages the parents of children who were lead-poisoned as a result of renovation work conducted by paid contractors in pre-1978 homes to comment to EPA about those experiences at an upcoming hearing or in the docket. Though comments are not due until April 10, early submissions are strongly encouraged. For more information, contact Brian Gumm at bgumm@afhh.org or 202-543-1147.

EPA Issues Final Rule on Testing Pesticides on Humans

On January 26, the EPA issued its final rule on using data from studies that test pesticides on humans. The new rule prohibits the intentional dosing of pesticides on infants, children, and pregnant women, but it does provide loopholes that will still allow data from other types of studies that could involve these vulnerable populations.

EPA says that the rule “provides far-reaching protections for all Americans and bans pesticide testing on pregnant women and children.” However, environmental organizations and some members of Congress assert that loopholes in the rule will still allow some pesticide tests on children and pregnant women if EPA determines that it needs the information to “protect public health.” Advocates also said that under additional “narrowly defined circumstances,” such as certain tests conducted outside of the United States, EPA could also accept data from pesticide tests involving children. EPA disputes that claim.

EPA received nearly 50,000 comments on the rule in the three months after it was proposed. For a copy of the final rule, see www.epa.gov/oppfead1/guidance/human_studies_finalrule.pdf.

House Bill Addresses Environmental Justice Concerns in Hurricane Recovery

A hurricane recovery bill authored by U.S. Representative Mel Watt (D-NC) and co-sponsored by other members of the Congressional Black Caucus includes a section that deals with environmental justice concerns, especially in the city of New Orleans. The bill is known as the Hurricane Katrina Recovery, Reclamation, Restoration, Reconstruction, and Reunion Act of 2005, H.R. 4197.

The environmental justice section would require EPA to develop a comprehensive environmental sampling and assessment plan, which the agency would put together in cooperation with state officials. The plan would include public health assessments, training of cleanup workers, a process for allowing residents to return to their properties, compensation for those who are unable to return to their properties because of environmental problems such as rampant mold growth and extreme flood damage, and an independent review process for all determinations of residential property habitability made under the plan.

The full text of the bill is available from http://thomas.loc.gov/. Type HR 4197 into the “Search Bill Text” box, select the “Bill Number” button, and click “Search.”

Alliance to Begin Healthy Home Salvage and Rebuilding Training in New Orleans

Resources for rebuilding housing in lower income New Orleans-area communities and others affected by Katrina and Rita’s floods and winds have been meager to date, and most savable homes are continuing to sit empty and further deteriorate. Without community action to jump-start safe re-occupancy and rebuilding, the restoration of these homes and communities may be delayed for years or may never happen at all. As residents and volunteers return in greater numbers to reclaim flood-affected homes in the new year, training and appropriate personal protective equipment are vitally needed to prevent exposure of these workers to toxic substances that have been documented in the sludge left in homes and yards by flooding and from astronomically high indoor mold levels.

The Alliance, working in partnership with Gulf-area community, housing development, and environmental organizations, has developed a scalable approach to helping people and communities reclaim structurally sound housing units. This approach has three major elements:

  • The cornerstone of our plan for healthy rebuilding is to provide health and safety training and appropriate safety equipment to local residents, volunteers, and contractors working to clean up and stabilize homes. The Alliance recently secured initial funding to begin this training.
  • We also plan to provide ongoing technical assistance to those who have been trained on safe clean-up and light renovation that promotes the recovery of their communities.
  • We also plan to train and assist people from community-based organizations, public health professionals, and local elected officials to perform indoor environmental hazard assessments for lead and mold, and to develop and execute strategies for mediating the hazards.

In addition, the Alliance is working to engage with local health, housing and environmental organizations to: create awareness and knowledge on how to mitigate environmental hazards and take corrective future steps, especially given the racial and socioeconomic health disparities; promote public policies that strengthen building and housing codes and linkages between green buildings, health, and the environment; and bridge the interests of housing and environmental groups to foster effective collaboration and promote health considerations in housing rebuilding and repair over the longer term.

Brookings Publishes Monthly Post-Katrina Indicators Index

Starting in late 2005, The Brookings Institution began publishing a monthly report on variables and indicators in post-Katrina reconstruction along the Gulf Coast. The report tracks economic, social, rebuilding, and other variables as Louisiana, Mississippi, and Alabama seek to recover from the devastation wrought by Hurricanes Katrina and Rita last year.

The report is available at www.brook.edu/metro/pubs/200512_katrinaindex.htm and will be updated every month until December 2006.

Common Household Pesticides May Increase Risk of Childhood Leukemia

Household insecticides used to spray houseplants, treat garden pests, and eradicate head lice may double the risk of childhood leukemia, according to French researchers. Published in the February 2006 issue of Occupational and Environmental Medicine, the study correlated exposure to these chemicals with increased risk of acute childhood leukemia.

Children whose mothers or landlords used common insecticides, known as carbamates, in and around the home while pregnant and long after giving birth were more than twice as likely to develop acute childhood leukemia than those whose mothers or landlords kept the home insecticide-free.

Although the study does not establish a causal relationship between household insecticides and the development of acute childhood leukemia, its authors believe the strong correlation warrants immediate protective action by parents and government alike. Some scientists disputed the suggestion that carbamates alone could be a cause of increased risk of leukemia, instead positing that exposure to the insecticides along with other toxic chemicals in the indoor and outdoor environment, often called the “cocktail effect” or the “toxic soup” theory, could be to blame. Such synergistic effects remain very poorly understood because they are not often examined.

The full text of the study is available from http://oem.bmjjournals.com/cgi/reprint/63/2/131. For more information on how to lower exposure risks to pesticides in the home, visit www.afhh.org/dah/dah_pesticides.htm.

Nonpersistent Insecticides May Lower Male Testosterone Levels

New research findings released in early January suggest that so-called “short-lasting” insecticides used in and around the home may reduce male fertility. The study, published in the January 2006 issue of Epidemiology, focused on the effects of chlorpyrifos, an insecticide commonly used against cockroaches and spiders in the home until 2000, when the U.S. Environmental Protection Agency began to restrict its use due to evidence that it caused damage to children’s central nervous systems and lower birth weights.

The study linked chlorpyrifos, an organophosphate, and its metabolite chemical, TCPY, to reduced levels of testosterone in men. Lower testosterone levels often correlate with adverse reproductive health outcomes, including infertility in men.

Despite the EPA phaseout, people are still exposed to chlorpyrifos, often from illegal pesticide use or sales. The study noted that the Second National Report on Human Exposure to Environmental Chemicals found that more than 90 percent of men had TCPY in their bodies.

The researchers who conducted the chlorpyrifos study previously reported on levels of 1-napthol (1-N) in men’s urine and the damage that chemical does to sperm concentration and DNA. 1-N is a metabolite of carbaryl, a common lawn and garden insecticide.

An abstract of the study is available online at www.epidem.com/pt/re/epidemiology/abstract.00001648-200601000-00012.htm;jsessionid=DG4om55rgeEmU1OXYQsSkVYdNGFKXF9dTXft9y1vk74TwI1zJ3w2!848925979!-949856144!9001!-1. For more information on how to lower exposure risks to pesticides in the home, visit www.afhh.org/dah/dah_pesticides.htm.

Recent Research Reinforces Danger of Low-level Lead Exposures

A study published in Environmental Health Perspectives in late December 2005 adds to a growing body of scientific evidence that there is no safe level of lead exposure for humans. The latest study focused on fetal lead exposure through a mother’s blood.

The study found that even small amounts of the toxic heavy metal can harm brain development of fetuses, and that lead exposure well below the current CDC level of concern of 10 micrograms per deciliter (µg/dL) can have a long-term impact on children’s IQ, up to at least age 10. Researchers said the findings are especially troubling because lead stored in the bones during a woman’s childhood can be released into her bloodstream and passed on to her unborn child during pregnancy.

Lead exposure during the early third trimester of pregnancy, around the 28th week, seemed especially hazardous to the health of the fetus, and increases in harm were most noticeable between one and six µg/dL. Study co-author Dr. Stephen Rothenberg says the study shows that the only safe level of lead exposure for pregnant woman and fetuses is “no exposure” at all.

The full text of the study can be found at http://ehp.niehs.nih.gov/members/2005/8552/8552.pdf.

Industry Pressuring EPA to Abandon No Safe Level of Lead Finding

Despite recent research showing that there is no safe level of lead exposure for humans, industry groups are pressuring the EPA to abandon a similar finding in a draft air quality document it released in December 2005, according to InsideEPA.

The air quality document, part of EPA’s review of its National Ambient Air Quality Standard (NAAQS) for lead, asserts that lead can be harmful at extremely low levels. The document highlighted studies showing that lead exposure causes harm in both children and adults at about one-tenth of the level currently considered “acceptable.”

Industry representatives are disputing EPA’s finding, as well as the findings of recent studies that examine the danger of low-level lead exposures. Industry scientists claim that several unnamed past studies indicate “no effects” when lead is present in blood at much higher levels than those discussed by EPA. Environmentalists and public health experts disagree with industry claims but faulted the draft NAAQS document for not drawing clear connections between blood lead levels and lead in ambient air.

For a copy of the draft NAAQS document, see http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=141779.

Massachusetts Carbon Monoxide Detector Law Goes into Effect in March

In March, a new Massachusetts carbon monoxide detector law goes into effect, affecting most residential property owners. The statute, known as Nicole’s Law, requires that all homes must have operable carbon monoxide detectors if they have attached garages or if their furnaces or hot water heaters burn natural gas, wood, coal, or heating oil.

The law was passed in response to the carbon monoxide death of a seven-year-old Massachusetts girl in the winter of 2004-2005 in a home without a detector.

Carbon monoxide is a colorless, odorless, tasteless gas produced by combustion devices. When combustion devices in the home are not properly maintained and vented to the outside, they can cause carbon monoxide to build up to dangerous levels. Moderate carbon monoxide poisoning can cause headaches, nausea, and dizziness, while severe cases result in coma or death. Chronic, low-level carbon monoxide exposure is believed to cause neurological damage.

For more information on preventing carbon monoxide poisoning in the home, visit www.afhh.org/dah/dah_carbon_monoxide.htm.

New Study Shows Carbon Monoxide Poisoning May Permanently Damage Heart

A new study published in the January 25 issue of the Journal of the American Medical Association reinforces previous evidence that carbon monoxide poisoning can cause permanent heart damage, even if patients survive the acute poisoning stage without obvious health effects. Some 37 percent of patients studied who were treated for carbon monoxide poisoning had heart muscle damage caused by the gas, according to researchers.

Symptoms such as headaches, dizziness, and neurological damage have long been associated with carbon monoxide, but until recently, heart damage was not considered a common result of acute poisoning. This and other studies show otherwise, according to lead author Dr. Timothy Henry of the Minnesota Heart Institute Foundation.

A majority of carbon monoxide poisoning is caused by accidental inhalation of the gas, produced by malfunctioning and poorly maintained home combustion devices such furnaces, water heaters, ovens, and space heaters powered by natural gas, fuel oil, or propane. Residents and property owners can easily avoid carbon monoxide poisoning by properly maintaining and providing proper venting for all home combustion devices.

An abstract of the study is available at http://jama.ama-assn.org/cgi/content/abstract/295/4/398. For more information on carbon monoxide poisoning and its prevention, visit www.afhh.org/dah/dah_carbon_monoxide.htm.

Research Suggests Indoor Nitrogen Dioxide Levels can Worsen Childhood Asthma

A new study published in the February 1 issue of the American Journal of Respiratory and Critical Care Medicine shows that moderate indoor exposure to nitrogen dioxide (NO2) can cause a worsening of asthma symptoms in some children with the disease. The association between indoor NO2 exposure and asthma symptoms was limited to children living in multi-family housing.

NO2 is produced by natural gas-fired stoves. Even at levels below EPA’s outdoor standard for the gas, exposed children in multi-family housing exhibited asthma symptoms. The study found that NO2 exposure in multifamily housing raised the risk of wheezing and difficulty breathing twofold in asthmatic children.

The study’s findings reinforce the need for rental property owners to properly vent stoves and ovens. Proper kitchen ventilation can significantly reduce concentrations of NO2, carbon monoxide, and water vapor, and can help combat mold and bacteria growth spurred by excessive moisture levels.

An abstract of the study can be found at http://ajrccm.atsjournals.org/cgi/content/abstract/173/3/297.

Wisconsin Governor Vetoes Bill to Preserve Ruling in Lead Paint Case

In early January, Wisconsin Governor Jim Doyle (D) vetoed a bill that would have counteracted a July 2005 ruling by the Wisconsin Supreme Court, which allows victims of lead poisoning to sue companies that formerly manufactured lead pigments and that marketed and sold lead-based paint in the state.

In vetoing the bill, Doyle said, “I cannot sign a law that closes the doors of justice to children who have been poisoned [by lead-based paint].” He went further, declaring that though Wisconsin has made great progress in reducing childhood lead poisoning, the problem remains substantial and ongoing.

Lawmakers who supported the bill criticized Doyle for allowing Wisconsin’s risk-contribution theory to remain standing. The theory allows victims to sue companies for injuries even if the victims don’t know exactly which company or companies’ products created the actual harm. The legislators claim that the theory allows manufacturers to be held liable for manufacturing and selling products that might not have even harmed a specific plaintiff. The legislators also asserted that Doyle had followed the state Supreme Court’s lead in “throwing the doors wide open to out-of-state trial lawyers.”

Parents of lead-poisoned children and health advocates, as well as victims’ rights attorneys, countered the legislators’ claims, stating that victims must still meet a high burden of proof in order to prevail on the risk-contribution theory. A victim must show that he or she ingested or inhaled dust laden with lead pigment, that he or she was harmed by the lead pigment, that the company or companies being sued manufactured and sold lead pigment in Wisconsin, and that the company or companies breached a duty of care to the victim bringing the lawsuit. Advocates and attorneys said that Doyle’s veto will allow victims who can meet the burden of proof to hold former lead pigment companies accountable for the irresponsible behavior of producing and selling a product that the companies knew to be harmful.

To read the full text of the bill Doyle vetoed, visit www.legis.state.wi.us/2005/data/AB-778.pdf. For a more detailed explanation of the July 2005 Wisconsin Supreme Court case that allows lead poisoning victims to sue former lead pigment manufacturers under the state’s risk-contribution theory, see www.afhh.org/res/res_alert_archives_aug05.htm#thomas.

New York City Budget Office Reports on Costs and Benefits of Lead Paint Law

The New York City Independent Budget Office (IBO) released in January a Fiscal Brief on the costs and benefits of the city’s recently updated lead paint law, commonly known as Local Law 1 of 2004. The law made more stringent the city’s rules on the inspection for and repair of lead-based paint hazards. When the law was passed, Mayor Michael Bloomberg (R) and his administration claimed that it would cost the city many millions of dollars to enforce with “little in the way of proven benefits.”

Though the IBO said that it was too early to tell if Local Law 1 of 2004 was having benefits such as more rapidly decreasing the number and severity of childhood lead poisoning cases in the city, it did note that the law has been effective in identifying lead-based paint violations, prompting emergency repairs, and helping the housing department expand and improve the operation of its code enforcement program.

Implementation costs for the law were much lower than those predicted by the Bloomberg administration. Of the $74.6 million that the administration budgeted for implementation in FY 2005, the city spent only $24.6 million. The IBO reported that the city is on pace to spend roughly the same amount in FY06.

A full copy of the IBO Fiscal Brief is available at www.ibo.nyc.ny.us/iboreports/LeadpaintFB_jan2006.pdf.

National Healthy Homes Training Center and Network Announces Next Round of Trainings

The National Healthy Homes Training Center and Network has announced eleven new offerings of its Essentials in Healthy Housing Practitioner course. A listing of the courses and online registration are available at www.healthyhousing.org/training/.

The Training Center and Network are also making related resources available. The course materials are located at www.healthyhomestraining.org/Practitioner/Materials.htm and include six videos online, as well as the entire two-day course on CD-ROM for those who are interested. The Training Center’s website was also recently enhanced and contains quizzes for several modules.

For more information, contact Tom Neltner at tneltner@centerforhealthyhousing.org or 410-772-2776.

NIOSH Completes Lead-Safe Work Practices Report for Vermont Agency

In 1998, the National Institute for Occupational Safety and Health (NIOSH) received a request from the Vermont Housing and Conservation Board to evaluate worker exposure to lead-contaminated dust and lead dust dispersion during lead paint removal. Though NIOSH previously sent the Vermont agency the sampling results from its study, it decided to release a follow-up report and a one-page fact sheet on its findings.

NIOSH found that lead dust levels were high during dry scraping and power sanding when sanders were not fitted with proper, functional HEPA vacuums. In contrast, wet scraping and HEPA-vacuum fitted power sanding systems resulted in low lead dust exposure to workers and a low level of lead dust dispersion in the home.

The report recommends that the Vermont Housing and Conservation Board, as well as other similar state and local agencies, suggest wet scraping and manual sanding wherever possible, require the use of HEPA vacuums if power sanding is a must, require respirators for all paint removal workers, and protect outdoor surfaces using plastic sheeting.

Copies of the fact sheet are available by calling 513-841-4252 and requesting HETA Report 98-0285-2989.

Asthma Regional Council Releases Evaluation of its Healthy Homes Trainings

The Asthma Regional Council of New England (ARC) sponsored a series of trainings called “Building Healthy and Affordable Housing” throughout New England in Fall 2003 and Spring 2004. Some 265 participants learned healthy homes building techniques that minimize the moisture, air quality, and pest problems that can lead to poor building and respiratory health.

The comprehensive evaluation of the trainings consisted of a two-part survey that solicited both quantitative and qualitative results, administered prior to the training and immediately following the training. Participants answered questions about how indoor environments affect resident health, the types of indoor environmental problems that trigger asthma, and specific building techniques and structural remedies that can correct these problems. ARC compared pre- and post-training survey results to establish how successfully the training communicated these concepts.

Evaluation analysis determined that the trainings changed participant knowledge in a number of areas. The most significant changes occurred in respondent recognition of asthma triggers. After the trainings, over 20 percent more respondents answered explicitly that cockroaches, rats, and lack of heat are asthma triggers when they did not do so before. In each training, increased knowledge with respect to pests also mirrored increased understanding of how to address pest problems. Following the trainings, respondents were more likely to cite specific and more varied remedies to pest problems than they were prior to the trainings.

Respondents also gave individual trainers high ratings, and the trainings were very well received. The success of the trainings sparked similar trainings throughout the region, laying the foundation for a network of support for sustainable efforts for healthy homes promotion and advocacy in New England. For a more detailed discussion of evaluation results, visit the ARC website at www.asthmaregionalcouncil.org, or contact Stacey Roberts at sroberts@tmfnet.org or 617-451-0049 ext. 512, or Ellen Tohn at etohn@comcast.net or 508-358-7770.

Upcoming Conferences

The Lead and Healthy Homes National Conference and the Indoor Environmental Health & Technologies Conference will be held March 28-31 in Charleston, SC. This conference will consist of two tracks, one focused on prevention of childhood lead poisoning, the other on addressing other indoor environmental health hazards including mold. For more information on the program tracks and other conference details, visit www.leadmoldconferences.com.

The National Conference on Asthma and Lead Poisoning will be held May 22-24 in Saginaw, MI. The conference will feature a variety of topics, including residential asthma triggers, best practices to minimize housing-related risk factors for asthma and lead poisoning, low-literacy community-based intervention methods, bilingual intervention programs, healthy homes initiatives, and more. The conference is designed for healthy homes advocates, public health officials, academics, federal and state legislative staff, and representatives from funders with an interest in lead poisoning and asthma. A complimentary pre-conference event on May 21 will take attendees to nearby historic Frankenmuth, MI, for sightseeing, shopping, and dinner. For more information, visit www.fni.org/leadandasthma.asp.

The Ohio Department of Health is sponsoring its 13th Ohio Lead Poisoning Prevention Conference June 20-22 in Columbus. The featured speakers and exhibitors will be from local, state, and national levels. The conference goal is to educate healthcare and environmental professionals, parents, and community leaders about the current medical, environmental, and programmatic issues of childhood lead poisoning prevention in Ohio. Continuing education units may be offered for nurses, sanitarians, and social workers. For more information, E-mail bcfhs@odh.ohio.gov or call Barbara Kochli Nixon at 937-285-6261.

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