[ Print Version ]
January 2006

IN THIS ISSUE:

EPA Proposes Remodeling and Renovation Rule

The U.S. Environmental Protection Agency (EPA) proposed a lead-safe remodeling and renovation rule on December 29, 2005, after years of discussions with stakeholders and six months of pointed advocacy by Congress and numerous other advocates.

The proposed rule would apply to all remodeling and renovation work conducted in housing built before 1978. As proposed, EPA would use a two-phased approach, with the first phase focusing on rental and owner-occupied housing built before 1978 where a child has an elevated blood lead level, in rental housing built before 1960, and in owner-occupied housing where children age six live. The second phase of implementation would bring in rental housing built between 1960 and 1978, as well as owner-occupied housing built during that time period where a child under six resides.

The rule would require that all renovators be trained in lead-safe work practices and that they follow practices such as occupant protection, containment, and post-work cleaning in all renovation and remodeling work. Workers and firms falling under the renovator umbrella would include renovation contractors, maintenance workers, and painters.

One prominent omission from the rule is the lack of a clearance testing requirement after renovation and remodeling work is performed. Another is the absence of a prohibition against dangerous methods of removing paint such as uncontrolled power sanding and sandblasting.

For more information on the rule, see www.epa.gov/lead/pubs/renovation.htm. Public comments, due April 10, can be submitted online at www.regulations.gov or via mail at: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460-0001. All comments should be identified with Docket Number EPA-HQ-OPPT-2005-0049.

“Smart” Rochester Lead Ordinance Passes Unanimously

Making good on the Mayor of Rochester’s pledge at the Coalition to Prevent Lead Poisoning’s June 2004 Lead Summit, the Rochester City Council unanimously passed a comprehensive lead poisoning prevention ordinance on December 20 that requires preventive inspections for lead hazards. The measure was signed into law by outgoing Mayor William Johnson, Jr. on December 22, and later that day the City Council unanimously approved new regulations for the law.

Advocates have long recognized the need for stronger lead policy to address Rochester’s high rate of childhood lead poisoning in the absence of a statewide primary prevention law. With input from leading lead researchers, the Alliance, the National Center for Healthy Housing, the Centers for Disease Control, and many others, the Coalition submitted proposed legislation in January 2005. Alternative proposals were submitted by the Mayor and by a property owner group. These various possibilities were vigorously debated over the past year. The ordinance, which local advocates called “one of the smartest” lead laws in the U.S., has several notable features:

  • Mandatory visual inspection by city inspectors of all rental housing as part of the existing Certificate of Occupancy system, under which each building is inspected every five years
  • Targeted implementation of the inspections in “high risk” areas'
  • In the targeted areas, units that pass a visual inspection must also pass dust wipes and all units must be inspected by 2009
  • Everyone conducting lead hazard reduction must have Lead Safe Work Practices training
  • After work is completed, owners must obtain a clearance examination by a private lead sampling technician/risk assessor
  • A Citizens Advisory Committee will provide input into the implementation process

In addition, the Monroe County Executive has pledged to incorporate the code’s provisions in pre move-in inspections of homes of families on public assistance. This city-county model of primary prevention could inform national efforts to require lead safety in all housing for families on public assistance. In Rochester’s weak housing market, the need for financial resources to subsidize lead hazard reduction is critical. Thus, this law makes passage of a state and federal tax credit for lead hazard reduction even more urgent, and the Coalition has pledged to continue to work to bring additional funding options to help make Rochester’s housing lead-safe.

The full text of the Rochester ordinance is located at www.afhh.org/res/res_pubs/City_Code_final_Rochester_ordinance.pdf.

New York County Issues Report on Lead Poisoning Prevention Pilot Project

On December 2, Monroe County, New York, issued the report on its Deteriorated Paint Pilot Project. In 2004, County Executive Maggie Brooks directed Monroe County’s Health Department and Human Services Department to jointly study the feasibility of assessing residential properties for deteriorated paint that are rented to Monroe County families receiving temporary assistance benefits. The Departments conducted the study in the spring and summer of 2005.

All 30 units (100 percent) assessed for this pilot project had deteriorated paint. Eighty-three percent of these units were rated to be in excellent structural condition and 60 percent were rated to have a low overall amount of deteriorated paint.

During the project, property owners were encouraged to apply for a $3,500 U.S. Department of Housing and Urban Development (HUD) Lead Hazard Control grant offered by the county. The owners of nine of the units applied for the grant funds, and all nine units were awarded grants. The owners have since completed lead hazard reduction work, including clearance testing.

The report concludes that Monroe County should incorporate an assessment of risk for lead poisoning into its Quality Housing Initiative (QHI), a program designed to assure the safety of housing that is rented to public assistance clients. The report recommends that Monroe County, the City of Rochester, and their partners work together to implement the changes suggested.

For more information, visit www.monroecounty.gov/org1.asp?storyID=6392.

Inspector General Issues Final Report on HUD’s FY 2004 Healthy Homes and Lead Grant Award Improprieties

On December 7, the Office of the Inspector General (OIG) at the Department of Housing and Urban Development (HUD), issued its final audit report on improprieties in the 2004 healthy homes and lead hazard control grant process.

The report, titled “The U.S. Department of Housing and Urban Development Did Not Properly Award Fiscal Year 2004 Healthy Homes and Lead Hazard Control Grants,” resulted from complaints made in 2004 by the Alliance, other public interest organizations, and some Senators and House Representatives. The OIG issued interim results of the audit on May 16.

In summary, the OIG found that HUD’s Offoce of Healthy Housing and Lead Hazard Control (OHHLHC) did not properly award the majority of its FY 2004 grants. The audit found that of the 72 applications that were successful, OHHLHC did not properly evaluate, or could not demonstrate that it properly evaluated, 34 of them. The OIG found that eight grants, totaling $20.5 million, were improperly awarded, and 26 successful grants were not backed up by sufficient documentation to determine whether or not they were justified.

Furthermore, of 55 unfunded applications that OIG reviewed, 54 did not contain enough information in the files to support the decision to reject the grant applications. Despite the lack of information in OHHLHC’s files, the OIG was able to determine that one of the applicants was improperly denied a grant award worth $365,736.

The OIG found that these problems stemmed from a lack of adequate internal controls to ensure that the grant award process was fair and equitable. The report notes that following its May 16 interim report, OHHLHC changed management, no longer relied on a contractor to help with the grant award process, and updated its policies and procedures.

The OIG recommended further controls to ensure proper evaluation of grant applications and to maintain all documentation to support the award or denial of grants. The OIG also recommended that OHHLHC continue efforts to determine the legality of recovering the $20.5 million in grants that were improperly awarded in FY 2004, and suggested that if those funds are legally recoverable, the Office should also obtain the necessary documentation relating to the other 26 successful applicants and recover any additional amounts that may prove to have been improperly awarded. The OIG further recommended that OHHLHC review all unfunded applications from FY 2004 to ensure that unsuccessful applicants were not denied awards that they should have received.

The full text of the OIG’s audit report is located at www.hud.gov/oig/ig630001.pdf.

January is Radon Action Month

The EPA has designated January as Radon Action Month, an excellent time for homeowners and property managers to test for radon in single-family and multi-unit homes. It’s also an opportunity for state and local health and environmental protection departments to educate the public about this dangerous colorless, odorless gas, which can enter homes anywhere in the nation.

Exposure to radon is the second leading cause of lung cancer in America, and EPA estimates that approximately 21,000 lung cancer deaths each year are radon-related. Radon comes from the decay of naturally occurring uranium in the earth’s soil and can accumulate indoors to dangerous levels.

Simple, inexpensive do-it-yourself radon test kits are available. EPA recommends that houses with radon levels of 4 picocuries per liter (pCi/L) or more should be mitigated to prevent accumulation of the gas indoors. To learn more about how to receive a discounted radon home test kit and how to contact your state radon office, go to www.epa.gov/radon or call 1-800-SOS-Radon. For more in-depth reading on radon, see www.afhh.org/dah/dah_radon.htm#radonresourcedocuments.

Post-Katrina Yards and Homes Are Contaminated with Lead

In New Orleans, scientists continue to discover environmental health hazards in the aftermath of Hurricane Katrina. In a study published in December 2005 in the journal Environmental Science and Technology, Texas Tech University toxicologist Steven M. Presley describes elevated concentrations of lead in soil deposited by floodwaters caused by the hurricane.

The study found that two sites in a sample of 14 had lead above 400 parts per million, the level at which EPA says lead is hazardous in soil. Lead contaminated soil was found coating yards, as well as inside some homes, brought in when water invaded homes during flooding from Katrina. As floodwaters receded, they deposited this soil on floors, walls, and furniture.

Presley and others say that while the lead levels are not astronomically high, they still pose a threat to young children, who should not be allowed in homes or yards where lead-contaminated soil is present. The soil can also pose a risk to rehabilitation and demolition workers who tear out flooring and walls and remove belongings destroyed by the hurricane. All workers are urged to wear appropriate respirators and protective Tyvek outergarments and to dispose of all clothing contaminated with soil or dust during recovery work.

The lead hazard posed by contaminated soil is in addition to the health threat posed by lead-based paint that was damaged by hurricane. Much of the housing stock in New Orleans and throughout many Gulf Coast communities was built before 1978, meaning it likely contains lead-based paint. Water damage, subsequent excessive moisture, and structural damage have caused paint deterioration in many homes, leading to the creation of leaded dust that can easily become airborne and ingested or inhaled.

For information on healthy homes hurricane recovery, including how to protect residents and workers from lead-based paint hazards during rehabilitation and demolition, see www.afhh.org/res/res_pubs/Hurricane_Aftermath_Pb_Based_Paint.pdf.

Congress Approves Additional Hurricane Rebuilding Aid

In late December 2005, Congress approved spending and tax incentives that will provide some help for rebuilding areas affected by Hurricanes Katrina, Rita, and Wilma. A $29 billion spending package includes $11.5 billion for additional CDBG funds and $390 million for housing vouchers for displaced residents. The bill also permits the states of Louisiana and Mississippi each to provide up to $20 million to the Enterprise Foundation and the Local Initiatives Support Corporation for community capacity building and self-help housing activities.

Also, an $8 billion tax incentive package will provide Low Income Housing Tax Credits sufficient to develop approximately 50,000 new rental homes, primarily in Louisiana, Mississippi and Alabama; $1 billion in new economic development investments based on the New Markets Tax Credit in Katrina disaster areas; and additional tax-exempt bond authority in Katrina disaster areas.

For more information, visit www.lisc.org.

Vermont Struggles to Rein in Lead Poisoning Problem

Vermont officials said in December 2005 that the state is having a difficult time reining in its childhood lead poisoning problem. While lead poisoning has declined significantly in Vermont over the past few decades, one legislator identified it as the state’s number one child health problem.

Vermont contains the second oldest housing stock in the country, according to state officials, and elevated blood lead levels are three times the national average in communities with the worst lead poisoning problems. The Department of Health says it is not satisfied with the state’s progress on eliminating childhood lead poisoning.

Some state legislators are also concerned. State Representative Michael Obuchowski (D-Bellows Falls) said that he has never seen a report to the Legislature that the Department of Health was supposed to issue, detailing gains made protecting Vermont’s children from lead poisoning. He and State Representative Ann Pugh (D-South Burlington) said they will investigate options for crafting a tougher lead poisoning prevention statute. Local agencies say that such statements prove that the state’s law “needs to give given some teeth.”

For more information Vermont’s lead poisoning prevention efforts, visit www.healthyvermonters.info/hp/lead/leadguide.shtml.

Common Insecticides Persist in Homes and Pose Health Risks

In a study recently published in the International Journal of Hygiene and Environmental Health, researchers found that synthetic pyrethroids, a common class of widely used insecticides, persist for long periods of time in house dust when applied indoors. The researchers examined the chemicals cyfluthrin, cypermethrin, deltamethrin, permethrin, which are used extensively in commercial insecticide formulations sold at hardware and discount retailers in the United States and abroad.

The researchers found that one day after application in homes studied, concentrations of all four pyrethroids were significantly elevated. After six months, all four chemicals could still be found in the homes in which they were applied. A full year after application found two of the chemicals, permethrin and cyfluthrin, still remained in elevated concentrations in house dust. The persistence of these pesticides in house dust mean that children and families are exposed to the chemicals long after application against roaches and other insects, and the chemicals’ presence in house dust provides an easy ingestion pathway for children via normal hand-to-mouth behaviors.

Health effects from exposure to pyrethroids include headache, dizziness, nausea, and eye and skin irritation. Chronic effects from permethrin and cypermethrin could include lung cancer, breast cancer, and disruption of the endocrine and immune systems. Some synthetic pyrethroids are also suspected asthma triggers, meaning that they could be partially responsible for making asthma the number one health-related reason for school absences and could be contributing to the billions of dollars that asthma costs America every year.

Alternatives to synthetic pyrethroids and other indoor pesticides do exist. Integrated pest management (IPM), which uses well-established pest prevention and control strategies, can help prevent adverse health effects like those caused by exposure to pyrethroids. IPM emphasizes physical measures such as filling holes and cracks, patching screens, fixing water leaks and other sources of excessive moisture, and elimination of readily accessible food sources to prevent insect infestations in the home. To address existing insect problems, IPM provides lower-toxicity tools such as boric acid, diatomaceous earth, glue traps, gel baits, and tamper-proof bait stations that, unlike pesticide sprays, greatly reduce the risk of dangerous chemical exposures in the home.

For more information on the synthetic pyrethroid study, visit www.beyondpesticides.org. To read more about IPM, see www.afhh.org/dah/dah_pesticides.htm, www.pesticide.org/factsheets.html#alternatives, and www.panna.org/resources/advisor.dv.html.

EPA Settles Lead Disclosure Violation against Northern Virginia Landlord

In December, the EPA settled a disclosure violation case against a northern Virginia property management company. In a consent agreement with EPA, Carydale Apartment Management agreed to pay a $41,657 penalty for failing to provide required information about lead-based paint hazards in 19 residential leases in 2000 and 2001. These leases involved Carydale properties Alexandria and Arlington, VA.

EPA cited Carydale for failing to provide the required warnings and disclosures about lead-based paint in leases signed from July 2000 through December 2001. EPA discovered these violations in an April 2002 inspection.

For more information on this disclosure violation, visit http://yosemite.epa.gov/opa/admpress.nsf/0/69060e728ea9cc8f852570d5005218d3. To learn about leveraging the federal disclosure law to prevent childhood lead poisoning, see the Alliance’s Disclosure Toolkit at www.afhh.org/res/res_Operation_LEAP_toolkit.htm.

Bedding Used for Infants May Influence Childhood Asthma Rates

According to scientists, using all-natural bedding may contribute to an overall reduction in the risk of a child developing asthma, providing an easy, home-based way for parents to help keep their children healthy.

In the December 2005 issue of the American Journal of Public Health, Australian researchers documented an association between bedding materials used in cribs and development of asthma later in life. They found that bedding containing no synthetic materials was the least hospitable to dust mites, a major asthma trigger. Bedding containing two or more types of synthetic fibers was associated with the greatest dust mite exposure. This association persisted even when bedroom carpeting, another common source of dust mites and other asthma triggers, was removed.

The scientists found that by the age of seven, children who had been exposed to bedding containing at least one synthetic material as infants were more than twice as likely to have recently suffered asthma symptoms compared to those who slept on all-natural bedding as infants.

For more information on the study, see www.ajph.org/cgi/content/abstract/95/12/2238.

HUD Announces Early Registration Opportunity for FY 2006 SuperNOFA

The U.S. Department of Housing and Urban Development (HUD) has announced an early registration opportunity for applicants who are planning to submit healthy homes and lead hazard control grant proposals in response to the FY 2006 SuperNOFA, which will be issued within the coming weeks.

Early registrations may be submitted to grants.gov until January 31. The process will allow applicants to finalize DUNS numbers, CCRs, and Authorized Organization Representatives before grant writing begins in earnest. HUD believes early registration will help to remove one of the obstacles encountered by organizations and agencies in FY 2005.

For more information, visit www.grants.gov or call the NOFA Information Center at 1-800-HUD-8929 between the hours of 10 a.m. and 6:30 p.m. Eastern Time.

Alliance Releases Report on Effective Practices to Prompt More Efficient, Complete Code Enforcement

The Alliance has released a report detailing a collection of effective practices that can help prompt more efficient and complete code enforcement to help improve healthy housing conditions. The report, “Effective Practices for Enforcing Codes to Ensure Decent Housing Condition,” is a collection of strategies from around the nation that have proven useful for health departments, housing code agencies, and community-based organizations. The report was originally compiled for the Greensboro Housing Coalition and its allies on the City Council and within city agencies, who have used it successfully to raise awareness of how code enforcement and housing condition go hand in hand.

To view a copy of the report, visit www.afhh.org/res/res_pubs/Alliance_Effective_Practices_Report.pdf.

The report is intended to be dynamic and updated periodically. If you know of any effective code enforcement strategies not listed in the report and would like to suggest them for inclusion, please send all information to Brian Gumm at bgumm@afhh.org. The suggested strategies should useful to one or more code enforcement agencies and should, for example, feature innovative partnerships or “carrot and stick” approaches to improve enforcement of healthy housing conditions.

CEHRC Broadens Access to its Training Resources

The Community Environmental Health Resource Center (CEHRC), a program of the Alliance for Healthy Homes, is pleased to make available access to its training for organizations and agencies that want to carry out low-cost home hazard assessments. CEHRC can provide this training at cost to entities seeking to train groups of 10 to 25 hazard investigators.

CEHRC recently decided to broaden access to its training beyond CEHRC’s subgrantee community in order to expand the movement to identify health hazards in housing across the US. Knowing how to document and characterize health hazards in the area’s housing stock could be a vital part of local lead poisoning prevention or healthy homes work. For all the details about the training options, the costs of the training, and how to schedule training sessions, see www.cehrc.org/tools/training/index.cfm.

Upcoming Conferences

The Lead and Healthy Homes National Conference and the Indoor Environmental Health & Technologies Conference will be held March 28-31, 2006, 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 Ohio Department of Health is sponsoring its 13th Ohio Lead Poisoning Prevention Conference June 20-22, 2006, 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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