IN THIS ISSUE:
The Monroe County, NY, health department announced
on June 10 that it will begin routinely performing clearance dust testing
after paint repair is ordered in the home of an EBL child. This change
recognizes the inadequacy of relying on a visual check to confirm that
lead dust hazards are not left behind after a government agency orders
a property owner to make repairs. Monroe County is adopting the "HUD
protocol" for clearance dust testing. Advocates in New York have
been urging the State Department of Health to update its policy, which
still allows health departments to approve paint repairs in the home of
an EBL child based on a visual check. The NY State Health Department is
reportedly reviewing its policy to determine whether to extend this safeguard
to children statewide.
As an editorial note, the science makes clear that
lead dust hazards cannot be detected by the naked eye, which makes clearance
dust tests vital in the highest risk of all situations—the home
of an already-poisoned child. The Alliance views the lack of clearance
dust testing after paint repair in EBL cases as egregious failures of
blood lead screening and case management programs and a significant contributor
to the "repeat offender" problem (i.e., the same property that
poisons again and again). Bravo to Monroe County for its leadership. For
more information, visit www.monroecounty.gov/org158.asp?storyID=393.
On July 1, HUD and U.S. Attorney Tom Heffelfinger
announced enforcement settlements against a Minnesota-based property management
company and a Minneapolis landlord for failing to disclose potential lead-based
paint hazards to their tenants. Combined, the two settlements will identify
and clean up lead paint hazards in approximately 4,500 units in four states—Minnesota,
Indiana, South Dakota, and Wisconsin.
Dominium Management Services, Inc. and Robert Zeman
violated the lead hazard disclosure requirements of the Residential Lead-Based
Paint Hazard Reduction Act of 1992. Dominium, which owns and manages nearly
4,500 apartments in Minnesota, South Dakota, Wisconsin, and Indiana, has
agreed to spend nearly $1 million to remove lead paint in all of its rental
units. The company will also pay a $10,000 civil penalty and will give
$70,000 to the Sustainable Resources Center, a Minneapolis-based children’s
health project, which will use the funds for lead-paint abatement work.
Zeman, who owns 19 houses containing 22 rental units
in north Minneapolis, has agreed to test for and clean up all the lead-based
hazards in his properties, at a cost of approximately $250,000. He will
also pay a $2,000 civil penalty. For more information on the disclosure
cases, visit www.nomorelead.org/enforcement.htm.
An effort by House Budget Committee Chair Jim Nussle
and House Majority Leader Tom DeLay to impose statutory budget process
requirements on Congress failed on June 24. The bill, HR 3973, would have
imposed harsh budget caps and would have forcibly reduced spending on
discretionary domestic programs by at least $113 billion over a ten-year
period. The bill would have also exempted tax cuts from budget-balancing
calculations in FY 2005. HR 3973 inspired widespread, bipartisan opposition
and was voted down 268-146.
A counterproposal by Rep. David Obey, Ranking Minority
Member on the House Appropriations Committee, would have scaled back tax
cuts aimed at the very rich to redirect $18.9 billion to debt reduction,
homeland security funding, and a variety of health and education programs.
That measure was also defeated, 230-184.
On May 1, HUD’s Office of Healthy Homes and
Lead Hazard Control formally released the first large-scale evaluation
of the effectiveness of lead safety interventions in housing. The evaluation
examined over 3,000 housing units that had been treated through HUD.
The evaluation reached two major conclusions about
the success of the intervention program and the effectiveness of modern
lead hazard techniques used by the program’s grantees. First, lead
hazard control treatments are effective in controlling lead-based paint
hazards and reducing dust lead levels on floors, windowsills, and in window
troughs—and dust lead levels remain low for years after hazard control
treatment.
Second, the program has succeeded in lowering blood
lead levels in children who live in housing units treated through the
program. The program’s lead hazard control methods helped reduce
children’s blood lead levels by 37 percent.
This multiyear longitudinal evaluation was a cooperative
effort of the National Center for Healthy Housing and the University of
Cincinnati Department of Environmental Health. 14 HUD grantees and the
CDC also contributed to the evaluation.
For a copy of the full evaluation, see www.hud.gov/offices/lead/EvaluationFinalReport.pdf.
The CDC announced June 3 that Valarie Johnson-Bentley,
with Urban Parent to Parent in Rochester, NY, and the national parent
organization Voices Opposed to Children Affected by Lead (VOCAL), has
been appointed to the agency’s Advisory Committee on Childhood Lead
Poisoning Prevention (ACCLPP). Johnson-Bentley’s selection is important
because parents and caregivers of lead poisoned children are often excluded
from policymaking on lead poisoning prevention.
The ACCLPP advises and guides the Secretary and Assistant
Secretary of Health and Human Services and the Director of the CDC regarding
new scientific knowledge and technical developments and their practical
implications for childhood lead poisoning prevention efforts. For more
information about Johnson-Bentley’s appointment, contact Susan Thornfeldt
of the Maine Lead Action Project at 207-871-7905 or mlap@verizon.net.
To read about VOCAL’s work, see www.vocalnow.org.
More information on the ACCLPP can be found at www.cdc.gov/nceh/lead/ACCLPP/acclpp_main.htm.
In June, HUD issued a supplemental rule on lead-based
paint and lead-safe housing. The rule is a collection of clarifications
and updates that seeks to ensure that housing receiving federal assistance
and HUD-owned housing being sold does not contain lead-based paint hazards.
Among other actions, the rule clarifies that EPA’s January 2001
definition of lead hazards applies to HUD’s regulations covering
lead hazards and lead-safe housing, requires that dates be included in
all evaluation notices, and clarifies that it is a violation of Housing
Quality Standards for property owners to fail to stabilize deteriorated
paint in housing units receiving rental assistance. In addition, rather
than attempt to keep the list of lead-safe work practices training courses
approved by HUD for interim controls in the regulation, this rule removes
references to the two named courses and notes that a current list of approved
courses is available from HUD.
For the full text of the rule, visit www.access.gpo.gov/su_docs/fedreg/a040621c.html
and scroll down to the Rules in the Housing and Urban Development Department
section.
The National Institute of Environmental Health Sciences
(NIEHS) found that detectable levels of mouse allergen exist throughout
much of the U.S. housing stock, prompting concern for asthmatics and those
with severe allergies. The study was a part of the first National Survey
of Lead and Allergens in Housing and appears in the June 2004 issue of
the Journal of Allergy and Clinical Immunology.
Eighty-two percent of housing in the United States
contains some level of mouse allergen, and 22 percent harbors allergen
levels high enough to trigger allergic reactions and asthma attacks. The
study found that residents of high-rise apartment complexes, low-income
housing, and mobile homes are at greatest risk of exposure to high levels
of the allergen.
Reducing the highest levels of mouse allergen requires
keeping mice out of the home, though using harsh pesticides for rodent
control poses significant dangers, especially for families with asthmatic
children. To reduce or eliminate mouse infestation, landlords, homeowners,
and pest control companies should use integrated pest management (IPM).
IPM works by eliminating entryways and the sources of food, water, and
shelter that allow mice to inhabit a building, and utilizes traps and
low-toxicity baits to control mouse populations.
For more information on the mouse allergen study,
view the abstract at http://dx.doi.org/10.1016/j.jaci.2003.12.592,
or contact Dr. Darryl Zeldin of NIEHS at zeldin@niehs.nih.gov
or 919-541-1169, or Dr. Rich Cohn of the Constella Group at 919-313-7700.
A recent study published in Circulation, the journal
of the American Heart Association, shows that levels of lead currently
deemed “safe” can pose an important health risk in adults.
Even at low levels, lead can increase the risk of a dangerous condition
known as peripheral artery disease (PAD). Individuals with elevated blood
lead levels are at even greater risk—people with the highest concentration
of lead have nearly three times as great a chance of developing PAD as
those with the lowest levels.
Cadmium, another heavy metal, can also increase the
risk of PAD at low doses. Tobacco smoke is the main source of exposure
to cadmium in the home. Cadmium from tobacco smoke is particularly dangerous,
as it damages the lining of blood vessels, further increasing the likelihood
of developing PAD.
PAD causes fatty deposits to build up in artery walls
and reduces blood circulation, mainly in the legs and feet. The condition
is similar to coronary artery disease and significantly increases the
risk of fatal heart attacks and strokes and can also force limb amputation.
For more information, visit the American Heart Association
at www.americanheart.org/presenter.jhtml?identifier=3022500.
In mid-June, the EPA announced that a combination
of medical and home interventions reduces the number and intensity of
asthma attacks. A study conducted by the Clinical Directors Network and
funded in part by EPA shows that housing interventions can do much to
reduce environmental triggers that result in severe asthma attacks.
In an asthma intervention, a trained professional
instructs asthma sufferers and the rest of the household on how they can
reduce or eliminate asthma triggers in the home environment. Indoor asthma
triggers include cigarette smoke, pet dander, mold, cockroaches, dust
mites, and pesticides. Effective, low-cost measures include no smoking
in the home, changing dusting practices, and using mattress and pillow
covers to control dust mites. Other measures, such as cockroach and rodent
control through the use of integrated pest management, were also shown
to reduce asthma attacks.
For more on this study, see www.medicalnewstoday.com/medicalnews.php?newsid=9464#.
The Maryland General Assembly recently passed an
innovative law that should significantly increase lead hazard control
compliance rates among rental property owners throughout the state. Dubbed
the “Clean Hands” Bill, HB 1245 will require rental property
owners to be in compliance with all of Maryland’s lead laws in order
to access the state’s Rent Court process. Any landlord or leasing
company that wishes to use Rent Court to collect rent or evict a tenant
will first have to make sure that it has controlled any lead hazards in
its properties.
The bill was championed by the Coalition to End Childhood
Lead Poisoning, headquartered in Baltimore. Both houses of the General
Assembly voted unanimously to pass the bill, and Maryland Governor Robert
Ehrlich signed the bill into law on May 26.
For more information about the new law, see www.leadsafe.org/Links/HB1245SUM.htm
or contact the Coalition’s Executive Director, Ruth Ann Norton,
at 410-534-6447 ext. 11 or ranorton@leadsafe.org.
To help train volunteer workers in painting and rehabilitation
programs, the University of Connecticut and the Connecticut Department
of Public Health, with support from EPA Region 1 and technical support
from HUD, have developed a training video on lead-safe work practices
(LSWP) for volunteers.
Copies of the video, entitled "Volunteers Opening
Doors: The Five Keys to Lead Safety," are available through the National
Lead Information Center at no cost. The 18-minute video is available in
both English and Spanish. You can request copies by calling the Clearinghouse
at 1-800-424-LEAD or by submitting an online request at www.epa.gov/lead/leadpbed.htm.
The Wisconsin Court of Appeals ruled in mid-June
that lead paint manufacturers cannot be held liable for damages suffered
by Steven Thomas, a 14-year-old boy who was poisoned by lead-based paint
when he was younger.
In 1999, a trial court dismissed Thomas’ case
against the paint companies. The Court of Appeals upheld that decision,
saying that Thomas already received compensation for his injuries through
settlements with landlords from whom his family rented when he was a toddler.
The court also rejected the argument that the companies should be held
legally liable for Thomas’ poisoning because they were involved
in a conspiracy to withhold information about the dangers of lead paint
during the early 1900s.
Paint companies declared victory, claiming that under
Wisconsin law, property owners with deteriorated lead-based paint are
liable for any damages caused by childhood lead poisoning, because “properly
maintained lead paint is not hazardous.” Thomas’ attorneys
plan to appeal to the Wisconsin Supreme Court.
Thomas’ case is separate from a lawsuit filed
by the City of Milwaukee, which is currently awaiting appeal. For more
information on lawsuits against the lead paint industry, visit www.afhh.org/aa/aa_legal_remedies_lawsuits.htm.
The Environmental Protection Agency (EPA) said in
June that the D.C. Water and Sewer Authority (WASA) violated the federal
Safe Drinking Water Act by failing to notify residents of lead hazards
in their drinking water. The federal government also found that WASA withheld
important test results from EPA that could have led to earlier action
to combat the problem.
In the latest development in an ongoing controversy
over high lead levels in the District’s drinking water, EPA specified
in an administrative order that WASA violated the federal Safe Drinking
Water Act in multiple ways. WASA had detected high lead levels in the
District’s drinking water as early as 2001, but it failed to notify
EPA until 2002 that there was a problem.
The order is presented as a compromise agreement
with WASA, and it contains no fines or penalties against the drinking
water authority. For its part, WASA promises to remedy the lead problem
through a variety of measures, including adding phosphorus to water to
reduce corrosion of lead pipes and accelerating the replacement of lead
supply lines. If WASA doesn’t uphold its end of the bargain, EPA
can go to court to seek penalties.
Because EPA could have fined WASA $32,500 per day
for each violation, some elected officials in DC say that EPA let WASA
off the hook far too easily. Council member Adrian Fenty said EPA should
have issued fines and sought some measure of accountability from WASA,
even if it didn’t fine the water authority to the full extent of
the law. Another Council member, Carol Schwartz, accused EPA of “pretending
to be tough” while not demanding that WASA take responsibility for
its actions.
In March, Improving Kids Environment (IKE), a non-profit
organization in Indiana, published a report detailing lead safety and
pesticide advice given by several home improvement stores in the Indianapolis
metro area. The report focused in part on indoor use of pesticides and
demonstrated that many of the stores were not following state law regarding
training for staff who give advice on pesticides and posting of signs
related to pesticide use.
Following publication of the report, IKE referred
the stores to the Office of the Indiana State Chemist for follow-up. The
State Chemist visited the stores, finding several out of compliance with
the law. Lowes, Menards, and one Do-It-Best Store were each fined $250.
Home Depot, three Do-It-Best Stores, and two Ace Hardware stores were
issued warnings. The State Chemist found only one store, an Ace Hardware
location, in compliance.
For a copy of IKE’s pesticide and lead safety
report, visit www.ikecoalition.org/Stores/Inept_2004.htm.
IKE has also put together a toolkit for community organizations interested
in assessing the quality of advice on lead safety and pesticides from
hardware and home improvement stores. The toolkit is available at www.ikecoalition.org/Stores/Toolkit.htm.
Questions or comments on the report and the toolkit can be directed to
Tom Neltner at 317-442-3973 or neltner@ikecoalition.org.
On June 10, the Coalition to Prevent Childhood Lead
Poisoning hosted “Let’s Make Lead History,” a community
summit designed to encourage discussion about and commitments to eliminating
lead poisoning in Monroe County and the City of Rochester, NY. The summit
was very successful, attracting nearly 500 attendees from among neighborhoods,
businesses, city and county government, parents of lead poisoned children,
advocacy organizations, and others.
Summit participants took part in several workshops
and learned from a number of speakers. They also made concrete commitments
to the community that will help the Coalition, the city, and the county
reach their goal of eliminating childhood lead poisoning by 2010. The
Coalition is currently putting together a database of the actionable commitments
that came out of the summit and will continue to follow up to ensure that
the commitments are fulfilled.
The Rochester Summit was also the impetus for two
major policy changes: making clearance dust testing routine after paint
repair in the home of an EBL child (separately described in the first
article), and instituting up-front checks for lead hazards before a family
receiving TANF assistance moves into a rental property. EBL data for Monroe
County make clear that children whose families receive such assistance
are at exceedingly high risk. This new safeguard, which will be pilot
tested over the next year, complements blood lead screening with testing
these high risk homes for hazards before the family moves in.
For more information about the outcomes of the summit,
contact Patricia Brantingham at pbrantingham@leadsafeby2010.org.
On June 4, the National Center for Healthy Housing
and the Enterprise Foundation hosted Healthier Homes, Stronger Families:
Public Policy Solutions to Advance Healthy Housing, a healthy homes policy
forum that included more than 80 leaders in public health; community development;
local, state, and federal government; philanthropic organizations; and
the private sector to Washington, DC.
Participants and presenters alike noted that U.S.
residential areas are segregated by race and economic status, and health
problems arising from substandard, unsafe housing disproportionately impact
the poor and minorities. The Enterprise Foundation and the National Center
pledged to work with forum participants and the Alliance to advance healthy
housing policies at all levels of government across the country.
For more information on the forum and a report on
the forum to be released later this summer, contact Rebecca Morley at
the National Center, rmorely@centerforhealthyhousing.org
or 410-992-0712.
More than 800 representatives of federal agencies,
state and local health departments, housing agencies, medical professionals,
and community organizations for the National Lead and Healthy Homes Grantee
Conference in Orlando during the third week of June. Attendees heard from
presenters and panels on a wide range of issues related to childhood lead
poisoning prevention and healthy homes.
Sponsored by HUD, EPA, and CDC, the conference focused
attendees’ attention on primary prevention; federal, state, and
local agency collaboration efforts; lead hazard control and healthy homes
research projects; regulatory and enforcement issues; program implementation
strategies; lead and healthy homes interventions; and strategic planning.
The Alliance hosted a healthy homes brainstorming side session, which
drew more than 60 healthy homes advocates and agency personnel into a
discussion of the evolution of Healthy Homes.
The CDC has a new tool available for state and local
health departments and lead poisoning prevention advocates. Its lead data
wheel entitled “Facts about Childhood Lead Poisoning in Your State”
provides relevant risk indicator, surveillance, and policy data regarding
childhood lead poisoning from all 50 U.S. states and the District of Columbia.
The wheel serves as a quick reference tool for the comparison of data
and policy implementation across states. You can receive a complimentary
data wheel by sending an E-mail with your name and address to LeadInfo@cdc.gov.
The Center for Science in the Public Interest is
holding its second annual conference in Washington, DC on July 12. The
conference will address corporate and political influences on science,
scientists, and public policy on health and the environment. Topics will
include the politicization of science, the corruption of evidence-based
medicine, the suppression of government research for political purposes,
and the OMB peer review proposal. More information is available at www.cspinet.org/integrity/conflictedscience_conf.html,
by writing IntegrityInScience@cspinet.org,
or by calling The Event Professionals at 301-577-6940. Advance registration
is now closed, but registration at the door is welcome.
The Mid-Atlantic Conference on Children's Health
and the Environment will be held in Washington, DC on September 11. The
conference will provide information on topics including asthma, indoor
air quality, lead, mercury, and mold. The event is sponsored by the Mid-Atlantic
Center for Children's Health and the Environment. For more details, see
www.gwu.edu/%7Emacche/events.html#chenv.
You can also contact Nonye Harvey by phone at 202-994-1166 or 1-866-622-2431,
or by E-mail at eohceu@gwumc.edu.
The Housing Justice Network is holding its annual
meeting in Washington, DC on October 3 and 4. The meeting will include
several workshops on environmental justice and environmental health issues,
along with other topics of interest to legal aid housing attorneys and
low-income housing advocates. For more information about the meeting,
E-mail Steven Fischbach of Rhode Island Legal Services at sfischbach@rils.org.
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