FEMA
Deliberately Ignored Formaldehyde Danger in “Katrina Trailers”
Since early 2006, the Federal Emergency Management Agency
(FEMA) knew about the hazardous formaldehyde levels that exist in trailers it
provided to victims of Hurricane Katrina. Not only did the agency fail to act
and conduct thorough testing of the air quality inside the trailers, it actively
suppressed health and safety warnings from its own workers. Formaldehyde levels
in some trailers reached 75 times the federal limit for worker exposure to the
chemical.
Formaldehyde, commonly found in pressed wood, cabinets,
particleboard, and carpeting, is a potent respiratory irritant that can trigger
asthma attacks; it is also a known carcinogen. More than 120,000 families rendered
homeless by Katrina have lived in FEMA trailers; 56,000 of them still call the
trailers their home. Many trailer residents have fallen ill due to their exposure
to formaldehyde. One trailer resident died.
Following the resident’s death in June 2006, 28 officials
from six different agencies recommended that air quality in the trailers undergo
independent testing. FEMA rejected that suggestion because its lawyers feared
that officially discovering the full extent of the formaldehyde problem would
expose the agency to significant legal liability. FEMA reversed this position
on June 18, 2007, the day before its officials appeared before a House committee.
Additionally, the Centers for Disease Control and Prevention (CDC) recently
announced plans to test the trailers for formaldehyde.
On June 19, the House Oversight and Government Reform Committee
held a hearing on this and related post-Katrina issues. Both Chairman Henry
Waxman (D-CA) and Ranking Member Tom Davis (R-VA) blasted FEMA for its callous
treatment of Katrina victims. Waxman called FEMA’s original stance on
testing the trailers’ air quality “an official policy of premeditated
ignorance,” and Davis noted, “FEMA's primary concerns were legal
liability and public relations, not human health and safety.”
Despite the serious health risks posed by high formaldehyde
levels and the agency’s lack of attention to the problem, FEMA is planning
to auction off many “Katrina trailers” that are currently unused.
Upon hearing of the proposed sale, Senator John Kerry (D-MA) said, “These
trailers should be taken out of commission until we can guarantee their safety
— and the information we have received so far provides no certainty that
the health risks associated with these trailers has been addressed." Representative
Chris Murphy (D-CT) added, “If the trailers are going to make people sick,
maybe we should consider cutting our losses.”
Minnesota Passes
Law Mandating Radon-Resistant Construction for New Homes
In early May, Minnesota Governor Tim Pawlenty (R) signed
a law that requires radon-resistant construction in new homes built in the state.
The law, which goes info effect August 1, will add only a few hundred dollars
to the cost of new home construction and will help reduce residential concentrations
of the deadly gas. The law was sponsored by State Sen. Linda Higgins (D-Minneapolis)
and State House Representative Kim Norton (D-Rochester).
Radon, a colorless, odorless gas, forms when uranium breaks
down in the soil. The gas is radioactive, but it does not cause problems when
released into the open air. However, when radon seeps into homes, it can reach
dangerous concentrations that pose a significant health risk. In fact, radon
is the leading cause of lung cancer among nonsmokers, killing an estimated 21,000
Americans each year.
Though the EPA has designated radon risk zones where exposure
is more likely, any home in any state can have radon concentrations above 4
picocuries per liter, the EPA level of concern. The only way to be sure that
a home does not have dangerous levels of radon is to conduct a radon test, which
is inexpensive and available from most hardware and home improvement stores.
Some states and counties make free test kits available.
Eliminating radon hazards is easy and relatively inexpensive.
Technological advances have allowed the cost of installing radon reduction systems
in existing homes to fall to around $1,200; in new construction, the cost is
even lower, usually just a few hundred dollars.
New Hampshire Enacts
New Lead Law; Lowers Blood Lead Action Level
Joining a growing list of states that are improving their
lead poisoning prevention laws, New Hampshire in late June amended its lead
law to lower the blood lead action level to 10 micrograms per deciliter, down
from the previous level of 20. State health officials say they expect the number
of yearly lead poisoning cases to quadruple from 200-250 to 800-1,000 because
of this change. Lead poisoning experts agree that there is no safe level of
lead, and advocates praised New Hampshire’s move as a step in the right
direction.
The law will also allow health department inspectors to
look for lead hazards in other units in any building where a child has been
lead poisoned, a more aggressive prevention approach than had been used in the
past. Finally, the law establishes a committee of landlords, lawmakers, housing,
and health officials to recommend additional prevention policies. The new law
becomes effective January 2, 2008.
In July, Cleveland, OH, lowered the blood lead action level
for children from 10 micrograms per deciliter (µg/dL) to 5. Another Ohio
city, Cincinnati, lowered its blood lead level of concern in March. The state
of Vermont has also recently lowered its action level to 5 µg/dL.
Cleveland’s move makes its level of concern stricter
than even the U.S. Centers for Disease Control and Prevention’s (CDC)
standard of 10 µg/dL. The jurisdictions that have moved to the 5 µg/dL
threshold point to scientific evidence gathered by lead poisoning prevention
and medical experts that shows that even very low levels of exposure to lead
can be harmful to children. CDC has acknowledged for several years that there
is no safe level of lead in the bloodstream.
Connecticut
Passes Mandatory Blood Lead Testing Law
Earlier this summer, the Connecticut Legislature passed
a new blood lead screening law that will require mandatory lead tests of all
children under three. Connecticut joins Iowa (see www.afhh.org/res/res_alert_archives_mayjun07.htm#iabloodpbtestlaw)
and a growing list of states that are putting mandatory blood lead testing laws
on the books.
The law, proposed by Connecticut House Speaker James Amann
(D-Milford) and Connecticut State Senator Gayle Slossberg (D-Milford), institutes
the $1 million lead poisoning prevention program. Beginning January 1, 2009,
doctors will be required to test 1- and 2-year-old children for lead poisoning.
If a child’s test results are positive, the law will require a lead inspection
in the child’s home.
Explaining her leadership and the importance of the new
law, Slossberg said, "It is crucial that we test children… the effects
[of lead exposure] are so debilitating."
Testing children for lead is a secondary prevention method.
However, combined with primary prevention strategies such as lead hazard control
in houses built before 1978, lead-safe remodeling and renovation, and repair
of water leaks and other moisture intrusion that can damage lead-based paint,
mandatory lead testing laws can be a powerful tool in a childhood lead poisoning
prevention effort.
House
and Senate Bills Restore Some Funding for Healthy Homes Programs but Still Shortchange
Critical Needs
On July 11, the House Appropriations Committee reported
out a bill that proposes a total of $130 million for lead hazard control and
healthy homes, only $14 million more than the President requested. The House
bill allocates $92.6 million for lead hazard control grants; $8.7 million for
Operation LEAP; $8.7 million for Healthy Homes, and $5.7 million for technical
assistance grants. Additionally, the House bill provides a meager $14.2 million
for the Lead Hazard Control Demonstration grant program. The full House voted
to pass the bill in late July.
Also in July, the Senate Appropriations Committee sent
a bill to the floor that proposes a total of $151 million for all the programs,
which includes $48 million for the Lead Hazard Control Demonstration grant program.
The full Senate is unlikely to take action on this bill until September.
Inevitably, the two bills will go to a conference committee
after the Senate vote. In 2006, the Republican-controlled Congress appropriated
a total of $152 million for lead hazard control and healthy homes.
Rulings Sink
Lead Lawsuits in Missouri and New Jersey
The state supreme courts of Missouri and New Jersey ruled
in June that cases against former lead pigment manufacturers cannot move forward.
The rulings bring an end to government lawsuits against the lead industry in
both states.
In Missouri, the state supreme court ruled June 12 that
the City of St. Louis could not proceed with a public nuisance case against
former manufacturers of lead-based paint because the city’s claim relied
on a “market share” theory of liability. The court said that it
was unwilling to impose such liability on the defendants because the city could
not prove that the specific companies it sued had in fact manufactured the lead-based
paint that coats the walls of homes and government buildings across Missouri.
The city had sued Benjamin Moore, Sherwin-Williams, and other companies that
produced and marketed lead-based paint until 1978 while knowing that their products
posed a significant threat of childhood lead poisoning.
In New Jersey, several counties and municipalities had
similarly sued several former lead pigment manufacturers. A state appeals court
had ruled that the counties and cities could move forward with their case, but
the state supreme court overturned that ruling on June 15. Like the Missouri
court, the New Jersey Supreme Court held that the case was not a public nuisance
case, but instead a product-liability case that required the counties and cities
to show direct injury and causation.
The Missouri and New Jersey rulings are in conflict with
a California Supreme Court ruling and the results of a successful state lawsuit
against the lead industry in Rhode Island. The Rhode Island case has, however,
been appealed to that state’s supreme court, which has yet to hear the
case.
Setback in Lead
Paint Case Could Impact Ohio Lawsuit against Former Pigment Manufacturers
In late June, the Ohio Supreme Court rejected a mother’s
appeal from a lower court ruling that held that she could not pursue a claim
against former lead pigment manufacturers in her effort to find justice for
her lead-poisoned child. Only one high court in the nation, the Wisconsin Supreme
Court, has thus far subjected the industry to market share liability.
Attorneys for the industry said the Ohio court’s
ruling does not bode well for another case filed against former pigment manufacturers,
this one by the State of Ohio. They said that since the court ruled that a mother
can’t assign blame to all companies but must identify those specifically
at fault, the state is similarly constrained. Attorneys representing Ohio said,
however, that their legal claim of public nuisance is different from the mother’s
case.
Industry representatives also continued to promote the
myth that only landlords and other property owners are responsible for exposure
from deteriorated lead-based paint. Advocates and experts have long rejected
this argument, pointing to the fact that but for the presence of lead in paint
that was designed to deteriorate so as to require additional product sales,
people would never have been exposed to lead from deteriorating paint.
EPA Proposes
to Cover Child Occupied Facilities Under Lead-Safe Remodeling Rule
On June 5, the EPA issued a supplemental notice of proposed
rulemaking, which indicated that the agency will seek to cover child-occupied
facilities under its proposed lead-safe remodeling and renovation rule. The
rule, which is more than a decade overdue and has been bogged down by industry
opposition and delays, would extend to renovation and remodeling activities
in day care centers, preschools, and kindergarten classrooms under the supplemental
proposal, and would include facilities located in homes, commercial buildings,
and public schools. The original statutory language from Title X of the Housing
and Community Development Act of 1992 directs EPA to address these types of
child-occupied facilities in its lead-safe remodeling rules. Prevention advocates
had criticized earlier drafts of the rule for failing to do so.
Lead
Poisoning Prevention Legislation Introduced in House and Senate
Senators Barack Obama (D-IL), Hillary Clinton (D-NY), and
Charles Schumer (D-NY), and Representative Louise Slaughter (D-NY) introduced
significant lead poisoning prevention legislation in July.
The Lead Poisoning Reduction Act (S. 1811 and H.R. 3085)
requires that all non-home-based child care facilities, including Head Start
locations and kindergarten classrooms, be made lead-safe within five years.
The bill also would establish a five-year, $42.6 million grant program to help
local communities pay to make these facilities safe.
Clinton and Obama also joined with Senator Sherrod Brown
(D-OH) in sponsoring the Home Lead Safety Tax Credit Act of 2007 (S. 1793),
similar to legislation that Clinton introduced in the 109th Congress. S. 1793
would provide a tax credit for 50 percent of the cost of lead hazard reduction
efforts, up to a maximum of $3,000 for lead abatement and $1,000 for interim
control measures. These measures could include window replacement, safe repainting,
and specialized renovation work practices to reduce lead poisoning. This tax
credit would be targeted to homes with children younger than six years of age,
women of childbearing age, low-income residents, and buildings built before
1960.
For more information on these bills, visit the following
links:
Massachusetts
Legislature Proposes Ban on Ten Toxic Chemicals
Legislators in Massachusetts have proposed phasing out
a group of ten toxic chemicals from workplaces and consumer products. The proposal,
which would require manufacturers and service providers to find alternatives
to the dangerous substances they use now, is not new—it has had the support
of a majority of state legislators over the past several years, but it has never
moved far enough in the legislative process to become law.
The proposal, known as the Safer Alternatives Bill (H.
783 / S. 558), targets a notorious group of substances: lead; formaldehyde;
trichloroethylene, a suspected carcinogen and endocrine disruptor; perchloroethylene,
a developmental toxin; dioxins and furans, the most dangerous toxins known to
humans; hexavalent chromium, a powerful carcinogen; organophosphate pesticides,
many of which are known developmental toxins that can impact fetuses in the
womb; polybrominated diphenyl ethers (PBDEs), suspected developmental toxins
and endocrine disruptors; di(2-ethylhexyl) phthalate, an endocrine disruptor
also called DEHP; and 2,4-dichlorophenoxyacetic acid (2,4-D), a common lawn
chemical and known cause of cancer in dogs. Many of these chemicals can be found
in the home, in paint, in consumer products, and embedded in carpeting.
New attention has been focused on the legislation as scientific
research mounts linking toxic chemicals to cancer, asthma, diabetes, developmental
disorders, behavioral disorders, and other health problems.
EPA’s
Work on Endocrine Disruptors Draws Fire from Scientists, Advocates
On June 11, EPA released a list of chemicals, all of which
are pesticides or so-called “inert” ingredients in pesticide mixtures,
that it will assess for their potential to disrupt the human endocrine system.
The list, which was supposed to have been published in 1999, drew heavy fire
from scientists and environmental health advocates. EPA’s process for
assessing the chemicals has also worried experts.
The Natural Resources Defense Council (NRDC) said of the
list, “EPA should move on to other compounds immediately. Drinking-water
contaminants that aren’t on the draft list have widespread potential for
human exposure.”
Theo Colborn, a leading expert on endocrine disruptors,
said, “The whole thing is a waste.” She said that EPA shouldn’t
be running several of the 73 chemicals through its testing process because they
are already known endocrine disruptors. EPA, however, will not deem any chemical
on the list an endocrine disruptor until it has gone through a battery of tests.
OMB Watch reported that scientists are also worried about
the value of the risk assessments that will be involved in the testing. According
to an article in the June 12 OMB Watcher, “Scientists are expressing
concern EPA has not properly constructed the dose-response assessment, which
compares dosage level to health effect. Unlike other contaminants, endocrine
disruptors may cause different or more serious adverse effects at trace levels
than at greater levels.” OMB Watch also said that experts are worried
the chemical industry may have a large role in developing the risk assessment
process, which could lead to bias.
Endocrine disruptors are chemicals that harm the human
hormone system and may cause thyroid disease, developmental problems, and reproductive
difficulties. The chemicals are also suspected in a variety of genital defects,
especially in males. Endocrine disruptors are commonly found in pesticides,
consumer products, and home furnishings and can become concentrated in house
dust.
Report
Says Endocrine Disruptors May Impact Boys More than Girls
A new report from the Canadian Partnership for Children's
Health and Environment says that boys may be more susceptible than girls to
the impacts of endocrine disruptors and other toxins that are commonly found
in the home.
The authors of the report said that conclusive statements
about gender-differentiated impacts of endocrine disruptors cannot yet be made,
but evidence has shown that males are more sensitive to chemicals that have
been found to exhibit hormone-like properties, including flame retardants, phthalates,
and bisphenol A. All three of these products are commonly found in consumer
products, home furnishings, and other items. Many flame retardants and phthalates
do not stay permanently bound in the products in which they are used and can
become concentrated in house dust, which can then become trapped in carpeting
and upholstery.
Research
Shows Weatherization Work Can Produce High Lead Dust Levels
Recent research conducted by the National Center for Healthy
Housing and agencies in Indiana, Maryland, and New Hampshire suggests that typical
weatherization activities can result in high lead dust loading on floors and
windowsills.
Weatherization is important, especially for low-income
families, because it helps save energy and decrease costs. If done properly,
weatherization can also fix excessive moisture problems. However, common tasks
associated with weatherization, including cutting holes in walls, removing and
replacing windows, and planing doors to attach weatherstripping, can disturb
significant amounts of lead-based paint and create dust hazards.
The study illustrates the need for proper containment of
weatherization work areas in older homes, as well as the use of lead-safe work
practices, proper disposal of materials from the work area, and proper post-work
cleaning to remove as much lead dust as possible. More funding for the U.S.
Department of Energy’s Weatherization Program and HUD’s Lead Hazard
Control grants could also help provide the training and knowledge needed to
weatherize homes with lead safety in mind.
Study
Indicates Common Chemical May Increase Chance of Developing Allergies and Asthma
A common chemical used in all-weather clothing and stain-resistant
carpeting, already suspected to cause cancer in humans, has recently been identified
as a potential cause of allergies and asthma.
A study published in the June edition of Toxicological
Sciences suggests perfluoro-octanoic acid (PFOA) prompts the immune system
to overreact when stimulated by allergens such as dust mites and pet dander.
Researchers found that mice exposed to PFOA were far more likely to exhibit
allergic reactions and asthma-like symptoms than mice that were never exposed
to the compound.
DuPont, which manufacturers and uses PFOA, claimed that
the chemical is unlikely to cause asthma and allergies in humans, but it indicated
that it has never studied PFOA for such effects.
PFOA is so prevalent in a wide variety of products that
almost every environment across the globe has been contaminated, and homes commonly
harbor significant concentrations of the chemical. Human exposure to PFOA is
also widespread. Johns Hopkins University conducted additional research into
the chemical and found 100 percent of newborns tested had PFOA in their blood.
Brooklyn
Family Wins Largest Lead Poisoning Settlement in New York State History
In late June, a Brooklyn, NY, family won the largest lead
poisoning settlement in state history, securing $12 million from the City of
New York and two other defendants. The settlement closed a two-month trial in
which the plaintiffs said that 19 children suffered serious, irreversible brain
damage from lead exposure in their homes.
The children lived first in temporary placement at the
Brooklyn Arms Hotel and then in permanent housing in Bedford-Stuyvesant. Both
properties were subsidized by the city. Due to rampant lead hazards in both
properties, the children suffered abnormally high levels of lead in their blood,
with many in the range of 30 to 45 micrograms per deciliter. These blood lead
levels caused behavioral and academic problems, and the results were striking:
only one of the 19 children ever graduated from high school, and one is now
in prison.
The hotel’s owner said that he thought his duty to
maintain the property and repair the lead hazards was limited by a contract
he signed in 1966; he never tried to repair repeated code violations. The hotel’s
management company, Merco, also agreed to contribute to the settlement. Reports
indicated that the city agreed to pay a portion of the settlement because it
tried, and failed, to remediate violations at the Bedford-Stuyvesant property.
Paul Flynn, a tireless lead poisoning prevention advocate
from New Jersey, passed away suddenly on June 18 from congestive heart failure.
He was 39.
Paul was well known and highly respected among lead poisoning
prevention advocates, both in New Jersey and across America. He was director
of marketing and community outreach for the Gateway Northwest Maternal Health
Care Network in Newark, where he raised awareness about lead poisoning among
city children and sought ways to cure its effects. Flynn was instrumental in
pioneering “Leaddie Eddie,” an educational cartoon character and
mascot that appeals to children in Newark and other cities.
Paul’s passion and dedication to eradicating lead
poisoning will be sorely missed.
Healthy
Homes Specialist Credential Now Available
The National Center for Healthy Housing (NCHH) and the
National Healthy Homes Training Center and Network (Training Center) are partnering
with the National Environmental Health Association (NEHA) to offer a “Healthy
Homes Specialist” credential. The Healthy Homes Specialist Credential
is designed for health and housing professionals in the public, private, and
nonprofit sectors.
A variety of professionals may be interested in the
Healthy Homes Specialist credential, including:
Individuals who have been certified or licensed as lead risk assessors,
radon measurement professionals, or mold professionals.
NEHA Registered Environmental Health Specialists seeking to document their
experience and expertise in housing.
Public health nurses seeking to document their expertise in healthy homes.
Health department and housing agency staff seeking to document their expertise
in healthy homes or better position their agencies to receive HUD healthy
homes grants.
Licensed pest management professionals seeking to expand their services.
Certified home inspectors seeking to expand their business by adding healthy
homes to their standard services.
The Healthy Homes Training Center and Network is providing
several opportunities to take its Essentials for Healthy Homes Practitioners
course this summer and fall. The course will be offered in Athens, GA; Albuquerque,
NM; Kansas City, MO; Minneapolis; Alexandria, VA; and Cincinnati in August,
and Kansas City, MO in October. For more details on this and other healthy homes
training courses, visit www.healthyhomestraining.org/upcoming.htm.
Upcoming Conferences
The Pediatric Environmental Health Specialty Units (PEHSU)
of Regions 6, 8, and 10 and the EPA are sponsoring the 2007 Tribal Nations Children's
Environmental Health Summit on August 22 and 23 in Denver. The goals of the
summit are to increase the ability of health, environmental, clinician, and
education professionals to identify, prevent, reduce, and respond to environmental
health threats to children in tribal lands; and to coordinate and share information
across government agencies, health organizations, health care providers, educators,
and the general public in addressing tribal children's environmental health
issues. Details are available at http://epa.gov/region8/humanhealth/children/2007summit.html.
The Pediatric Environmental Health Specialty Unit (PESHU)
of Region 3 and the Mid-Atlantic Center for Children's Health and the Environment
(MACCHE) will hold the 5th Annual Conference on Children's Health and the Environment
on October 6 in Reston, VA. The conference is targeted to health care providers,
public health professionals, and the general public. Topics will explore the
intersection between the environment and child health. For more information,
see www.gwu.edu/~macche/restonconference07/
or call 1-866-MACCHE1.
The Lead and Environmental Hazards Association's National
Mid-Year Conference on Eliminating Childhood Lead Poisoning, Implementing Healthy
Homes Programs, and Combating Indoor Environmental Hazards will be held October
4-5 in Philadelphia. This is an educational and networking conference for public
officials, program administrators, lead industry practitioners, environmental
consultants and contractors, facility operators, health educators and community
advocates. For more information, visit www.leadmoldconferences.com/events/
or call 1-800-590-6522.
North Carolina's 9th Annual Community-Based Environmental
Justice Summit will be held October 19-20 at the Historic Franklinton Center
at Bricks, Edgecombe County, NC. Community members, government officials, environmentalists,
students, and researchers will participate. The Summit seeks to raise public
awareness about environmental justice; connect communities in need with technical
resources; support and encourage community-driven research; help communities
and policy makers address problems of environmental injustice; and bring about
positive changes in public health and the environment by promoting social and
environmental justice. There is a September 7 deadline for submission of all
for Research Presentation proposals. For more information, contact Steve Wing
at steve_wing@unc.edu.
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