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May 2004

IN THIS ISSUE:

House and Senate Members Call to Boost Healthy Homes Funding

31 Senators and more than 70 House Members have called on their colleagues to increase funding for HUD’s Healthy Homes grants to $20 million for FY 2005. These grants have been funded at a level $10 million since FY 1999, yet HUD receives six to eight times the number of proposals than the agency is able to fund.

Healthy Homes grants are awarded competitively to government agencies, universities, and non-profit organizations across the country to develop, evaluate, and disseminate cost-effective tools and practices for preventing and controlling health hazards in housing. Integrating healthy homes principles and practices at low cost into existing maintenance, rehab, operation, design, and construction can avoid costly moisture and mold problems, reduce the risk of asthma and childhood lead poisoning, and address other housing-related health hazards.

House and Senate members also called for restoration of $35 million in cuts to the Lead Hazard Reduction Program proposed in the President’s budget. Restoration of these funds would continue the $50 million initiative that targets cities with the most extensive lead hazards.

These funding increases have also been endorsed by national and community-based organizations. To date, 22 national organizations and 58 local groups have signed on as supporters; 29 individuals have also pledged their support. To join the growing list and to make your voice heard, please contact Ralph Scott at rscott@afhh.org. For more information, please visit www.afhh.org/aa/aa_hh_policy_federal_funding_hhi_campaign.htm.

HUD Threatens to Fire Dave Jacobs

Secretary of Housing and Urban Development Alphonso Jackson has formally notified Dave Jacobs of his intent to fire him as director of the Office of Healthy Homes and Lead Hazard Control (OHHLHC). Jacobs, who has headed this office for almost nine years, is widely respected for his command of technical and policy issues related to lead poisoning prevention and healthy homes and credited with leading progress within HUD and nationally.

Jacobs, a career member of the federal Senior Executive Service, has obtained an attorney and plans to fight the proposed dismissal. In recent months, several experienced, knowledgeable, and respected staff have transferred from HUD’s OHHLHC or taken early retirement. The proposed removal of Jacobs as director has raised concerns that the OHHLHC’s knowledge base, technical capabilities, and ability to provide continued national leadership are in jeopardy.

2005 Budget Resolution Proves Elusive

As of May 7, Congress had yet to pass a budget resolution for FY 2005. The main obstacle to compromise on the resolution is different House and Senate versions of the “pay-as-you-go” rule. The House version imposes this rule only on entitlement spending increases, mandating that any new spending on programs like Medicaid and Social Security be “paid for” through spending cuts in other entitlement programs. The Senate version imposes the “pay-go” rule on both entitlement spending and any new tax cuts.

Budget watchers believe that if no compromise is reached on a budget resolution by May 15, Congress will not pass one. In fact, Congress and the country may be better of without a budget resolution this year, according to some analysts. The Center on Budget and Policy Priorities reports that spending caps under last year’s budget resolution would be preferable to those included in either the House or the Senate version for FY 2005. Both of this year’s versions call for massive spending cuts for a wide variety of domestic programs, including those focused on health, the environment, and public safety. Entitlement programs are also at risk under both resolution versions, with already-strained Medicaid appropriations suffering billions of dollars in cuts. For more information, visit www.cbpp.org/4-27-04bud.htm.

New HUD Policy Denies Section 8 Vouchers to Thousands of Families

Local Section 8 voucher administrators were notified on April 22 that HUD will fund the Section 8 housing assistance program at August 2003 levels and will not release already-approved inflation adjustment funds. This move will cause a funding shortfall for hundreds of public housing authorities (PHAs) throughout the country, negatively impacting thousands of low-income families.

In its FY 2004 budget, Congress included full funding for all existing Section 8 vouchers, ensuring that no family would lose its housing assistance. At the same time, it included an additional $1 billion in the Section 8 program as further protection for all families currently holding housing vouchers. HUD’s actions appear to go against the clear intent of Congress. For more information, visit the National Low Income Housing Coalition’s website at www.nlihc.org. An in-depth analysis of HUD’s decision is available at www.cbpp.org/4-26-04hous.htm.

Lead-Safe Work Practices Training Course Now Available in Spanish

The latest EPA-HUD training course curriculum, “Lead Safety for Remodeling, Repair and Painting,” is now available in Spanish. Referred to by some as “The RRP Course,” this curriculum is based on previous model courses in lead-safe work practices (LSWP) and includes hands-on exercises. The audience for this course includes renovators, remodelers, painters, and maintenance personnel. Completion of this course satisfies training requirements for performing non-abatement work that is governed by HUD's lead-safe housing rule as well as some states' and localities' laws and regulations.

The Alliance encourages health departments and community-based organizations to pursue offering this course build capacity in LSWP in low-income communities. The availability of this course in Spanish now gives many non-English speaking workers access to important information on the dangers of lead dust and lead-safe work practices that will protect themselves, their families, and the occupants of homes where they work from lead exposure.

Both the English and Spanish editions of course materials are posted at
www.hud.gov/offices/lead/training/rrp/rrp_course.cfm.

For information about MasiMax-coordinated delivery of free lead safety training using this course, and for an online registration form, see http://leadsafetraining.org. Health departments, community-based organizations, and others can invite MasiMax to schedule a training in their community by contacting John Combs at 571-203-7766 ext. 102 or by emailing jcombs@masimax.com.

EPA’s Final Lead Safety Notice and Training Rule Adopted

On April 8, EPA published its final rule regarding notice of and training in lead safety disciplines for states without an EPA-authorized lead safety program. A map showing these states in white is located at www.epa.gov/lead/authstatus.pdf.

The rule establishes procedures to notify EPA prior to the commencement of lead-based paint abatement activities or lead safety training courses. The full text of the new rule is available at www.epa.gov/lead/notification%20final.pdf.

Michigan Passes Lead Screening Legislation

Michigan Governor Jennifer Granholm signed two new lead poisoning prevention laws in April, saying that the measures will help identify children who have been exposed to dangerous levels of lead and better protect lead-poisoned children from lifelong health complications.

The laws will require the state’s Department of Community Health to ensure than any provider, HMO, or healthcare facility that receives Medicaid payments conducts screenings for elevated blood lead levels in children. The laws will also require any laboratory that screens blood samples for lead to report the results electronically to the Department.

Three other lead poisoning bills are still pending in the Michigan Legislature. These bills would establish a lead-safe housing registry and create a statewide childhood lead poisoning prevention commission. For more information on Michigan’s screening and lead poisoning prevention legislation, contact Paul Haan at Get the Lead Out! at 616-247-9556 or GTLO@sbcglobal.net.

Two Lawsuits Filed Against New NYC Lead Law

Two separate lawsuits were filed in State Supreme Court in New York challenging New York City’s new lead-based paint law, passed when the City Council overrode a mayoral veto in February. One lawsuit was filed by groups representing landlords, while a non-profit developer and provider of low-income housing filed the second suit.

The April lawsuits state that the Council “acted rashly and illegally” in passing the lead law. The suits claim that the Council did not conduct required environmental reviews and mistakenly assumed that all buildings constructed before 1960 contain lead paint.

Supporters of the law say the amount of environmental review conducted was “massive” compared the city’s last lead law, which was overturned by the New York State Court of Appeals in July 2003. They assert that the two lawsuits are about money, not a lack of environmental review.

CDC Warns of Heart Attack Risk from Secondhand Smoke

In late April, the Centers for Disease Control and Prevention (CDC) issued an advisory strongly urging those at risk of a heart attack to avoid all areas where people smoke cigarettes. The CDC now believes that even a modest 30 minutes per day of exposure to secondhand smoke can dramatically increase the likelihood of a serious or lethal heart attack in those at risk.

The CDC estimates that at least 35,000 people die each year from heart disease caused by breathing secondhand smoke. For those living with a smoker, secondhand smoke poses a risk for heart attack as well as asthma.

For more details on the CDC’s secondhand smoke advisory, click here. A fact sheet on secondhand smoke in the home is found at www.cdc.gov/tobacco/research_data/environmental/etsfact3.htm.

Canadian Study Prompts Doctors to Issue Warning on Pesticides

Doctors in Ontario, Canada, are so alarmed about the results of a recent study on pesticides that they are urging their patients to avoid the chemicals whenever possible. The study, conducted by the Ontario College of Family Physicians, is the most extensive review of the chronic effects of pesticide exposure ever conducted in Canada. It focused on exposures at work, in the garden, and in the home.

The study found that parents who work in settings where pesticides are routinely used can track the chemicals into the home and expose their children. Pesticides from the lawn and garden can also be tracked into the home, and they can drift into the home through open windows. Pesticides in the home environment are usually far more concentrated than those outdoors, and they break down much more slowly indoors.

Doctors in Canada warn that everyday items such as ant or wasp spray are not safe to use. Children are especially at risk because their bodies are growing and developing, pound-for-pound eating more food and breathing more air than adults.

Health effects that this study linked to pesticides include fetal damage, a variety of neurological disorders, and a number of cancers. To obtain a copy of the full study, please visit www.ocfp.on.ca/English/OCFP/Communications/CurrentIssues/Pesticides/default.asp?s=1.

NY State Court of Appeals Throws Out Suit Against Municipality

In late March, the New York State Court of Appeals ruled that municipalities could not be held liable for injuries and illness suffered by a lead poisoned child when city or county health departments do not respond to the full extent of their authority or ability.

The court held that the lead poisoned children in the case did not have a “special relationship” with the health department in question, and because of this, Putnam County could not be held liable for the illnesses that lead poisoned children suffered.

In the main case, Pelaez v. Seide, two children were identified as having elevated blood lead levels. Under the county health department’s orders, the children’s landlord undertook lead abatement. However, the landlord hired untrained workers who lacked necessary lead-safe work practices skills. The county health department, aware that the landlord was using untrained workers, did nothing to stop the process. The result was that one child’s blood lead level rose to 70 µg/dl, and the other child’s to 50 µg/dl. Both children were hospitalized and will suffer lifelong health and cognitive problems.

The court, while finding that the county was not financially liable to the poisoned children, said, “In retrospect, the municipal employees in both cases may have carried out their duties imperfectly, and it surely would have been far better—and the harm perhaps avoided—had the Putnam authorities been more aggressive and the New York officials more thorough.”

In other words, the court faulted the health department for its poor oversight yet still denied the children damages. Throughout upstate New York (and in some other states), health departments are still ordering landlords to repair peeling paint without requiring use of a certified abatement contractor or lead-safe work practices, and without requiring the use of clearance testing. This court decision provides health officials the chance to change policy and practice to correct these gross shortcomings without incriminating their past failures.

New York State Failing to Check Completion of Lead Hazard Control Work

A University of Rochester study, authored by Katrina Smith Korfmacher and others, has found that New York State is failing to ensure the success of lead hazard control work in homes where EBL children live. The study found that homes where lead hazard control work was performed without clearance testing had similar lead dust levels as homes where visible lead hazards still existed. Released in April, the study compared a group of homes treated for lead hazards with a group of homes where lead hazard control work was not performed.

Regulations in New York State mandate that county health departments perform an environmental investigation when a child has been lead poisoned. However, the state does not require health departments to do clearance testing after lead hazard control work has occurred. The state insists that inspectors routinely sample dust for lead; the university’s study shows that not to be the case. For more information about the study, contact Dr. Jay Stein, Senior Vice President & Vice Provost Emeritus for Health Affairs, University of Rochester, at 585-275-5931.

EPA Releases Interpretive Guidance on Lead Test Kits

The EPA released Interpretive Guidance in April regarding the use of lead test kits by individuals who are not certified lead inspectors. The memo states that EPA’s regulations pertaining to inspections apply only to individuals who represent themselves as lead inspectors. All other individuals, including lead hazard technicians, may use lead test kits on painted and other surfaces in full compliance with federal law, as long as they do not claim to be lead inspectors and it is clear that they are not conducting an official lead hazard inspection. For the full text of the Interpretive Guidance memo, see
www.epa.gov/lead/qa15.pdf.

Housing Data Brochure Available from U.S. Census

The U.S. Census Bureau has made available an informational brochure about the American Housing Survey (AHS). The brochure, “American Housing Data Between Censuses: The American Housing Survey,” provides an introduction to the AHS and provides quick links to other data sources.

The AHS is a survey of housing units that looks at how specific units change over time. The changes include the condition and safety of the housing units. The brochure details how the AHS breaks down into national and metro area-level surveys and includes a list of survey dates for the metro areas studied, as well as information on how to obtain data and reports. A copy of the brochure is available free of charge at www.census.gov/prod/2004pubs/ahsr04-1.pdf.

Database Summarizes Links Between Environmental Exposures and Human Disease

Three physicians with the Collaborative on Health and the Environment have compiled a spreadsheet that lists and details the links between environmental exposures and over 200 different health conditions. The spreadsheet includes lead poisoning, asthma, and allergies among the diseases it profiles, and it includes indoor exposures to lead, mold, pesticides, and secondhand smoke. The spreadsheet is available at www.protectingourhealth.org/corethemes/links/2004-0203spreadsheet.htm.

EPA National Air Toxics Community-Based Program Soliciting Grant Applications

The U.S. Environmental Protection Agency’s (EPA) Office of Air Quality Planning and Standards is currently soliciting grant applications for National Air Toxics Community-Based Program projects. EPA announced that up to $600,000 will be available for six to ten projects that will characterize or reduce air toxics problems in local communities and that will track toxics reduction activities. Applications are due May 17, 2004.

Eligible projects include efforts to reduce indoor air contaminants. EPA will accept grant applications from state, local, multi-state, and tribal governments, as well as from universities and non-profit organizations (not including hospitals). The full Request for Applications can be found at www.epa.gov/air/pdfs/04-07.pdf, and the complete grants application package can be downloaded at www.epa.gov/ogd/grants/how_to_apply.htm.

Upcoming Conferences

Boston University will host the Science of Environmental Justice Conference from May 24-26, 2004. The conference, sponsored by the EPA and the Boston University School of Public Health, will bring together diverse stakeholders to learn about innovative tools and models that have been developed to meet the scientific needs of urban, suburban, and rural communities. Key topics will include children’s environmental health, community-based participatory research, asthma, air toxics, and land-based environmental health risks. The registration deadline is Friday, May 7. More information can be found at www.namsinc.org/ejworkshop/.

The EPA’s Community Involvement Conference and Training will be held from June 15-18, 2004 in Denver. The conference is especially designed for federal, state, local, and tribal leaders who work to implement environmental education and community involvement in local communities. Academic, private sector, and community-based organization partners will also benefit from the conference and training. 40 concurrent workshop and panel sections will include information on reducing children’s exposure to second-hand smoke, community toxics programs, organizing a pubic education campaign, and collaborating with state and local agencies. Registration closes on June 1. Visit www.epancic.org/2004/overview.cfm for more information, or call 301-589-5318.

The Lead and Healthy Homes Grantees Conference will be held in Orlando from June 20-23, 2004. The conference will bring together grantees from HUD, EPA, CDC, as well as parents, community leaders, advocates, and researchers. A variety of issues will be highlighted, including the latest in training, research, legislative and regulatory issues, enforcement strategies, and primary prevention opportunities for lead safety and healthy homes. Registration for this conference is still open—contact mcady@ggadv.com for information. Some funds are available for travel scholarships to parents, volunteers, and staff of nonprofit, community-based, and faith-based organizations. To inquire about a travel scholarship, contact paul_diegelman@hud.gov. General information about the conference program and schedule is available at http://orlandomeetinginfo.com/hud/31055552.pdf.


The Annual Indoor Environmental Health and Technologies Conference will occur in Orlando from June 23-25, 2004. The conference will include a variety of programs on children’s health, mold assessment and remediation, healthy homes, lead hazard control, and health education and outreach. Information can be obtained at www.leadmoldconferences.com/04pdfs/2004IEHTnationalconf.pdf or by calling 1-800-590-6522.

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