EDF Health

Selected tag(s): Lead paint

The fight to end lead poisoning in Rhode Island: A conversation with Laura Brion

The most common causes of lead poisoning in children in the US are lead-based paint and contaminated dust, which are mainly found in older housing. When present, lead pipes also present the single largest source of lead exposure through water. In Rhode Island, an estimated 80% of the housing was built before 1978, meaning it’s more likely to have lead-based paint hazards and lead pipes and put families, especially children, living in the homes at risk.

The Childhood Lead Action Project was founded in 1992 to take on this challenge, with the mission of eliminating childhood lead poisoning in Rhode Island through education, parent support, and advocacy. The organization does it all: workshops and educational outreach for a wide range of audiences, municipal and state-level advocacy to push proactive policies, grassroots campaigning, and more.

I sat down with Laura Brion, who started as a community organizer with the Childhood Lead Action Project and is now the Executive Director, to learn about her journey into the lead poisoning prevention world and what she sees ahead for her organization’s and community’s fight.   

This interview has been edited for clarity and brevity. 

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A consequential day in the effort to prevent lead poisoning

Tom Neltner, J.D.is Chemicals Policy Director

Lead poisoning prevention advocates should mark May 14, 2021 as a consequential day in our collective efforts to protect public health. Last week, two decisions and a preliminary report were issued that lay a solid foundation for further progress. When translated into action, the decisions and report should result in significantly reduced lead exposure for children. These developments were:

  • A court ruling on lead-based paint hazard standards: The U.S. Court of Appeals for the Ninth Circuit directed the Environmental Protection Agency (EPA) to reconsider – and most likely tighten – the agency’s 2019 revisions to its lead-based paint (LBP) hazard standard that define the levels of lead in paint, dust, and soil that are dangerous. The current standards remain in place until EPA revises them to comply with the law and the court’s order. This decision has significant implications for home renovations, real estate disclosures, lead cleanups, and homeowner testing. This welcome step toward stronger protections for children was only possible thanks to Earthjustice and the petitioners that challenged EPA’s flawed rule.
  • Lowered federal elevated blood lead level: The Centers for Disease Control and Prevention’s (CDC) Lead Exposure and Prevention Advisory Committee (LEPAC) unanimously recommended that the agency lower its blood lead reference level (aka “elevated blood lead level” or EBLL) from 5 micrograms per deciliter (µg/dL) of lead in young children’s blood to 3.5 µg/dL. CDC appears ready to act on the recommendation. When it does, the decision will have significant implications for state and local health and housing agencies reacting to blood lead testing results for at-risk children and for action levels for lead in food.
  • New national survey of lead-based paint hazards: The U.S. Department of Housing and Urban Development (HUD) presented to LEPAC the preliminary results of its American Healthy Homes Survey II (AHHS-II), a long-overdue update to its 2006 survey. This survey of lead-based paint hazards serves as the basis for federal agencies to set priorities, assess impacts of policy decisions, and track progress. The results of samples taken in 2018-19 shows modest but significant progress across many demographics including African American households, government-supported households, and households in poverty – most likely an indication that the federal investment to fix low-income housing is paying off.

These actions put added urgency to President Biden’s America Jobs Plan that includes $45 billion in federal funding to fully replace the nation’s 9 million lead service lines and $213 billion for housing – both critical aspects of our nation’s infrastructure that need a lead poisoning prevention-oriented upgrade. We encourage Congress to provide at least $19 billion as part of an investment in housing to reduce lead-based paint hazards in pre-1940 housing, especially by replacing old, single-pane windows to get the combined benefits of safer and more energy efficient homes.

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Implications of Home Depot’s lead-based paint settlement and $20 million penalty

Tom Neltner, J.D.is Chemicals Policy Director.

In January 2017, the outgoing Obama Administration undertook a criminal investigation of Home Depot for alleged violations of the Lead-Safe Renovation, Repair and Painting (RRP) Rule. Last month, the Environmental Protection Agency (EPA) signed a proposed civil consent decree with Home Depot committing the company to establishing a comprehensive set of detailed procedures designed to ensure compliance with the rules and protect customers from lead poisoning.  The company also paid a fine of more than $20 million in civil penalties – more than any other under the Toxic Substances Control Act.

A federal court will consider accepting the proposed consent decree after reviewing public comments received by January 20, 2021.

The proposed consent decree is important because it:

  • Serves as a reminder that companies that subcontract work to others are responsible for complying with the RRP rule; and
  • Provides a comprehensive template for other retailers and general contractors to adopt to ensure compliance.

The settlement also alerts us of troublesome implications of a new federal policy that limits violators’ ability to direct some of the fines to affected communities for activities such as lead poisoning prevention projects.

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Paint-lead hazard standard – A reconsideration

Tom Neltner, J.D.is Chemicals Policy Director

After 20 years working on lead poisoning prevention, it has become almost second nature for me to object when someone suggests that children eating paint chips is a significant route of exposure. All too often, the claim implies that the blame rests with parents who are not conscientious enough to clean or maintain their home or to properly care for their children. The implication is demeaning to the parents and distracts from the often – invisible lead dust hazards on floors that pose the greatest risk to children. So when I hear that idea, I quickly respond that dust is the key route of exposure.

However, a discussion with Hannah Chang at Earthjustice over my blog on the Environmental Protection Agency’s (EPA) July 2, 2018 proposed rule helped me realize that I was misguided with regards to defining the hazards of lead-based paints. She is the main attorney for the organizations that convinced a panel of judges in the Ninth Circuit Court of Appeals to order the EPA to update its lead-based paint hazard standard.

Hannah Chang told me I missed the most compelling point when I pointed out in my previous blog that “EPA did not appear to have considered HUD’s 2007 American Healthy Housing Survey, which should provide a solid basis for identifying the relationship between lead in paint and lead in dust.”  She was right; my logic was too focused on dust as the primary source of exposure. Here is my reasoning; it may be helpful to those planning to submit comments to EPA by the August 16 deadline on the proposed rule.

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Children’s lead exposure: Relative contributions of various sources

Tom Neltner, J.D.is Chemicals Policy Director and Dr. Ananya Roy is Health Scientist

Last week, we noted in our blog that the Environmental Protection Agency (EPA) dropped the statement that paint, dust and soil are the most common sources of lead in its “Protect Your Family from Lead in Your Home” booklet. Property owners provide this booklet to prospective homebuyers and tenants in housing built before 1978. The change implicitly recognizes that there is no safe level of lead in the children’s blood, and we must reduce all sources of lead exposure. It also acknowledges that the relative contribution of air, water, food, soil, dust, and paint to children’s blood lead levels is complicated. Exposure varies significantly based on age of the home, the child’s race and age, the family’s income-level, and region of the country. Any simplification obscures these important differences.

EPA’s scientists made this clear in a model published earlier this year that pulled together the available data, divided children into three age categories, and assigned children in each category into ten groups based on their overall lead exposure. For each group, they estimated the relative contribution of air, water, food, and soil/dust (from paint). Not surprisingly, children living in older homes with lead-based paint hazards by far have the most exposure to lead. For 1 to 6 year olds in the top 90-100 percentile, more than 70% of the lead in their blood is from soil and dust. The contribution from food is 20% and drinking water is 10%. For infants, soil and dust contributes to 50% of the lead in blood, while 40% is from water and 10% from food.

Since there is no known safe level of lead in blood, we must do even more to reduce children’s exposure to lead-contaminated soil and dust.

However, to prioritize action at a national level, it is important to understand how different sources contribute to lead exposure in the average child as well as the most-exposed child. We used the underlying EPA data to calculate the average relative source contribution of different sources to blood lead levels for infants from birth to six months old, for toddlers 1 to 2 years old, and young children from 1 to 6 years old. The results indicate that infants have a much higher source contribution of lead from water in comparison to older children (Figure 1). For the average child 1 to 6 years old, food is the largest source of lead exposure, with 50%, followed by soil/dust then water.

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Federal government updates real estate disclosure booklet to address lead in drinking water

Tom Neltner, J.D.is Chemicals Policy Director

In June 2017, the federal government updated the “Protect Your Family from Lead in Your Home” booklet to expand the information provided on lead in drinking water from a few lines to a full page. Since 1996, when someone rents or buys a home built before 1978, the property owner or landlord is required to provide them with a copy of this booklet. The last update to the booklet was made in 2012.

What is removed?

  • Statement that paint, dust and soil are the most common sources of lead. The new version does not make the comparison. See our September 2017 blog for the Environmental Protection Agency’s (EPA) latest estimates on sources of lead exposure.
  • Running water for 15 to 30 seconds before drinking. The new version is silent on length of time to flush water and instead highlights taking a shower, doing laundry, or doing a load of dishes as options to flush the line at the tap. The change was necessary because homes with lead service lines, the lead pipe that connects the main under the street to the home, often experience higher levels of lead after 30 seconds of flushing.

What background is added?

  • Lead pipes, faucets and fixtures are the most common sources of lead in drinking water.
  • Reminder that older homes with private wells can have lead plumbing materials too.
  • Some states or utilities offer programs that pay for water testing for residents.

What are the new recommendations?

  • Regularly clean your faucet screen (also known as an aerator).
  • If using a filter to remove lead, follow directions to learn when to change the cartridge.
  • Use only cold water to make baby formula.
  • Contact your water company to determine if your home has a lead service line and to learn about lead levels in the system’s drinking water and water testing for residents.
  • Call EPA’s Safe Drinking Water Hotline at 1-800-426-4791 for information about lead in drinking water and 1-800 424-LEAD for other questions about lead poisoning prevention.

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