EDF Health

Making federally-assisted housing lead-safe for children

Tom Neltner, J.D.is Chemicals Policy Director

Housing supported by the Federal Government should not be poisoning children.

That was the simple message Congress delivered to the Department of Housing and Urban Development (HUD) in the Residential Lead-Based Paint Hazard Reduction Act of 1992. Despite some real progress since then, recent cases of lead poisoning in federally-assisted housing in Chicago and Indiana suggest there is still much work to be done.

Thanks to a strong public push to highlight these failings, HUD recently proposed changes to its “Lead Safe Housing Rule.” At the heart of these changes is lowering the level of lead in children’s blood considered “elevated,” the trigger for local housing authorities to conduct detailed inspections of a child’s home for lead. HUD has continued to use a level of 20 µg/dL set in 1999, despite a consensus that lead is harmful to children at much lower levels. HUD is on track to finalize the rule in January 2017 after sending it to the Office of Management and Budget on November 21 for final reviewJan. 13, 2017 update: HUD issued a final rule that was similar to what was proposed.

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EPA tells Rep. Israel a Household Action Level for lead in drinking water will come “later this year”

Tom Neltner, J.D.is Chemicals Policy Director

In early 2015, the Environmental Protection Agency (EPA) first committed to developing a level that would provide context for those trying to assess an infants’ risk from lead in their drinking water.

An infant’s developing brain is extremely vulnerable to lead. Many parents rely on formula made from drinking water to feed their children. So if that water contains lead, the child is likely to be harmed.

A “Household Action Level” would help parents and public health officials know when lead in the drinking water reaches a level likely to produce an “elevated blood lead level” in an infant who is fed formula. This information can help parents and communities make informed choices about how to protect their children.

So we were pleased to see Rep. Steve Israel’s (D-NY) tweet about EPA’s response to his questions regarding the Household Action Level. As a member of the House subcommittee that funds the nation’s water programs, Israel asked the agency to provide an update on the agency’s efforts to release a Household Action Level for committee record.

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Washington Post looks at the long and painful history of Lead in Drinking Water rule

Sarah Vogel, Ph.D.is Vice-President for Health.

If you missed last week’s Washington Post piece, “The EPA’s lead-in-water rule has been faulted for decades. Will Flint hasten a change?”  we suggest you go back and take a look. Post reporter Brady Dennis takes us back to the beginning to figure out how a federal rule intended to help ensure safe drinking water nationwide faltered, and why it has taken so long to fix.

In 1991, EPA issued the Lead and Copper Rule to reduce lead in drinking water that primarily relied on corrosion control. But initial progress stalled and the rules shortcomings became clear. As EPA Administrator Gina McCarthy explained at a recent hearing, the rule “needs to be strengthened.” Critics claim the outdated rule has become too easy to evade and too hard to enforce.

EPA now is developing an overhaul of the rule. Given the complexity and scope of the challenge, as my colleague Tom Neltner points out, the stakes are high and the agency needs to get it right.

Neltner should know. He served on the expert panel advising the EPA National Drinking Water Advisory Council (NDWAC) which looked at the rule’s flaws. For example, EPA’s original “lead action level” was based on whether or not corrosion control was working and not on the health risk. The group Neltner served on recommended establishing a new health-based “household action level” that will empower people to make informed choices about how to manage their risk to lead hazards in water. In February 2015, EPA agreed to develop an estimated level for the panel to consider. Given the consumer’s need for the number as a result of Flint, EDF has urged that the agency move quickly to release the household action level.

EPA has indicated the lead rule update will be issued in 2017. But with bipartisan Hill support and a new Presidential Administration on the horizon, many are anxious to see it move faster.

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Unfulfilled: EPA’s 2009 commitment to fix lead-based paint hazard standard

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In 2009, EPA committed to fix its rule identifying dangerous levels of lead. The evidence since then has only gotten more compelling. EPA needs to fulfill its commitment and revise the rule consistent with the recommendations of its own Science Advisory Board.

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

In 2005, then-Senator Barack Obama, supported by then-Senator Hillary Clinton, forced the Bush administration to issue a long-overdue rule to ensure contractors used lead-safe work practices when conducting renovations, repairs, and painting work at homes and child-occupied facilities. So when Senator Obama became President Obama, there was tremendous promise for advances in lead poisoning prevention.

By the second half of 2009, it appeared that promise was turning into reality. Under President Obama’s leadership, the Environmental Protection Agency (EPA) made lead poisoning prevention a priority and undertook a series of important commitments to protect children. Despite that initial success, many of those prevention efforts were foundering by late 2010. Read More »

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Lead hazard disclosure: Time to better inform home buyers and renters

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

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Imagine what would happen if firms like Zillow and Redfin that have transformed the real estate marketplace also helped consumers make informed decisions about health hazards in the home.

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In the past 20 years, if you’ve bought or rented a home built before 1978, you’ve seen it–130 words in a dense paragraph titled “Lead Warning Statement.” Below it, the landlord or seller most likely checked the box saying he or she “has no knowledge of lead-based paint and/or lead-based paint hazards in the housing” and “has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.”

By the time you read that dense paragraph, you’d have already chosen your new home, so you likely signed the forms and put the “Protect Your Family from Lead in Your Home” booklet in your to-do pile; a pile that all-t0o-easily gets lost in the chaos of a big move.

Congress created this lead hazard disclosure requirement in 1992 as part of a comprehensive law designed to protect children from lead in paint. The objective was to transform the marketplace by having buyers and renters demand homes that were either free of lead paint or, at least, lead hazards.

It has not worked out that way. The marketplace for lead-free or lead-safe homes never materialized, and sellers and landlords have little to no incentive to look for problems that might complicate the transaction.

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Household Action Level for Lead in Water: EPA Needs to Release Health-based Estimate

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

A new article in USA Today’s series on lead in drinking water shines a light on the Environmental Protection Agency’s (EPA) delays in releasing a health-based “household action level” for lead. EPA’s National Drinking Water Advisory Council (NDWAC) recommended that the agency develop this number to help parents, in consultation with their pediatrician and public health agency, decide whether to invest in a filter for the water they use to make up their child’s infant formula.

Without a health-based number, people are mistakenly using EPA’s current “lead action level” of 15 parts per billion (ppb) as the level below which no action is needed. The problem is that this level has no relation to the health risk. It is based on a provision in the drinking water rule that requires utilities to undertake corrosion control and, potentially, lead service line replacement when at least 10% of worst-case sample results exceed that level.

A year after committing to develop a household action level, it appears tied up in the agency’s long overdue overhaul of its broken 1991 regulation designed to protect people from lead in drinking water. Communities all across the country are raising legitimate concerns about the safety of their water and need proper public health guidance. They should not have to wait on rulemaking for this important information. I know EPA is a regulatory agency that thinks in terms of rulemaking. But first and foremost EPA is a public health agency with responsibility to consumers for the safety of drinking water. Read More »

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