Indiana Lead-Safe & Healthy Homes Newsletter

December 2006 Edition

Version in pdf

Improving Kids’ Environment (IKE) and the Indiana Lead-Safe Task Force publish this newsletter

several times a year at no charge for anyone interested in issues and  events involving lead

poisoning prevention and healthy homes in Indiana.   Distribution is by email or fax – preferably by

e-mail.   Contact the editor, Janet G. McCabe, at mccabe@ikecoalition.org or 317-902-3610 if you

want to contribute articles, edit the draft newsletter, contribute an article, or want to get on or off

the distribution list.  All editions are available on IKE’s web page at

www.ikecoalition.org/publications.htm.

On the National Scene

Big, Big News!!

Consumer Product Safety Commission Announces It Will Ban Lead in Toy

Jewelry

On December 11, 2006, the Consumer Product Safety Commission announced that it would

begin a regulatory process to ban lead in toy jewelry.  This decision was in response to a

petition filed by the Sierra Club and Improving Kids’ Environment last summer.  The Advance

Notice of Proposed Rulemaking will be published in the Federal Register sometime in

January.  The public will have 60 days from publication to provide comments to the

Commission. Comments can be submitted to CPSC's Office of the Secretary at

tstevenson@cpsc.gov.

Recent Product Recalls

The Consumer Product Safety Commission has issued recent recalls on several products

due to lead hazards, and not just toy jewelry.  They include:  Powerpuff Girls Necklaces,

children’s Butterfly Necklaces, Gigantic Gemstone Ring Party Favors, Children’s Mood and

Diva Necklaces, “Cars” Toy Storage Benches (the first four of these all in December!).  It is

clear that lead is continuing to show up in products intended for use by children.  More

information about CPSC’s product recalls is available here.

FDA Tightens Requirements for Lead in Candy

In November, the Food and Drug Administration issued revised guidance for manufacturers

on lead content of candy likely to be consumed by children.  FDA has lowered the maximum

allowable lead content from 0.5ppm to 0.1ppm and has stated it is prepared to take

enforcement action against any candy product containing lead at levels that may pose a

health risk (i.e., above 0.1ppm).

FDA also reiterated that its policy toward the use of lead-based ink on candy wrappers

remains as stated in its 1995 letter to the industry: they continue to strongly urge all candy manufacturers, including those whose products are offered for import into this country, to

refrain from using lead-based printing inks on their packaging materials.  The guidance

document is available at http://www.cfsan.fda.gov/~dms/pbguid3.html.

Sierra Club and IKE Suit Against USEPA for Denial of Petition to Address

Lead in Toy Jewelry Moves to Mediation

In addition to petitioning the CPSC, IKE and the Sierra Club also petitioned USEPA to

exercise its authorities to control the availability of lead-containging children’s jewelry.  EPA

denied the petitions and the organizations have filed a lawsuit challenging USEPA’s

denial.   As required by the rules of the California court in which the case was filed, the parties will engage in mediation early in 2007.  We will see how the CPSC decision affects USEPA’s response to the litigation and the petition.

Results of EPA Brainstorming Session on How to Speed Up Progress

Towards the Goal of Elimination of Lead Poisoning

EPA’s Region V office hosted a session with a diverse group of experts and stakeholders from around the region to generate ideas, lots of ideas, about how to move more quickly towards the goal of elimination of childhood lead poisoning by 2010.  There were similar sessions held in Region 7 and DC.  EPA has compiled the results of the discussions:  Region V, Region 7, DC.  The sessions generated a lot of ideas, with common themes, including: 

·         Strengthen federal, state and local authorities

·         More coordination among housing, health and environmental agencies at all levels

·         Provide more incentives for property owners to have housing inspected and remediated

·         Increase the public profile of lead poisoning as an issue that needs attention

·         Need for standard protocols

·         Need for more, and more effective, communication and outreach

And much, much more.

Phase-out of NITON XRF Machines that Detect Lead in Paint Has Agencies Worried

ThermoElectron, the company that makes NITON equipment, has announced that, it will service the lead-detecting devices through 2009, when it expects its supply of spare parts to be depleted.  The costs to re-source these devices will also increase from $2500 to $5000.  This is troubling for many agencies across Indiana that own these devices and cannot absorb the higher prices for re-sourcing or the cost of new equipment.  There has been some discussion of this issue on the LeadNet listserve, as it is an issue that concerns many people.  Read the 12-21 reply from Bill Radosevich

Back Home in Indiana

EPA Sues Indianapolis Landlord for Violations of Lead Disclosure Law.

EPA Region 5 has filed a 54-count complaint against Frank Davis of Indianapolis, Ind., for failing to warn tenants or buyers of 10 houses and apartment buildings that their homes may contain lead-based paint hazards.  A $52,724 penalty has been proposed.  IKE filed complaints with EPA in 2003 about this landlord.

200 Attended Informative 2006 Indiana Lead Safe and Healthy Homes Conference

Thanks to the many people and organizations who made the 2006 Indiana Lead Safe and Healthy Homes Conference a success!  That includes our generous sponsors (the Marion County Health Department, the Indiana State Department of Health, the Indiana Housing and Community Development Authority, Environmental Management Institute, IKON, and the Indiana Department of Environmental Management), our speakers, and our volunteers who helped with setup, check in, session moderating, and the hundreds of other tasks that are necessary.  The conference materials are all available on the IKE website—and if you’d like a CD, let Janet know and we will send you one (thanks to IDEM).

The Lead Safe and Healthy Homes Task Force honored a number of individuals and organizations that have made a special contribution to improving children’s health over the past year.  See who they are at http://www.ikecoalition.org/Lead_Conf_2006/2006_Awards.htm.

And thanks to the attendees for submitting such helpful evaluations, which are summarized on the IKE website.  Overall, the sessions received a score of 1.66 (on a 1-5 scale, with 1 the highest).

Due to election day inconveniently falling during the first week of November (whose idea was that, anyway?), next year’s conference will be on October 29 and 30 (note: a Monday and Tuesday) at the Marten House.

Indiana Lead Safe and Healthy Homes Task Force Decides to Work Harder!

The last session at the Lead Conference this year was a brainstorming session where we talked about all the outreach we would like to do--all the people we would like to reach.  At the December Lead Safe Task Force meeting, we decided to step up our efforts this year.  So we agreed to meet every other month instead of quarterly, from 9:30 to 12.  We will explore having telephone access to allow more people to participate, and we welcome everyone’s participation.  The meetings will generally be on the fourth Thursday of every other month in Indianapolis, unless a holiday interferes.  The next meeting is on January 25.

Standardized Risk Assessment Tool Almost Ready

A workgroup formed in 2006 by the EPAC Housing and Environmental subcommittees (primarily made up of risk assessors) are close to finishing a standard written format for risk assessments.  Information from the standard form will feed into a web-based risk assessment application and database to be managed by ISDH.  The database will produce a standard risk assessment report automatically, which  the risk assessor will be able to send to the property owner.  The accumulation of risk assessment information will result in a useful database of statistical information, as well as a list of units that are lead safe.  The database will also allow state agencies to monitor the quality and consistency of risk assessments. There are three components to what is under development.

·         Environmental Investigation Questionnaire – this form is designed for use by local health department staff, or their designees, as an initial interview tool that will ’set the stage’ for the risk assessment focusing largely on non-structural environmental factors that may be poisoning the child. This standard form is fully developed and has been sent to IDEM for approval.

·         Standard Risk Assessment Form and Guide– a standard risk assessment form and accompanying guide for use by all risk assessors.  The form is designed to accompany the input screens on the standard risk assessment database. This Standard Risk Assessment Form and Guide have been sent to IDEM for final approval. The guides section of this form will be available at the database website and ISDH expects to amend it regularly, eventually offering an online risk assessment manual as a resource for risk assessors, lead inspectors, and clearance examiners.

·         Risk Assessment Database – the database, which will be web-accessible, will collect specific information on the unit and lead hazards: location, severity, test results, prioritized recommendations for remediation, and clearance exam information.  The database will capture and store information needed by ISDH for reporting, IDEM for monitoring, and the risk assessor for producing a risk assessment report.  The development of the Standard Risk Assessment Database has moved from a prototype to actual programming.  The prototype is being offered to IDEM for interim approval.

The latest drafts of the forms and screen shots of the web application are available for your comment by contacting Tom Reel (treel@isdh.in.gov) or Jeff Turner (jturner@isdh.in.gov) at the ICLPPP.

2007 Legislative Session to Include Bills on Lead, Birth Defects Registry

Although not all the bills that will be considered during this year’s legislative session are identified, we know of two that Senator Beverly Gard intends to pursue.  The first addresses the ongoing problem of lead in consumer products.  The bill would:

·         prohibit the use of lead-bearing substances on any product or surface that could reasonably be anticipated to be accessible to a child;

·         provide that upon request by a health department, retailers must provide documentation that a product is lead safe.  If documentation is not provided, the product would need to be removed from sale. 

·         require that stores that sell paint post a lead-safe information poster in an area visible to the public and that no person may obscure or remove a product label that states that the product contains or may contain lead. 

This legislation will give local health departments a tool to address situations like we encountered last summer with the toys that were being given out in library reading programs that were eventually recalled by the Consumer Product Safety Commission.  If you are interested in this issue, or in providing testimony about the bill, contact Janet for more information.

A second bill Senator Gard intends to file would fix an unintended problem in the Indiana Birth Problems Registry law (IC 16-38-4).  Section 19 says that the registry is abolished as of July 1, 2007.  The proposed bill would remove that sunset provision.

Information about the legislative session is at http://www.in.gov/apps/lsa/session/billwatch/billinfo, or contact Janet at mccabe@ikecoalition.org if you have a specific question.

ISDH Plans Sessions for HUD Grantees and Grant Hopefuls

ISDH will hold a training session on January 24 for organizations interested in pursuing HUD grant funds in the next grant round.  Learn how to obtain the data needed to support your application and how to make it as strong as possible.  The meeting will be at the ISDH offices, 2 N. Meridian St. in Indianapolis.  Contact Maria Larson or Tom Reel at ISDH for more information.

ISDH Board Finalizes Comprehensive Lead Poisoning Management Rules

On November 8, ISDH voted to adopt changes to the state’s lead poisoning management rules, which provide local health departments with clearer authority and responsibility to act when children with elevated blood lead levels are identified.  410 IAC 29 provides for reporting, case management and gives local departments real authority to require remediation of property where a child has been poisoned: 

Local health officers may enter upon and inspect private property, at proper times after due notice, in regard to the possible presence, source, and cause of lead poisoning and lead hazards, and may order what is reasonable and necessary to prevent lead poisoning or remediate lead hazards.  Remediation shall be followed by dust clearance examination.  410 IAC 29-4-1.

Thanks to Dr. Monroe, members of the ISDH Board , Maria Larson and Tom Reel for finalizing these proactive rules!  The ISDH Childhood Lead Poisoning Prevention Program will be providing training on this rule throughout next year. 

Changing Faces

New and Moving Faces at ISDH.  Dr. Lloyd Flowers has been hired as the new ICLPPP Health Educator.  In addition to being the Medical Director and Chairman of the Board at his clinic in Michigan City, Dr. Flowers comes with experience in workforce development programs, as well as an array of public health programs. For nearly 15 years, he has also volunteered with the American Red Cross, serving as the Disaster Services Chairperson in northwest Indiana.  Most recently, he assisted local health departments in planning for emergency preparedness activities in Indiana.

Jeff Turner has recently been promoted to the position of Environmental Manager for the ICLPPP.  Jeff has 13 years of experience with ICLPPP where he has been the ‘go to guy’ for case management follow up activities and the resident STELLAR expert. Coming from a local health department, he brings a perspective grounded in the real world of client services.  In his new position, Jeff will be concentrating on the primary prevention activities for which he is well prepared.  He is a licensed Risk Assessor and a licensed Registered Environmental Health Specialist.    

Big Changes in Lead Licensing Program at IDEM. 

We are sad to report that two key staff in IDEM’s Asbestos and Lead Section have taken other positions in the Office of Air Quality (though we are happy for their promotions!).  Dave White has become a Section Chief in the Air Permits Branch, and Vicki Schoen will now be serving in the capacity of OAQ Annual Permit Billing Coordinator.  It is unclear what direction the IDEM Lead program will be taking at this time. IDEM is currently in the process of converting its licensing program software to License 2000 as part of an agreement with the Indiana Professional Licensing Agency, which will be sharing responsibility in the issuance of both asbestos and lead licenses.  The software program change will not affect the current procedures for individuals and contractors seeking either asbestos or lead initial or renewed licenses. The review, approval, and denial of applications will still fall under OAQ’s Billing Licensing and Training Section.  Linda Lynch will be taking over individual lead licenses and Linda Williams will still be responsible for contractors.

Mark Your Calendars

      Lead-Safe Indiana Task Force Meeting in Indy.  All are welcome to attend these meetings to discuss lead poisoning and healthy homes issues across Indiana.  It is a great networking and planning opportunity.  Contact Janet at mccabe@ikecoalition.org or at 317-902-3610 for details.  All meetings will be at the Environmental Management Institute, 5610 Crawfordsville Road, Suite 15.  We usually coordinate the meetings with Indiana EPAC’s Housing Subcommittee meetings.

·        January 25 – 9:30 to 12:00

·        March 22 – 9:30 to 12:00

·        May 17 – 9:30 to 12:00

      Indiana Lead Elimination Plan Advisory Committee (EPAC) in Indy.  The committee is charged with advising ISDH on the state’s implementation of the state lead elimination plan.  The meetings are open to the public.  The 2006 meetings are as follows, all at HUD’s Offices at 151 N. Delaware St., Suite 1200, unless otherwise noted in future newsletters.

·        Thursday, February 15 –10:00 to 12:00 at 151 N. Delaware, Indianapolis

    Training

·        Free EPA & HUD-Approved Lead Safe Work Practices Course.  Contact Masimax at leadsafetraininginfo@masimax.com or go on-line at www.leadsafetraining.org 

o        Kalamazoo MI on 1/19

o        Springfield, OH on 1/23

o        South Bend, IN on 1/30

o        Cleveland, OH on 2/22

o        Cleveland, OH on 3/16

·        Accredited Lead Training at the Environmental Management Institute in Indy.  Contact EMI at 800-488-8842 or www.envtlmgmt.org.

o        Lead Inspector / Risk Assessor Initial – February 5-9

o       Lead Supervisor Initial – January 29 – February 1

o       Lead Inspector / Risk Assessor Refresher – May 22-23

o        Lead Abatement Supervisor Refresher – April 18

o       Mold Awareness – March 23

o       Mold Remediation –  April 16 – 18

·        National Center for Healthy Housing.  The Center offers two training classes:  Building Healthy Homes and Essentials for Healthy Homes Practitioners.   Information about upcoming sessions is at http://www.healthyhomestraining.org/upcoming.htm.

     Indiana General Assembly

Dates and times of legislative committees are posted at http://www.in.gov/legislative/session/calendars.html.  Be advised, though, that schedules are subject to change at the last minute and may not always be posted.

         Conferences

o        2007 Indoor Environmental Health and Technologies Conference & Lead and Healthy Homes Grantees Conference.  This is a conference sponsored by the Lead and Environmental Hazards Association and the National Association of Lead and Healthy Homes Grantees.  The third annual conference will be held on April 24-27, 2007 at the Doubletree Hotel in Orlando Florida.   

o        2007 Indiana Lead Safe and Healthy Homes Conference.  A distant dream:  October 29-30 in Indianapolis.

Please consider supporting IKE

IKE has been fortunate in the past to receive funds from government agencies, foundations and other donors to support its work, but has also relied on thousands of hours of donated time.  As IKE moves forward to establish a more firm and stable funding base, we need to ask for financial support from those who believe in what we do.  Please consider making a tax deductible donation, either through www.Justgive.com  (click on button on IKE homepage) or by sending a contribution directly to IKE, 1201 N. Central Ave, #9, Indianapolis, IN 46202.

Thanks for improving kids' environment!  If you have any questions or comments about this newsletter, IKE, or the Indiana Lead Safe and Healthy Homes Task Force, contact Janet G. McCabe at mccabe@ikecoalition.org, 317-902-3610 or 1201 N. Central Ave, #9, Indianapolis, IN  46202.  If you need more information on national events, check out the Alliance Alert Newsletter at www.afhh.org and click on newsletter.

IKE publishes a newsletter on a regular basis that describes IKE’s efforts beyond healthy homes and lead hazard control.  Contact Janet G. McCabe at mccabe@ikecoalition.org if you want to subscribe to either of those newsletters.