Indiana Lead-Safe & Healthy Homes Newsletter

February 2005 Edition

Version in pdf

Improving Kids’ Environment (IKE) and the Indiana Lead-Safe Task Force publish this newsletter every two or three months 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, Tom Neltner, at mccabe@ikecoalition.org or 317-442-3973 if you want to contribute articles, edit the draft newsletter, have an article to contribute, or want to get on or off the distribution list.  All editions are available on IKE’s web page at http://www.ikecoalition.org/publications.htm. 

Lead-Safe Indiana Task Force – March 8

Please join us for a meeting of the Lead-Safe Indiana Task Force on Tuesday, March 8 from 10:00 to 2:00 at EMI in Indianapolis.  This is an excellent networking opportunity as well as a good chance to discuss strategy and provide input and guidance in the various efforts to eliminate lead poisoning in Indiana.  Everyone is welcome.

Recognizing Leadership with the 2004 Lead-Safe Indiana Awards

The following individuals and organizations received a 2004 Lead Safe Indiana Award from the Task Force at its 2004 Indiana Lead-Safe and Healthy Homes Conference on November 10, 2004.  State Senator Beverly Gard, State Representative Bill Crawford, the Alliance for Healthy Homes' Don Ryan, Tom Neltner and Dave McCormick presented the awards.  For more information on the awards process or information on 2001,  2002, and 2003 award recipients go to www.ikecoalition.org.

2004 Award Recipients:

·         Karen Long, Howard County Health Department in Kokomo

·         Environmental Management Institute represented by Joan Ketterman

·         Sarge Visher, Congresswoman Julia Carson

·         M. Sami Khawaja of Quantec of Portland, Oregon

·         Nicole Gaunt, Fort Wayne – Allen County Health Department

·         Van Rooy and Associates represented by Joe Overton and Rick Walker

·         State Representative Bill Crawford

·         Indiana Lead Elimination Plan Team Leaders

·         Don Ryan, Executive Director, Alliance for Healthy Homes

SB-538 Passes Senate with Amendment Limiting Information Sharing with IDEM

Two bills were introduced to the Indiana General Assembly.  Senator Simpson introduced SB-299 to require performance measures and incentives to Medicaid managed care organizations to improve blood lead testing.  It also requires ISDH to adopt rules for case management of lead poisoned children.

Senator Gard’s SB-538 would improve existing laws in four ways:

1.                    Adopt the same provisions as in Senator Simpson’s bill to improve Medicaid blood lead testing;

2.                   Mandate electronic reporting of blood lead tests results by labs that submitted more than 50 results to ISDH in the previous calendar year;

3.                   Direct ISDH to work with social service organizations; and

4.                   Require ISDH to share the addresses of lead poisoned children with IDEM and HUD so they can ensure that children potentially affected by lead hazards are adequately protected from lead poisoning.

IDEM’s new administration opposed the provision requiring that it get addresses of lead poisoned children.  IDEM claimed it was an unfunded mandate because they would need to take legal action to protect the thousands of children who were identified as lead poisoned and live in houses that have lead hazards identified by a licensed risk assessor.  

IDEM conceded that lead hazards in property occupied by children would pose an “imminent and substantial endangerment” to children.   Therefore, IDEM believed it was obligated by IC 13-14-10-02 to bring suit to “immediately restrain any person causing or contributing to the alleged pollution to stop the discharge or introduction of contaminants causing or contributing to the pollution or take other necessary action.” 

Senator Simpson raised concerns that IDEM should make the tough decisions to protect children from lead hazards rather than avoid getting the information.  Senator Simpson and others on the committee supported an effort to develop better administrative tools if IDEM believed its only option was to file suit. 

The bill passed unchanged out of committee by a unanimous vote.

In response to the discussion, IKE’s Tom Neltner drafted a possible amendment to address IDEM’s concerns with the bill.  The amendment would require IDEM to help local health departments resolve the issue.  If the local health departments were unsuccessful, then IDEM would issue an administrative order.  If still unsuccessful, IDEM would file suit.  The amendment would also have IDEM notify the property owner of its obligation to:

·         Report results pursuant to Indiana’s Responsible Property Transfer Law;

·         Provide copies of the documents to buyers and lessees pursuant to the federal lead hazard disclosure law;

·         Comply with the Fair Housing Act that prohibits discrimination of families by excluding children;

·         Follow Indiana’s lead-based paint activities rules.

On second reading, Senator Gard amended the legislation to remove the reference to IDEM with respect to sharing information.  This will give Senator Gard the opportunity to work with interested parties, IDEM and ISDH to try to resolve the issue.  Without the amendment the legislation was in jeopardy of being recommitted to the Appropriations Committee because of the potential fiscal impact.

Go to www.ikecoalition.org for a copy of the following documents:

·         SB-538 as passed unanimously by the Senate Health and Provider Services Committee;

·         IKE’s Fact Sheet on SB-538;

·         IKE’s Proposed Amendment to SB-538 to Respond to IDEM’s Concerns; and

·         IKE’s Explanation of its Proposed Amendments to SB-538.

Go to http://www.in.gov/apps/lsa/session/billwatch/billinfo and put in 538 for the bill number to get the latest status of this important legislation.

RCRA 90-day Notice of Intent to Sue Terre Haute Landlord

With the help of her attorney, Tom Neltner, on January 24, 2005 Katrina Snow took the unusual step of filing a 90-day notice of intent to sue her former landlord to get the property cleaned up pursuant of the Resource Conservation and Recovery Act (RCRA).  RCRA allows persons to sue when solid waste poses an imminent and substantial threat to public health and the environment.   “Persons” eligible to act under RCRA includes government agencies, individuals, or organizations as long as they have standing. 

The only remedy allowed under RCRA is the elimination of the threat.   Ms. Snow is considering a separate lawsuit for the landlord’s failure to follow the federal lead hazard disclosure law.

Based on research sponsored by the Alliance for Healthy Homes, this notice for residential lead hazards is the first of its kind in the country.

Under RCRA, before filing suit the citizen must give written notice at least 90 days in advance to the person who would be sued, to EPA, and to the state hazardous waste authority.  In Indiana, that authority is the Indiana Department of Environmental Management.  The notice gives the person causing the threat 90 days to fix the problem.  It also gives EPA and IDEM 90 days to take an enforcement action to fix the problem.

The notice asserts that detached paint chips, lead dust and lead-based paint contaminated soil are solid wastes even though they may qualify for the household hazardous waste exemption to the hazardous waste regulations.   The notice also maintains that these solid wastes pose an imminent and substantial threat to children’s health when they meet the definition of lead hazards at 40 CFR 765.65.  These assertions are based on EPA’s Administrative Order issued to Group I Management and M275 in Falls River, MA in September 4, 2001 and its Unilateral Administrative Order issued to 17^th Street Revocable Trust in July 2000.

The landlord contacted Tom Neltner the same day he received the notice.  He agreed to eliminate the lead hazards by either demolishing the house built in 1891 or abating the hazards using a lead-based paint abatement contractor before April 24, 2005.  Strangely, he put up a “for-sale” sign a few days later.  This is the same home that Vigo County Health Department declared uninhabitable due to lead hazards on December 8, 2004.

Tom Neltner asked IDEM to intervene in an October 4, 2004 letter.  IDEM opted not to act immediately because the local health department had declared the property unfit for habitation.  It chose to defer resolution of the broader policy issues to the new administration.

Go to www.ikecoalition.org for a copy of the following documents.

·         EPA’s September 4, 2001 order to Group I Management and M-275 in Falls River, MA (0.25 MB)

·         EPA’s July 2000 unilateral administrative order to 17^th Street Revocable Trust (1.2 MB)

·         Katrina Snow’s January 24, 2005 RCRA Notice of Intent to Sue Landlord Kassis

·         Tom Neltner’s October 4, 2004 Letter to IDEM Asking IDEM to Intervene

Terre Haute Article

Peter Ciancone of the Terre Haute Star Tribune continues to provide excellent coverage of lead poisoning issues in Vigo County.  In its February 13 edition, it focused on a local landlord that has a home with lead hazards and former tenants with three lead poisoned children.  The article deals with the former tenant’s 90-day notice of intent to sue described earlier in this newsletter.  Go to www.tribstar.com/articles/2005/02/12/package/package.txt for the article or click here.

ISDH Proposal for Reimbursement to Local Health Departments

ISDH developed a proposal to Indiana’s Office of Medicaid Policy and Planning to reimbursement health departments for environmental investigations and case management to help lead poisoned children.  Go to www.ikecoalition.org for a copy of the proposal.

The proposal was developed as part of an agreement to meet the expectations of Rep. Bill Crawford and the Indiana Joint Commission on Medicaid Oversight. 

It is an excellent proposal.  OMPP has some concerns and has sent a letter to ISDH explaining them but the letter was not yet available.  They are working to resolve the concerns before seeking approval from the federal Medicaid office.

Changes at IDEM

IDEM’s new commissioner, Tom Easterly, was designated by Governor-elect on December 23, 2004.  On January 10, Commissioner Easterly’s appointment became official when the Governor took office.  Immediately, he dismissed seven senior IDEM managers and told them to clean out their desks that evening.  Two people returned to merit positions.  Paula Smith returned to being the branch chief of the Compliance and Technical Assistance Program in IDEM’s Office of Pollution Prevention and Technical Assistance.  Dana Reed Wise became the children’s health coordinator in IDEM’s Office of Planning and Assessment. 

Janet McCabe, Tim Method, Felicia Robinson, and Susan Moster submitted resignations.  Jim Mahern was dismissed when he refused to resign. 

All of these people played critical – and constructive – roles in establishing and building Indiana’s children’s environmental health program.  In particular, Paula Smith as Director of the Office of Planning and Assessment and Janet McCabe as Assistant Commissioner of the Office of Air Quality were critical.  We will miss their contributions and wish them well.  We look forward to working with Commissioner Easterly and his leadership team!

Lead in Soil from Roadways – A Study of Indianapolis

Professor Filippelli, Mark Laidlaw, Jennifer C. Latimer, and Robyn Raftis at Indiana University – Purdue University at Indianapolis published an engaging analysis of medical geology using soil contamination along Indianapolis’ thoroughfares as striking evidence to support their analysis.  They analyzed the spatial relationship between lead toxicity and metropolitan roadways in Indianapolis and concluded that lead contamination in soils adjacent to roadways, the cumulative residue from the combustion of leaded gasoline, is being remobilized. They recommend developing strategies to remove roadway lead at the source as a matter of public health and social justice.  For more information on the article, contact Gabriel M. Filippelli at gfilippe@iupui.edu  or click here for the full story.

ISDH Testing Results

On January 24, 2005, ISDH delivered its preliminary report on blood lead testing in 2004 pursuant to IC 16-41-39.4-3.  Click here for a copy of the report.  ISDH reported a total of 37, 457 children six years or younger tested.  The tests indicated that 1,038 children had levels over 10 micrograms of lead per deciliter of blood by either capillary or venous test.  ISDH was able to confirm that 470 the test with a venous test or repeated capillary tests.  The test is preliminary though.  Since many of the reports were submitted in hard copy, ISDH has not yet had the opportunity to input the information into the system for several thousand reports.  So use the numbers with caution and contact ISDH’s Maria Larson at mlarson@isdh.state.in.us or (317) 233-1293. 

Nov 8 and 9 for Indiana Lead-Safe and Healthy Homes Conference

Mark your calendars for November 8 & 9, 2005.  We will have our annual Indiana Lead-Safe and Healthy Homes Conference at the Marten House again this year.  Please let Tom Neltner know if you have ideas to improve the conference or want to help.

CPSC Takes Action on Jewelry

While lead-based paint is the primary source of lead poisoning.  There are significant other sources.  Jewelry is one of them. 

On February 3, 2005, the Consumer Products Safety Commission took action to warn importers, manufacturers, and retailers of its new policy regarding children’s metal jewelry and established laboratory test procedures.  The CPSC established a screening level of 600 ppm of lead in each component of the jewelry. 

Contact the CPSC Consumer Hotline at (800) 638-2772 for more information.

ISDH Workshop on HUD Grants

The HUD SuperNOFA will be published sometime in late February or early March.  The SuperNOFA contains many HUD grants available for local agencies to address housing needs. Included in this years SuperNOFA should be nine Lead Hazard Control grants which range up to three million dollars per grant.  The nine grants allow for funding to address lead hazards in homes. 

ISDH is offering a one-day grant application training on the HUD grants.  The training is for local heath departments and their partners (such as the city or county officials, local housing authorities or local Community Action Agency) who think they may apply for one of the grants.  Participants will learn the best strategies for primary prevention, partnering and budgeting when applying for these grants. 

The training will be held on Wednesday, February 23, 2005 from 9:30 a.m. to 5:00 p.m. in Indianapolis at the Indiana Government Center.  Please mark your calendar and plan to attend.  Due to limited space, pre-registration is required.  Please contact ISDH’s Jo Rhodes at jrhodes@isdh.state.in.us. 

The featured speakers include:

·         Jane Malone from the Alliance for Healthy Homes located in Washington D.C., who is an expert in addressing lead in homes (primary prevention). 

·         Dr. M. Sami Khawaja, President of Quantec located in Portland Oregon, who is an expert on logic models and will offer training on the logic model, which is required with the lead grant. 

·         Paula Staley, Project Manager, from CDC will also be joining us to provide her expertise.  We will also have on hand a variety of organizations who have applied for this grant and can give valuable insight into the process.

·         Mary Ellen Burke from Housing and Urban Development (HUD).

Affordable Comfort Conference in Indianapolis on May 16 to 21, 2005

Indianapolis is privileged to host the national Affordable Comfort Conference on May 16 to 21, 2005.  It is an outstanding opportunity to learn how to make housing affordable, comfortable, safe and healthy. 

Registrants will be able to chose from 57 short courses and 96 sessions categorized in 18 tracks.  The information offered will range from Home Performance Business to Heating & Cooling to Weatherization, covering a broad spectrum of lessons from industry leaders in their field of expertise.

The official conference kick-off, being hosted by Indiana Community Action Association (INCAA) as well as the Indiana utility companies, will be held at the NCAA Hall of Champions.  Offering a picnic and ice cream social, this will be one of the chances to network while enjoying festivities.

Go to www.affordablecomfort.org for more information and to register.

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 Tom Neltner at mccabe@ikecoalition.org or at 317-442-3973 for details.  All meetings will be at the Environmental Management Institute, 5610 Crawfordsville Road, Suite 15.  We will try to coordinate the meetings with Indiana EPAC’s Housing Subcommittee meetings.

o        Tuesday, March 8 – 10:00 to 2:00

o        Tuesday, June 14 – 10:00 to 2:00

o        Tuesday, September 13 – 10:00 to 2:00

o        Tuesday, December 6 – 10:00 to 2:00

§         Indiana Lead Elimination Plan Advisory Committee in Indy.  The committee is charged with advising ISDH on the state’s implementation of the state lead elimination plan.  The meetings are held at HUD’s offices at 151 N. Delaware St., Suite 1200 and are open to the public.

o        Thursday, April 14 – 10:00 to 12:00

o        Thursday, July 14 – 10:00 to 12:00  

o        Thursday, October 13 – 10:00 to 12:00

§         Training

o        Free EPA & HUD-Approved Lead Safe Work Practices Course.  Contact Masimax at 866-232-5419 or on-line at www.leadsafetraining.org.  

§         South Bend on March 24 at the County-City Building, 8th floor, Health Department, 227 West Jefferson Blvd., South Bend, IN 46601.  Contact Kathleen Britton at KBRITTON@co.st-joseph.in.us or (574) 245-6763 for details.

o        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 – June 6 to 10

o        Lead Abatement Supervisor Initial – May 23 to 26

o        Lead Abatement Worker Initial – July 25 to 26

o        Lead Inspector / Risk Assessor Refresher – April 26 to 27

o        Lead Abatement Supervisor Refresher – April 28

o        Train the Trainer – HUD-Approved Lead-Safe Work Practices by the Environmental Management Institute on May 17 in Indy at the Affordable Comfort Conference.

§         Conferences

o        Environmental Health & Technologies Conference and the Lead and Healthy Homes Grantees Conference in New Orleans on April 4 to 7, 2005.  See www.leadmoldconferences.com.

o        National Affordable Comfort in Indianapolis on May 16 to 21, 2005.  See www.affordablecomfort.org.

o        Indiana Lead-Safe and Healthy Homes Conference in Indianapolis on November 8 and 9, 2005

Thanks for improving kids' environment!   If you have any questions or comments about this newsletter, IKE, or the Indiana Lead-Safe Task Force, contact Tom Neltner at mccabe@ikecoalition.org, 317-442-3973 or 5244 Carrollton Avenue, Indianapolis, IN  46202-3181.  If you need more information on national events, check out the Alliance Alert Newsletter at www.afhh.org and click on newsletter. 

IKE publishes two additional newsletters on a quarterly basis.  Contact Tom Neltner at mccabe@ikecoalition.org if you want to subscribe to either of those newsletters.

§          “Sewage in Our Streams” newsletter on behalf of the Indiana Clean Water Coalition.  .

§         “Improving Kids’ Environment” newsletter.  This newsletter deals with all issues and events in which IKE involved.