Indiana Lead-Safe & Healthy Homes Newsletter

June 2003 Edition

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.  We try to keep the newsletter to five pages.  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.  

VERSION IN WORD

Mark Your Calendars

•       We have scheduled Task Force meetings for the remainder of 2003.  We will meet in Indy at the Environmental Management Institute (EMI), 5610 Crawfordsville Road, Suite 15.  When the meetings are in Indy, we will continue to have the ISDH Advisory Task Force in the morning and these meetings in the afternoon.

o        Thursday, September 11 – 10:00 to 3:30

o        Thursday, December 11 – 10:00 to 3:30

•        June 23 to 27 – Indy.  Lead Inspector and Risk Assessor courses at EMI.  Contact Joan Ketterman at 800-488-8842.

•        August 5 – Indy.  IDEM will hold a workshop from 1:00 to 4:00 to review revisions to Indiana’s lead-based paint activities and lead licensing rules.  Contact Dave White at (317) 232-8219 or dwhite@dem.state.in.us for details.

•       August ?? – Indy.  Marion County Health Department will hold a two-day inspector / risk assessor refresher training for its staff.  Staff from other health departments will be able to participate for free.  Contact Dave McCormick at 317-221-2171 or dmccormi@hhcorp.org.

•       October 9 to 11 – Evansville.  The City of Evansville will be holding its 2003 Regional Neighborhood Network conference.  Contact 812-426-7823 for more information.

•       October 15 & 16 – 2003 Indiana Lead-Safe and Healthy Homes Conference.  By popular demand, we are expanding our focus to include more healthy homes topics.  The rates, schedule and format will stay the same as 2002.  Rebecca Morley, the new Director of the National Center for Healthy Housing, and John Hall, the director of HUD’s Indianapolis Office, will be the keynote speaker.  She is bringing new vibrancy and direction to the Center. 

Enforcement of Lead Disclosure Rules

•       Success by Indiana Legal Services:  Congratulations to John Brengle, Marcy Wenzler, and Indiana Legal Services!  In May, they reached an agreement for substantial compensation to a family when the landlord failed to follow the EPA Lead-Hazard Disclosure requirements. 

•       Operation LEAP:  Thanks to a grant from the Alliance to End Childhood Lead Poisoning, Improving Kids’ Environment is working aggressively to identify landlords that are not complying with the EPA Lead-Hazard Disclosure requirements.  IKE will meet with the landlords to remediate any lead hazards and get into compliance.  IKE will refer problem landlords to EPA or HUD for enforcement.   IKE also wants to work with health departments and housing agencies to confirm that landlords are disclosing the results of any risk assessments, inspections, or clearance examinations that may have been done on property.  If you know of landlords that have not been following the disclosure requirements, please contact Tom Neltner at mccabe@ikecoalition.org or 317-442-3973. 

CDC Grant to Indiana?

Despite a July 1 start date, CDC has not sent final word on Indiana’s grant for lead poisoning prevention.  ISDH requested $1.6 million from CDC.  Last year, Indiana (ISDH and MCHD) received $510,000.  Hopefully Indiana will receive more but with tight budgets at CDC, it is unlikely to be much more.  Thanks to ISDH and the five local health departments for pulling together a strong proposal.

Revisions to the Lead Licensing Rules – Effective 9/03

IDEM and the Air Pollution Control Board made the July 1, 2003 deadline set by HEA-1171.  On June 5, 2003, the Board adopted the rules unanimously after making a change requested by Improving Kids’ Environment and the Environmental Management Institute.  The rules should be effective in early September when the signing process is complete.  Contact Suzanne Whitmer at swhitmer@dem.state.in.us for a copy of the rule. 

The rulemaking is 69-pages long.  Here are the key features:

•       Adopts EPA’s definitions of lead hazards at 40 CFR 745 Subpart D with two exceptions

o        The definition of “dust lead hazard” – 40 ug/ft2 on the floor or 250 ug/ft2 on the interior window sills – also explains that the definition is based on the arithmetic mean and in a multi-family dwelling, the results in:

§         One residential unit apply to all unsampled units on the property; and

§         One common area apply to all common areas on the property.

o        The definition of “soil-lead hazard” requires the use of composite samples and states that removed soil shall:

§         Be replaced by soil with a lead concentration as close to local background as practicable but no greater than 400 ppm; and

§         Not be used as top soil at another residential property or facility occupied by children.

•      Updates other definitions such as:

o        “Deteriorated paint” to include paint that is chalking or otherwise damaged or separated from the substrate.

o        “Dripline” as the area within 3 feet of the perimeter of a building.

o        “Clearance examination” is an activity “establishing proper completion of interim controls” as those controls are defined by HUD.

•      Clearance Examiner License:  It creates a new license category of “Clearance Examiner” and requires the examiner to take an Indiana-approved course.  The course must have at least five training hours.  No third party examination required. 

•       Reciprocity:  Indiana makes it easier for a person licensed in another state to get licensed in Indiana.  If a person is licensed in another state but took a course from someone who did not get the course approved by Indiana, the person must take an Indiana-approved, two-hour rules awareness course within 12 months of applying for an Indiana license.  IDEM reserves the right to require an applicant to take an examination it offers.  Under the old rules, the person would have had to retake to convince the trainer to get the course approved or retake the initial training course.

•           Training Timing:  The initial or refresher training course must be taken within 12 months of applying for a license.  Also, there must be no more than 48 months between training course.  The six-month grace period for an expired license remains in the rule.

•            Abatement Contractors: The rule defines abatement contractor as a business entity not an individual.  An individual gets an abatement supervisors license while the business gets the abatement contractor’s license.  Also, the contractor only needs to list penalties the contractor has paid for noncompliance with contract specifications if the work involved lead-based paint activities.  Finally, the contractor is not required to have special lead insurance – standard comprehensive general liability insurance is sufficient.  For clarity, Indiana follows EPA’s definition of abatement.   

•           License Denial: IDEM is now given the authority to deny a license if the person or contractor violates any federal, state, or local lead-based paint regulation.  This authority includes the HUD rules and the state work practice requirements on non-abatement projects.

•           Fees:  The license fee is $150 for the three-year license.  Under the old rule, it was $150 per year for risk assessors, inspectors and supervisors.  Workers paid $50 per year.

•           Lead Inspections:  Property owners must disclose all information contained in the lead inspection report as required by 876 IAC 1-4-2 for residential sales.  In other words, the presence of lead-based paint must be identified as a “Hazardous Condition” under Part 3 of the form.  See http://www.in.gov/legislative/iac/t08760/a00010.wpd

•           Lead-Hazard Screen:  All surfaces with visibly deteriorated paint must be tested.  Composite dust wipe samples are still required.

•           Risk Assessment:  Any yard area where bare soil is present, even if not in a play area or dripline, must be sampled. 

•       Non-Abatement Work Practices:  The rule incorporates verbatim the requirements of HEA-1171.  Paint in target housing and child-occupied facilities built before 1960 is presumed to be lead-based paint.  The HUD deminimus and work practice prohibition applies to all pre-1960 target housing and child-occupied facilities – not just those homes covered by the HUD rule.  And exterior visible paint chips and painted debris must be cleaned up within 48 hours after completing surface activities. 

•       Renovation Disclosure:  Indiana adopted a variation of EPA’s residential property renovation rule at 40 CFR Part 745 Subpart E.  Except for a homeowner working on his or her own home, renovators must provide the owner and the occupant of all renovations in pre-1960 housing with the EPA “Protect Your Family From Lead in Your Home” pamphlet and get written confirmation from either the owner or the occupant that they received the pamphlet.  A Renovation is a modification of an existing structure that results in the disturbance of painted surfaces unless that activity is performed as part of a lead-abatement project.

Learning About the New Rules - August 5 Workshop

IDEM will be hosting a workshop on August 5 from 1:00 to 4:00 at the Indiana Government Center South to explain the revisions to the lead-licensing and lead-based paint activities rules.  Contact Dave White at (317) 232-8219 or dwhite@dem.state.in.us for details.

IDEM has also provided the Task Force courtesy of Wayne County Health Department with a $5000 mini-grant to develop and distribute flyers to:

1.                    Contractors,

2.                   Risk assessors and lead inspectors;

3.                   Supervisors and workers; and

4.                   Agencies that conduct housing code enforcement and issue building permits.

The new rules will explain the new rules and review the compliance requirements.  If you want to participate in the development or review of the flyers, please contact Tom Neltner at 317-442-3973 or mccabe@ikecoalition.org.  The flyers will be available at the Task Force’s September 11 meeting.

National Paint and Coatings Association and State Attorneys General Reach Agreement

In May, the NPCA and more than 46 State Attorney Generals and five counterparts in the District of Columbia and US territories reached an agreement on lead exposure warnings and education and training programs.  Indiana's Attorney General Steve Carter signed the agreement.  Contact Tom Neltner at mccabe@ikecoalition.org or at 317-442-3973 for a copy of the agreement. 

The agreement requires the following:

•       Warning Labels:  After 12-31-03, manufacturers of consumer paints (which do not have a current lead surface preparation label) must put the following statement on containers larger than 16 oz for non-aerosol or 24 oz for aerosol:

WARNING!  If you scrape, sand, or remove old paint, you may release lead dust.  LEAD IS TOXIC.  EXPOSURE TO LEAD DUST CAN CAUSE SERIOUS ILLNESS, SUCH AS BRAIN DAMAGE, ESPECIALLY IN CHILDREN.  PREGNANT WOMEN SHOULD ALSO AVOID EXPOSURE.  Wear a NIOSH-approved respirator to control lead exposure.  Clean up carefully with a HEPA vacuum and a wet mop.  Before you start, find out how to protect yourself and your family by contacting the National Lead Information Hotline at 1-800-424-LEAD or log on to www.epa/gov/lead.

[NOTE: for those manufacturers that have a current lead surface preparation label, they will need to incorporate the above warning by December 31, 2004.]

•       Sticker on Lid:  Between 9-30-03 and 4-30-05, manufacturers of consumer paints in containers larger than 16 oz for non-aerosol or 24 oz for aerosol must put a sticker (or lithographed warning) on top, plug or side of the container saying:

WARNING!  If you scrape, sand, or remove old paint, you may release lead dust.  LEAD IS TOXIC.  Contact the National Lead Information Hotline at 1-800-424-LEAD or log on to www.epa/gov/lead.

•      Point of Sale Information:  The Association and its paint manufacturer members will provide its retailers with the EPA "Keep It Clean:  The Homeowner Guide to Lead-Safe Painting and Home Improvement" brochure to make available to customers.

•      Training Programs:  Between 9-30-03 and 12-31-07, the Association will conduct a comprehensive training program for contractors undertaking renovation, repainting or remodeling work where lead-based paint may be encountered.  The training courses will be offered at no cost to participants in 50 different cities or regions, with 150 sessions each year for the next four years (600 total sessions).  On average 25 to 30 people are expected to attend each session.

•       Discount Equipment Program:  The Association will develop a program to provide training program attendees with manufacturer discounts on the sale or lease of HEPA vacuum cleaners and the purchase of NIOSH-approved respirators. 

•       On-line Retailer Educating Initiative:  The Association will develop an on-line training program for retail sales staff at stores owned by paint manufacturers as well as independent retailers of member's products. 

Compliance Hints

      Exterior Dust Wipe Samples:  According to 24 CFR 35.1340, if a HUD-funded project only involves exterior work, a dust wipe is not required.  The lead-dust hazard standards only apply in interior areas.  However, a clearance exam is still required – but no lead dust wipes need to be taken as part of the exterior clearance exam.   Please note that:

o        A visual assessment confirms that deteriorated paint surfaces and visible amounts of dust, debris, paint chips or other residue are not present.   The ground and any outdoor living areas close to the affected exterior painted surfaces must be assessed.  

o        Indiana Code 13-17-14-12 would require the cleanup of this debris on all pre-1960 target housing or child-occupied facilities when more than 20 square feet of exterior paint is disturbed whether covered by the HUD rule or not. 

o    Indiana’s revised licensing rules at 326 IAC 23-1-11 defines a porch floor as an exterior component.  Therefore, lead dust samples would not be required of an open porch.

IOSHA Enforcement of Lead Construction Rule

In response to a complaint filed by IKE, IOSHA issued a safety order against a large Central Indiana contractor for serious violations of the Lead Construction Rule – 29 CFR 1926.62.   IOSHA proposed an $800 penalty.   The contractor was remodeling an old school building.  IOSHA cited the contractor for:

• Leaving lead debris (containing 1.5% lead) on the ground after work was completed;

• Not cleaning up paint containing lead with a HEPA vacuum;

• Dry sweeping paint which was 1.5% lead; and

• Not communicating information concerning lead hazards to its employees.

HUD Grant Applications

Marion County Health Department was the only Indiana organization to apply for a HUD Healthy Homes or Lead Grant.  Applications were due June 11.  MCHD requested $650,000 for a Lead Outreach Grant in partnership with the Alliance to End Childhood Lead Poisoning.  The AFHH would receive $400,000 to promote the use of lead-safe work practices and lead dust testing in 10 high-risk cities.  MCHD would use the balance to develop intensive outreach effort to get contractors and landlords to routinely evaluate their work for lead-dust hazards.  Our fingers are crossed.

Anyone Out There??? 

Contact Tom Neltner at mccabe@ikecoalition.org or 317-442-3973 if you are interested.

•       CDBG Grants for Non-Entitlement Cities:  IKE is seeking to help local units of government that are willing to pursue a Community Development Block Grant from Indiana Housing Finance Authority to remediate lead hazards in homes that have poisoned children more than once or are likely to continue to poison children.  Up to $500,000 is available.  The grants are only available for owner- occupied homes and rental property outside of the “entitlement communities.”  Most of Indiana’s cities are entitlement communities.  The next filing deadline is in November.

•       General Public PowerPoint Presentation:  Does anyone have a PowerPoint presentation that is tailored to a 15-minute presentation that health department personnel might use for the general public.  The key is to have lots of visuals.  Ideas are welcome!

•        Prenatal Screening:  Is anyone in Indiana routinely screening pregnant women for lead?

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. 

This newsletter was produced with the assistance of IHFA through federal funds made available by IHFA under the National Affordable Housing Act of 1990, as amended, using HOME Investment Partnerships Program funds allocated by the U.S. Department of Housing and Urban Development.   Please let us know if you do not want to receive this newsletter.  You may get enough emails and faxes already.  We do not want to add to the burden if you are not interested in receiving the materials. 

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