Indiana Lead-Safe & Healthy Homes Newsletter

March 2003

Improving Kids’ Environment (IKE) and the Indiana Lead-Safe Task Force publish this newsletter every other month 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.  For version in Word, click here.

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.   Two special administrative notes:

•       Note the change in e-mail address for Tom Neltner . It is now mccabe@ikecoalition.org

•       Normally this is a quarterly publication.  But with so much good news, we needed a special edition after one month.

Mark Your Calendars

•      We have tentatively scheduled Indiana Lead-Safe Task Force meetings for the remainder of 2003.  We discussed holding one or two of the meetings in the road – possibly Kokomo.  Please let me know.  Unless you hear differently, we will meet in Indy at the Environmental Management Institute, 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.

• Thursday, June 12

• Thursday, September 11

• Thursday, December 11

•       Tuesday, March 25 – Chicago.  “Prevention Moisture Problems in Buildings” workshop sponsored by US EPA, Region 5, in cooperation with University of Illinois from 8 to 5.  The cost is $35 for employees of government and public agencies and $75 for others.  Register at www.mehrc.org.  

•       Thursday, March 27 – Fort Wayne and Gary.  FREE Healthy Homes Satellite Videoconference sponsored by EPA will be held from 2:00 to 4:00 EST in two places in Indiana.  The videoconference covers lead, mold, asthma and integrated pest management.

•       Fort Wayne Purdue Extension Allen County Office, 4001 Crescent Ave.  Contact Tina Leatherman at 260-341-6690.

•       Indiana University Northwest in the Library Conference Center Room 110 at 35th and Adams from 1:00-3:00 CST Contact Sr. Annemarie Kampwerth at 219-397-4335

•       Saturday, May 3 – Indy.  Steve Ambro is coordinating a workshop called “Mold:  The Growing Threat to Real Estate.”  The workshop will be held at the Marten House – 1801 W. 86^th St..  Jeffrey May will be the featured speaker.  He is the author of "My House is killing Me!  The Home Guide for Families with Allergies and Asthma".  A $125 fee for the workshop includes lunch and a copy of the book.   Contact Steve Ambro or Don Osborne at 317-784-9892 for details.

•       May 13 to 16 – New Orleans.  The Indoor Environmental Health & Technologies Conference is an outgrowth of the National Lead Safe Housing and Indoor Environmental Health Conference, first held in 1996.  For information on the conference go to www.leadmoldconferences.com.  For scholarship information, call 1.800.590.6522 and ask for Kim Levi.

•       May 27 to 30 – Indy.  Lead Supervisor course at the Environmental Management Institute.  Contact Joan Ketterman at 800-488-8842.

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

•       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, will be the keynote speaker.  She is bringing new vibrancy and direction to the Center.  We also hope to get Lt. Governor Joe Kernan as the other keynote speaker.

Revising the Licensing Rules – The Home Stretch  

The Air Pollution Control Board unanimously adopted IDEM’s proposed revisions to Indiana’s lead-based paint rules.  The rulemaking is needed to conform to the mandates in HEA-1171.  To its credit, IDEM took the opportunity to refine the rule across the board to address issues that have come up.  Improving Kids’ Environment testified in support of the rule.  The rule needs some tweaking but it is outstanding overall.  A major issue, consumer fraud, is not addressed.  It arises when home inspectors claim to do lead inspections when they do not.  IDEM accommodated these concerns as best it could given its statutory authority. 

For a copy of IDEM’s Response to Comments click here.  It is 15 pages long and provides helpful insights into the rule and the decisions IDEM made. 

The preliminarily adopted rule will be published in the April 1 Indiana Register for a final 21-day comment period.  Comments must be submitted by fax, mail or in person to IDEM by April 22.  The final rule should be presented to the Board at its June 4 meeting in Indy.  Thanks to Dave White, Suzanne Whitmer and the rest of the IDEM gang. 

Compliance Hints:

Four issues have come up that may help you comply with the lead-based paint rules and to protect children from lead poisoning.

•       Is paint deteriorated if it is attached to wood but the paint around it has flaked off?  No. According to 326 IAC 23-1-17, paint must be damaged or separated from the substrate to be “deteriorated.”  If the loose paint is removed, the underlying problem fixed, and the area repainted, it is not a deteriorated paint surface.  Indiana’s rules are being revised to make this point clearer by adopting HUD’s definition of “deteriorated paint.”  See 24 CFR 35.110.

•       Does a “lead hazard screen” have to be written up as a formal report?  Yes.  According to 326 IAC 23-4-3, the risk assessor shall prepare a “lead hazard screen report”.  326 IAC 23-4-13 requires the risk assessor give this report to the building owner who contracted for the services.  The report should be completed within 60 calendar days.  I recommend that you also give it to the resident.

•       Does a landlord have to give clearance examination reports to a new tenant?  Yes.  40 CFR 745.107(a)(2) requires that the lessor shall disclose to the lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased.  The lessor shall also disclose any additional hazards available concerning the known lead-based paint and/or lead-based paint hazards.  A clearance examination – whether positive or negative – meets this definition.  So does a lead hazard screen report.  All reports must be shared – there is no expiration date.

•       Can a homeowner dry sand paint in a home built in 1955 using a high-efficiency particulate air filter? Yes unless:

•       An individual other than the owner or a member of the owner’s immediate family is present when the work is being done;

•       A child who is six years of age or younger resides in the building and has been identified as having an elevated blood lead level. 

 In addition, the sander can be used if:

•       A lead inspection report completed by a licensed lead inspector or risk assessor states that the paint is not lead-based paint; or

•       The work disturbs less than 20 square feet of exterior paint; two square feet of interior paint in an one room; or 10% of the combined interior and exterior painted surface area of components of the building. 

See IC 13-17-14-12 for details.  

IDEM Mini-Grants

Three organizations submitted applications for a lead-based paint mini-grant from IDEM.  The grants are for no more than $5000.  $50,000 is available.  I am aware of two grants that would have a statewide impact. 

•       Marion County Health Department is asking for funds to offer a special Lead Inspector and Lead Risk Assessor Refresher training that would be open to all risk assessors from health departments in Indiana.  Hopefully, this grant will be approved since it would be helpful to have a refresher that is focused on the special needs of health department staff.  Thanks to Dave McCormick!

•       Wayne County Health Department submitted an application on behalf of the Indiana Lead-Safe Task Force.  The grant would help educate persons impacted by the changes in Indiana’s lead-based paint rules found at 326 IAC 23 so they can comply with the new requirements most effectively and efficiently.  The rules will impact licensed and potential abatement contractors, risk assessors, lead inspectors, lead supervisors as well as their employers, clients and the occupants of property in which they perform lead-based paint activities.  Given the current state budget, this effort would help IDEM get the word out on the new rules.  Thanks to Lynn Brown and Eric Coulter!

Medicaid

Dr. John Ellis, Tom Neltner and Dave McCormick met with Secretary Hamilton of FSSA on behalf of the Task Force to discuss Medicaid screening and case management/environmental investigation reimbursement.  Family and Social Service Administration manages Indiana’s Medicaid program.  Tracy Brunner and Elizabeth San Miquel of FSSA represented Indiana’s Medicaid program.    It was a productive meeting

•       Screening Rates: Tracy and Elizabeth will investigate the option of providing an incentive for reporting and include blood lead screening performance requirements to the managed care organization contracts.  It would occur in the next round of contract revisions – due in 2005.

•       Reimbursement for Case Management and Environmental Investigations:  Secretary Hamilton said wants to make a final decision on this issue soon.  Tracy and Elizabeth will meet with Medicaid Director, Melanie Bella, to identify the options and select a person to lead the effort to resolve the issues. 
  
  With the current crunch in Medicaid, new state Medicaid dollars are not an option.  However, we noted that several local health departments may be able to put up the state match to leverage federal Medicaid dollars.  Marion, Allen, and Elkhart counties would be able to participate since they are Medicaid providers.  Others may be able provide the match.
   
  There was a consensus that we at least need to make this reimbursement to state and local health departments happen where the match was possible. Tracy and Elizabeth were tasked with finding out how to make it happen.  The key issues to be addressed are:

•       Must the local health department be a Medicaid provider or can agreements be reached that ISDH serve as a go between?  Putting ISDH in the middle was a sticking point before.

•       How do we work through the equal access issue?  Is it enough that lead poisoning prevention is a narrow specialty that local health departments are already required to perform?

•       What is the role of the Managed Care Organization?   Do they need to approve the billing?  Does it come out of the capitation rate or is this a non-capitation service?  Since there are only a few MCOs, this may be a difficult but manageable issue.

Adult Blood Lead Evaluation System (ABLES) Legislation – SB-367

Hats off to Senator Miller.  The Indiana State Chamber of Commerce and Indiana Manufacturers Association were opposed to her bill – SB-367 – if it said that labs needed to report an adult’s employers or industry.  Apparently, if ISDH knows that the adult works in a particular industry such as construction or metals refining, the Chamber believes it would somehow cause problems for employers. 

Senator Miller offered an amendment that pulled the employer/industry identification requirement but still required labs to report blood lead test results for adults to ISDH.   The twist is that an existing clause authorized ISDH to require reporting of any “information that is required to be included to qualify to receive federal funding.”  See IC 16-41-39.4-3(1)(E).   The employer or industry identification is required to qualify for an ABLES grant from CDC.  As passed by the Senate, ISDH could require the information. 

The bill also requires ISDH to publish a report summarizing the number of adults and the number of children diagnosed with lead poisoning in each county.  The report is due at the end of 2003 and 2004.  For more information on the legislation, click here.  The next step is to get Rep. Charlie Brown of Gary to hear the bill in his committee.  Let me know if you need more information.

CDC Grant:

ISDH is working feverishly to complete its CDC grant application by the March 24 deadline.  By CDC mandate, ISDH will focus – but not exclusively – on five cities:  South Bend, Fort Wayne, Indianapolis, Gary (plus East Chicago and Hammond) and Evansville.  ISDH is seeking letters of support.  Please contact Nancy Cobb at Ncobb@isdh.state.in.us if you want to help the cause.

The State and each city will be required to establish an Advisory Committee with broad representation – including housing agencies – to develop a Lead Poisoning Elimination Plan.  A key step in this plan is to define what is meant by elimination.  Apparently, CDC is a bit vague on that point.  Stay tuned! 

Licensing Home Inspectors- HB-1515

Rep. Peggy Welch’s HB-1515 passed 78 to 17.  The bill sets up a licensing program for home inspectors.  Unlike 25 other states, Indiana does not require licensing for home inspectors although some cities such as Evansville do.

I am working with Rep. Welch to amend the bill so home inspector’s reports make it clear that the report does not address environmental hazards including but not limited to lead-based paint, radon, asbestos, cockroaches, rodents, pesticides, treated lumber, mold, mercury, or carbon monoxide. 

No word on which committee will hear the bill in the Senate.  If you support licensing of home inspectors, now is the time to speak up.  Without hearing from you, the Senate may not hear the bill.  For more information on the legislation, click here.

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.  You can also get on the “leadnet” listserver operated by the Alliance.  Send an email to “Leadnet-on@mail-list.com” to get on the Alliance’s listserve.

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.  This newsletter deals with issues and events that directly relate to sewer overflows, sewer management and septic systems.

•        “Improving Kids’ Environment” newsletter.  This newsletter deals with all issues and events IKE is involved in.  To avoid duplication, topics dealt with in this newsletter or the “Sewage in Our Streams” newsletter are only briefly mentioned.