Despite the best efforts of ISDH, subcommittee chairs and others, there just was not enough time for the Indiana Lead Elimination Plan Advisory Committee (EPAC) to make a decision on the Lead Elimination Plan to allow ISDH to meet CDC’s March 19 deadline. CDC required a copy of the draft Lead Elimination Plan to be included in ISDH’s March 19 grant application. The plan must be finalized before June 2004. Developing a consensus among such a broad range of stakeholders with such varied expertise takes time.

On March 8, the Indiana EPAC met to discuss recommendations for activities to be completed by July 1, 2005 developed by the various subcommittees.

• Housing and Environmental Subcommittee presented 32 recommendations. Several of the recommendations were rewritten and approved by the committee. EPAC gave guidance for revising several others. It did not get 24 of the recommendations due to time constraints. IKE’s Tom Neltner expressed opposition to several of the recommendations as they were written.
• Screening and Surveillance Subcommittee offered five objectives. EPAC did not have time to consider them.
• Medical Subcommittee offered seven recommendations with two targeted for completion in 2005. EPAC did not have time to consider them.
• The Resources Subcommittee did not present recommendations.

At the meeting, ISDH also presented a framework for the plan’s goals and objectives. Without a chance to review it before the meeting, EPAC provided limited feedback and tabled the discussion for the next meeting.

Because of time constraints and its inability to approve more than a few recommendations or the framework, EPAC advised ISDH to proceed with its draft plan doing its best to draw from the discussions and documents. 

On March 18, ISDH published the plan.  It consists of four documents. 

·                     Logic Model (ppt format)

·                     Long-Term Goals

·                     Draft Plan

·                     Draft Activities for 2005

Contact Nancy Cobb at (317) 234-2273 or ncobb@isdh.state.in.us for more information about the plan.

IKE has not yet reviewed the plan.  It reportedly includes a funding increase to Allen County, St. Joseph County, Hammond and Gary from $27,000 to $75,000 a year. Marion County would not receive additional funding beyond the $210,000 it currently receives.

IKE congratulates EPAC’s members and its subcommittees for the work done so far.  Additional meetings for EPAC and its subcommittees have not been scheduled as of March 16, 2004.

HUD’s Super Notice of Funding Availability announcement is due any time. The SuperNOFA provides opportunities for funding for projects to reduce lead hazards in housing or to promote healthy homes. The details are unknown but Indianapolis and Fort Wayne should be eligible for a special opportunity for larger cities. Applications will probably be due in June. Contact Tom Neltner at 317-442-3973 or mccabe@ikecoalition.org if you need help considering options or developing a proposal.

Gary and Karen Cowin of Richmond were assessed a fine of $34,100 for violating the federal lead hazard disclosure rules. The lease was missing six required elements. The fine for each element ranged from $1,100 to the maximum of $11,000. The landlords responded to a letter from EPA by claiming an inability to pay a penalty. But they failed to respond to a July 9 letter asking from specific financial documents that the landlords agreed to provide.  Contact Tom Neltner at mccabe@ikecoalition.org for a copy of the complaint against the Cowins.

On March 13, Nicole Gaunt of Fort Wayne – Allen County Health Department and Tom Neltner of IKE made a presentation to the staff of Allen County’s Wayne Township Trustees Office. The trustee and staff realized that they have a critical role in preventing lead poisoning. They agreed to use LeadCheck® swabs to check property they inspect before approving it for emergency housing. The plan is to report positive results to the landlord for future disclosure and for the landlord to have the hazards reduced. Thanks to Al Stoller, Matt Schomburg and Wilford Allen for their leadership, the trustee’s clients will have be able to avoid lead hazards. Leadership in action. Hopefully other trustees will follow Wayne Township’s lead.

IKE and the Citizen’s Healthy Home Initiative have developed a Rental Housing Quality Code for Marion County. IKE is now working with other organization to build support for the proposal. In essence, the proposal moves Indianapolis to a more proactive system. Instead of reacting to tenant complaints or a lead poisoned child, the proposed code would require landlords to self-certify compliance with existing quality requirements and to share a brochure with tenants describing the landlord’s and tenant’s responsibilities to make the home safe and healthy. Landlords who fail to self-certify or have ongoing code compliance problems would need an inspection. The goal is to prevent the problems by making sure the parties know their rights and responsibilities and follow the law. Click here for the draft ordinance and supporting fact sheet.

On March 18, IKE published a report identifying serious problems regarding pesticides and lead-based paint hazards at the five major hardware store chains serving Indianapolis. The report is titled "Inept But At Your Service: Can You Trust Your Hardware Store?" Go to www.ikecoalition.org/stores/2004_Store_Report for a copy. Based on seven indicators, the five chains had the following scores with 100 being the best.

• Lowes                 39
• Home Depot        39
• Ace                     26
• Menards             22
• Do-It-Best          17

IKE’s staff made 45 visits and reached all 39 retail stores it could find. 80% of the clerks advised IKE’s staff to dry sand brittle paint on an old wood door in an old home. When asked about lead-based paint hazards, 53% of the clerks continued to recommend sanding. Few clerks had any idea of lead-safe work practices. When asked about the new warning label on the lid of a paint can, one clerk said "Ignore the warnings. That is just a CYA move by the industry."

95% of the clerks violated the state pesticide laws by providing selection and use advice without the required warning sign – and probably the required training. 74% of the clerks provided advice that was not the safest for kids.

On October 21, 2003, IDEM notified a Fort Wayne landlord that its inspector identified a violation of Indiana’s lead-based paint rule – lead paint chips and debris were left on the ground more than 48 hours after completing renovation work. A child was lead poisoned in the home. IDEM ordered the landlord to clean-up all visible lead-based paint chips or painted debris from soil, pavement and other horizontal surfaces surrounding the home within two days of receiving the letter.

In letter received by IDEM on December 3, 2003, the landlord notified IDEM that the loose chips and debris in the soil was cleaned up with a shop-vac. The pavement was swept and pressure-washed.

On February 26, 2004 IDEM inspected the property and found visible paint chip debris. The inspector notified the landlord the next day. The landlord said that he would cleanup the site on February 27, 2004. IKE’s Tom Neltner visited the home on March 13 and the debris had not been cleaned up.

The lead poisoned child continues to live there because the family does not have the resources to move. No word from IDEM when it will require the clean-up, whether it will require testing of the soil for contamination, why an abatement contractor was not used, whether the landlord will be fined, and whether a shop-vac is allowed to be used for contaminated soil cleanup. HUD is investigating the landlord’s repeated failure to follow the federal lead hazard disclosure rules.

Last Fall, IDEM requested copies of risk assessments from Indiana’s licensed risk assessors. The Environmental Management Institute published its evaluation of the reports from 70 individuals. EMI will send the report to all risk assessors.  Click here for the report.  Contact Joan Ketterman at 800-488-8842 or Joan.Ketterman@envtlmgmt.org for details.

The biggest problem was that many reports claimed to be risk assessments but were not because they were for a narrower purpose such as a weatherization evaluation. Collecting samples does not necessarily make the process a risk assessment. Just be sure to label the service as something else. Here are the other significant errors:

• 48% did not include required soil samples.
• 33% did not include required dust samples.
• 75% did not include abatement options.
• Virtually all reports did not prioritize options.
• 90% did not include assessment on severity of lead-based paint hazards.
• 50% did not establish a monitoring schedule.
• 46% did not include the date of construction.

Here are the statistics on other required information that was missing.

• 5% missed name of owner.
• 11% missed address of owner.
• 60% missed telephone number of owner.
• 25% missed risk assessor’s signature.
• 5% missed risk assessor’s license number.
• 5% missed name, address and phone number of risk assessor’s firm.
• 10% did not include lab information.
• 55% missed XRF serial number.
• 4 report collected samples and had no lab/XRF info at all.
• 5% missed date of assessment.
• 50% missed background information.
• Almost all missed the specific location of tested painted component.
• 20% missed location and type of lead-based paint hazards.
• 25% missed results of visual inspections.

IDEM intends to use this information to improve compliance with its lead-based paint activities rule.

The 2003 Indiana General Assembly directed ISDH to publish a county-by-county summary of the number of children and adults diagnosed with lead poisoning in 2003. The report was due on December 31, 2003 and ISDH met the deadline with a preliminary report. Congratulations! It is tough to issue a report for 2003 on the last day of the year. ISDH is working overtime to enter the remaining lab results. As a result, the number of lab samples taken will be low making a calculated lead poisoning rates will be high. Contact Tom Neltner at mccabe@ikecoalition.org for a copy of the report.

• Lead Poisoned Children Six Years of Age or Younger – 35087 samples taken

• Lead Poisoned Children Age 7 to 15 (Greater than 25 ug/dL)

• Lead Poisoned Adults Age 16 and Older (Greater than 25 ug/dL)

Mark your calendar now for the 4^th Annual Indiana Lead-Safe and Healthy Homes Conference. We will hold the event at the Marten House on Indianapolis’ Northeast Side. The rates will be the same as the past two years. Please let Tom Neltner – mccabe@ikecoalition.org - know if you have ideas for speakers or topics or want to get involved in helping make the conference a success.