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FOR IMMEDIATE RELEASE
August 26, 2009

CONTACT:
Patrick MacRoy
Alliance for Healthy Homes
202-347-7610 x14
pmacroy@afhh.org

EPA Settlement Addresses Egregious Shortcomings; Additional Protections Still Necessary

Washington, DC – The Alliance for Healthy Homes praised the settlement between the United States Environmental Protection Agency and public interest petitioners announced this morning over the lead in renovation rule as a positive step forward, while calling on the EPA and states to adopt additional safeguards.

“This morning’s announcement obligates EPA to address many of the most egregious shortcomings of the Bush administration’s rule,” stated Alliance for Healthy Homes Executive Director, Patrick MacRoy. “We applaud the efforts of our allies at the Sierra Club, Northern Manhattan Improvement Corporation, New York City Coalition to End Lead Poisoning, New York Public Interest Research Group, Make the Road New York, and Center for Environmental Health as well as Linda Kite to hold EPA accountable.”

The settlement agreement requires EPA to propose eliminating an owner-occupied housing exemption that would have allowed dangerous practices merely because no pregnant women or children occupied the property on the day of the renovation. Also, EPA plans to require contractors to reveal to the owner and occupants what work practices were followed during the renovation job and the results of all lead tests. These requirements will help ensure renovation activities do not leave leaded dust behind to poison children.

Advocates especially celebrate the requirement that EPA propose additional rules in 2010 requiring contractors to sample for lead dust after conducting some of the jobs that are most risky because they stir up large amounts of dust. This scientifically based sampling and laboratory analysis offers a vast improvement over the regulation’s current procedure for all renovation projects, passing a wet cloth over an area after visually assessing whether there’s any debris. “It’s nice to finally welcome science back to federal rulemaking,” said MacRoy.

The testing proposal may open a new loophole, however: contactors may be required to perform dust tests, but need not actually pass the test after some jobs. Instead they could be allowed to create a lead hazard, document its existence, and then walk away without eliminating the hazard.

“Despite the best efforts of the public interest petitioners to convince them otherwise, EPA remained steadfast in its compromise allowing contractors to leave poisonous lead dust behind,” noted MacRoy. “This is bad news for homeowners who may face large clean-up bills or lengthy legal disputes after a contractor refuses to clean up his mess and address the hazards identified. Tenants, who typically aren’t the ones hiring renovators, will find themselves being told of hazardous levels of lead dust in their apartments and may then face a battle with their landlord to get it cleaned up.”

To address this issue, the Alliance for Healthy Homes will join other health, housing, and tenant advocates in demanding the EPA adopt more stringent clearance requirements when the rule is proposed next year. Additionally, the Alliance encourages and stands ready to help states to create additional requirements to ensure contractors continue cleaning after a job until lead levels in dust are below safe levels.

“Fortunately states will be able to require what EPA did not: actual compliance with dust standards,” added MacRoy. “In some states the presence of a lead hazard is already illegal. This means that when a contractor performs the dust test required by the EPA, the property owner will have to ensure any hazards identified are eliminated. We will work with state and local advocates to ensure additional states prohibit contractors and property owners from walking away from lead hazards.”

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The Alliance for Healthy Homes is the national, nonprofit public interest organization advocating for practical, affordable policy solutions and working to build community capacity to prevent housing-related hazards from harming the health of children, their families, and other residents. The Alliance stresses the importance of fixing housing-related health hazards before they cause harm; housing that is decent, environmentally safe, and affordable for all; and holistic strategies that efficiently address multiple hazards and their underlying causes. The Alliance works closely with policy makers, community-based organizations, housing providers, government agencies, and other stakeholders. The Alliance provides strategic and technical support to community-based organizations and state and local agencies across the nation.