WASHINGTON – Just weeks after introducing a nationwide deadline for the removal of lead pipes, the Biden administration is now implementing stringent new regulations on lead dust emanating from paint in older residences and childcare facilities.
A recent announcement by the Environmental Protection Agency revealed a definitive rule that establishes exceedingly low thresholds for lead dust on floors and window sills in homes and childcare centers built prior to 1978, the year lead paint was banned. The limits set by this rule are so minimal that they are undetectable.
Despite the ban on lead-based paint occurring 45 years ago, it is estimated that over 30 million American homes still retain it, including nearly 4 million occupied by children under the age of six. Lead paint has the potential to chip away when it deteriorates or is disrupted, particularly during renovation activities.
EPA Assistant Administrator Michal Freedhoff emphasized that “there is no safe level of lead,” and that this new rule is a significant step toward completely eliminating lead-based paint hazards affecting homes and childcare facilities. She expressed optimism that this will move the U.S. closer to eradicating these dangers.
The EPA predicts that this rule will help safeguard the health of up to 1.2 million individuals annually, with a particular focus on protecting between 178,000 to 326,000 children under six years old.
Lead is recognized as a neurotoxin that can inflict irreversible damage to brain development in children, resulting in lower IQ levels, behavioral issues, and long-lasting health repercussions. It also poses risks to other vital organs, including the liver and kidneys.
Slated to come into effect early next year, the new regulations specifically address lead dust levels generated from paint. The current hazardous levels are set at 10 micrograms per square foot for floors and 100 micrograms per square foot for window sills. The revised regulation will eliminate detectable lead altogether in both areas.
Moreover, the proposed regulations will adjust the acceptable lead levels for lead-abatement contractors concluding work on properties identified with lead-related issues. The new permissible levels will be set at 5 micrograms per square foot on floors and 40 micrograms per square foot for window sills.
Those engaged in lead abatement must be certified and adhere to stipulated work practices, with required testing afterward to confirm that dust-lead levels meet the new guidelines.
Experts in environmental justice and public health have expressed that these changes from the EPA are significantly overdue, particularly because lead poisoning disproportionately affects low-income communities and communities of color.
Peggy Shepard, co-founder and executive director of WE ACT for Environmental Justice based in New York, welcomed the new lead dust standard as a relief for families, particularly given the reality that no level of lead in a child’s blood is considered safe. She highlighted the alarming statistics showing black children in Harlem below the poverty line face twice the risk of lead poisoning compared to their white counterparts in similar conditions.
As part of a broader strategy to combat lead exposure, the U.S. has been gradually adjusting the blood lead level standards over the years, with the most recent modification made in 2021. However, the new EPA rule signifies a more proactive approach to address these hazards.
Dr. Philip Landrigan, a biology professor at Boston College and director of the school’s Program for Global Public Health and the Common Good, criticized the reliance on measuring blood lead levels in children as an indicator of environmental lead exposure, suggesting it puts children at undue risk.
Concerns have also been voiced by the National Child Care Association regarding potential financial impacts of these lead regulations on childcare centers, particularly those operating in low-income neighborhoods where buildings are often older. The group cautioned that without sufficient federal assistance, many small childcare centers might be forced to close.
In a related development, the federal Department of Housing and Urban Development has recently announced $420 million in grants aimed at eliminating lead hazards in homes, including those assisted by HUD. Ongoing grants from HUD will also be available for lead paint removal, as endorsed by the White House.