EPA Announces Any Lead Dust in Homes, Schools, and Daycares is Hazardous

Today, the Environmental Protection Agency (EPA) announced it would tighten its standards for lead in dust from deteriorating lead paint found in many homes, schools, and daycares. This final rule requires that if a lead risk assessor identifies any level of lead that can be measured by a recognized laboratory in a residence or childcare facility, it would be identified as a “lead hazard” — meaning that the presence of lead must be disclosed when the residence is sold or rented, and removal or abatement will be required in some housing subsidized by the Department of Housing and Urban Development, and where required by local law.

This science-based rule stems from lawsuits Earthjustice filed on behalf of community and environmental organizations, that sued EPA for failing to establish protective standards for those living in older housing and attending “child-occupied facilities,” such as schools for young children and daycares. Thirty years ago, Congress directed EPA to set lead hazard standards and clearance levels — now known as reportable levels and action levels — for lead-based paint, however, until now, the agency had consistently set standards that have been too lax to protect children and adults.

“This long-overdue action is a game-changer in the fight against lead exposure, a silent threat that endangers lives at even the smallest trace. Millions of children and families are still at risk in their own homes and childcare centers,” said Earthjustice Vice President of Healthy Communities Patrice Simms. “Earthjustice applauds the EPA for taking this bold action.”

Lead-based paint disintegrates over time and contaminates dust throughout homes or schools. Lead in soil around these buildings also leads to children’s exposure. Even in small amounts, lead can irreversibly cause diminished I.Q., learning disabilities, and impaired hearing in children. Research shows that living in older homes with lead-based paint is the leading cause of elevated blood lead levels in children, disproportionately affecting Black children. Adults are also harmed by lead exposure. Mounting research shows low-level lead exposure is linked to an increased risk of mortality and cardiovascular disease.

EPA estimates this rule will reduce the lead exposures of up to nearly 1.2 million people every year.

Earthjustice represents A Community Voice, California Communities Against Toxics, New Jersey Citizen Action, New York City Coalition to End Lead Poisoning, WE ACT for Environmental Justice, the Sierra Club, and United Parents Against Lead & Other Environmental Hazards.

Quotes from our clients:

“EPA’s decision to finally create a strong rule on lead dust is a pivotal moment in the fight against lead poisoning,” said Queen Zakia Shabazz, founder of United Parents Against Lead & Other Environmental Hazards. “By lowering the standard to any reportable level greater than zero, the agency is acknowledging the seriousness of this threat. This decision will spare countless children from the lifelong damage that my family and so many others have had to endure.”

“I am delighted to see that the EPA has adopted the new lead action level, sending the clear message that any level of lead exposure is a hazard to human health, “said Micaela Martinez, Ph.D., director of Environmental Health at WE ACT for Environmental Justice. “This is an example of the process working, when an agency updates their standards to reflect the latest science; and this is one step forward in having protective policies to address environmental injustice. Lead exposure disproportionately impacts communities of color, and we will continue to fight for stronger lead protections at the Federal and local level.”

“The EPA’s move to adopt a zero-tolerance policy on lead dust is a critical step forward in our work to protect communities from this invisible threat,” said Melinda Pierce, Sierra Club legislative director. “Lead has no place in our homes, schools, or daycares, and this rule is a necessary push to ensure safer environments for all children and families.”