Lead-Based Paint Poisoning Prevention:
Federal Mandates for Local Government

Linda-Jo Schierow
Specialist in Environmental Policy
Environment and Natural Resources Policy Division

Updated September 11, 1998

97-22 ENR

Background

Lead poisoning is the number one environmental health problem affecting children in the United States, according to the Administrator of the Centers for Disease Control and Prevention (CDC). CDC estimates that up to one-sixth of all children may have an unacceptably high level of lead in their blood, and 10,000 children are poisoned annually. The primary route of exposure to lead for these children is incidental ingestion of housedust containing lead-based paint (LBP) from deteriorated or abraded surfaces of walls, door jambs, and window sashes. It is not necessary for a child to eat paint chips to become poisoned: normal hand-to-mouth behavior in a lead-contaminated home can deliver enough lead to damage the developing nervous system of a child under the age of 7 years.

Most buildings constructed prior to 1978, when the lead content of interior paint was restricted to current levels, contain LBP. According to the Department of Housing and Urban Development (HUD), about 3.8 million homes in the United States are occupied by families with children under the age of 7 and have non-intact paint and/or excessive lead dust. More than half of these homes are occupied by low-income families. In low-income households in urban areas, 68% of the black children and 36% of white children are estimated to have blood-lead levels above the level of concern, resulting in learning disabilities, reduced intellectual ability, and other problems. Poor children are at special risk because inadequate nutrition increases lead absorption by the body.

Complete removal of LBP from the interior surfaces of a residence by qualified contractors provides the best protection for children. Removal, however, can be very costly, averaging $7,700 per dwelling when HUD procedures are followed. 1 Alternatively, risk can be reduced significantly by encapsulation of LBP (to immobilize it) for an average cost of $2,900 per unit. Other, less effective, interim measures to reduce exposure, such as painting over LBP with lead-free paint, cost about $200 per unit per year. Abatement of hazards also produces benefits: the avoided cost of medical treatment for lead poisoning is approximately $8,000 per child, according to CDC estimates, and the present time-discounted cost to society of a single lead-poisoned child with a relatively high exposure exceeds $40,000. 2

Federal Mandates

The Lead-Based Paint Poisoning Prevention Act, as amended, (LBPPPA, 42 USC 4822) is the basis for federal regulation of LBP hazards. It directs HUD to establish procedures to eliminate "as far as practicable" LBP hazards in all public housing and federally assisted, private homes constructed prior to 1978. The Act requires inspection of a random sample of dwellings and common areas in all public housing projects and in each dwelling of any public housing project in which at least one dwelling is determined to have LBP hazards. All public housing must be inspected in accord with the modernization schedule (for properties assisted under Section 14 of the U.S. Housing Act) or before December 6, 1994. HUD requires inspection of all intact and non-intact interior and exterior painted surfaces for LBP using an approved sampling or testing technique. Test results must be certified by a certified inspector or laboratory. Abatement of LBP hazards found in public housing is required, and occupants must be informed if test results equal or exceed the HUD standard. Alter abatement, a qualified inspector must inspect and certify the condition of the housing unit.

The federal government, acting through HUE), pays for the construction and renovation (including LBP detection and abatement) of public housing, using funds available through the Comprehensive Improvement Assistance Program to carry out the requirements of the LBPPPA. Public Housing Authorities (PHAs) administer public housing programs locally. Some PHAs are units of general local government. In such cases, local government may be responsible for implementing HUD's LBP testing and abatement regulations in public housing.

There are no federal mandates for local governments related to LBP in privately owned housing, but federal grants are available to governments that choose to establish LBP poisoning prevention programs. Available federal grant funds, however, do not cover the cost of inspecting and abating hazards in all homes where a child is present, which HUD estimates at $7.6-$9.9 billion per year for 10 years. Congress appropriated $60 million to HUD for LBP abatement grants in FY1998. Since FY1993, Congress has appropriated $535 million for this grant program.

References

1 This cost estimate by HUD does not include the cost of testing, estimated at $375, the cost of temporarily relocating families during abatement, or possible costs of disposal of hazardous waste.

2 This figure includes medical costs, special education costs, and lost future income for a child with 35 micrograms of lead per deciliter of blood.