ERIC ED339515: Lead Poisoning. Hearings before the Subcommittee on Health and the Environment of the Committee on Energy and Commerce. House of Representatives, One Hundred Second Congress, First Session (April 25 and July 26, 1991). Including H.R. 2840,

676 Pages·1991·9.8 MB·English

by  ERIC

DOCUMENT RESUME
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PS 020 128
TITLE
Lead Poisoning. Hearings before the Subcommittee on
Health and the Environment of the Committee on Energy
and Commerce. House of Representatives, One Hundred
Second Congress, First Session (April 25 and July 26,
1991). Including H.R. 2840, a Bill To Amend the
Public Health Service Act To Reduce Human Exposure to
Lead in Residences, Schools for Young Children, and
Day Care Centers, Including Exposure to Lead in
Drinking Water.
MSTITUTION
Congress of the U.S., Washington, DC. House Committee
on Energy and Commerce.
REPORT NO
ISBN-0-16-035696-2
PUB DATE
91
NOTE
676p.; Serial No. 102-28.
AVAILABLE FROM
U.S. Government Printing Office, Superintendent of
Documents, Congressional Sales Office, Washington, DC
20402 (Stock No. 552-070-113-13-4, $19.00).
PUB TYPE
Legal/Legislative/Regulatory Materials (090)
EDRS PRICE
MF04/PC28 Plus Postage.
Child Development; *Child Health; *Drinking Water;
DESCRIPTOR::
*Environmental Standards; Federal Regulation; *Lead
Poisoning; Pollution; Public Agencies; *Public
Health
IDENTIFIERS
Congress 102nd; *Paint; Public Health Service Act
ABSTRACT
On April 25, 1991, a hearing examined the problem of
lead poisoning and reviewed the actions taken by the Environmental
Protection Agency and other gencies to address the problem. Many of
those who gave testimony considered the actions to be inadequate. The
detrimental effects of lead on human health, and especially
children's health and development, were discussed. Paint and drinking
water were identified as major sources of lead in the environment. On
July 26, 1991, the subcommittee met again to hear testimony
concerning H.R. 2840, a bill to amend the Public Health Service Act
to reduce human exposure to lead in residences, schools for young
children, and day care centers. The text of the bill is included in
the document. During the course of the two hearings, testimony and
prepared statements were received from at least 26 individuals and
representatives of institutions and organizations concerned about
lead poisoning. (BC)
****************************************************X******.************
Reproductions supplied by EDRS are the best that can be made
from the original document.
***********************************************************************
LU. goemmTIMINT OF MOUDATION
Mice c Educetionel Resew* end Impromment
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
LEAD POISONING
0 Thrs document has been reproduced es
received horn the person or organization
ongsneting it.
)1IMmor chimps have been made to improve
HEARINGS
rwooducloon queldy
Poqits or wow or opinrona stated in thiedoctr
BEFORE THE
mint do not necessereir represent &boil
OERI posdion or PolicY
SUBCOMMITTEE ON
HEALTH AND THE ENVIRONMENT
OF THE
COMMITTEE ON
ENERGY AND COMMERCE
HOUSE OF .REPRESENTATIVES
ONE HUNDRED SECOND CONGRESS
FIRST SESSION
INCLUDING
H.R. 2840
A BILL TO AMEND THE PUBLIC HEALTH SERVICE ACT TO. REDUCE
HUMAN EXPOSURE TO LEAD IN RESIDENCES, SCHOOLS FOR YOUNG
CHILDREN, AND DAY CARE CENTERS, INCLUDING EXPOSURE TO
LEAD IN DRINKING WATER
APRIL 25 AND JULY
26, 1991
Serial No. 102-28
Printed for the use of the Committee on Energy and Commerce
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1991
47-0415=-.
I'm sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Off ice. Washingttm. DC 20402
ISBN 0-16-035696-2
2
BEST COPY AVAILABLE
COMMITTEE ON ENERGY AND COMMERCE
JOHN D. DINGELL, Michigan, Chairman
JAMES H. SCHEIJER, New York
NORMAN F. LENT, New York
HENRY A. WAXMAN, California
CARLOS J. MOORHEAD, California
PHILIP R. SHARP, Indiana
MATTHEW J. RINALDO, New Jersey
EDWARD J. MARKEY, Massachusetts
WILLIAM E. DANNEMEYER, California
SWWT, Washington
DON RITTER, Pennsylvania
CARDIN COLLINS, Illinois
THOMAS J. BLILEY, JR., Virginia
MIKE MAR, Oklahoma
JACK FIELDS, Texas
W.J. "BILLY" TAUZIN, Louisiana
MICHAEL G. OXLEY, Ohio
RON WYDEN, Oregon
MICHAEL BILIRAKIS, florida
RALPH M. HALL, Texas
DAN SCHAEFER, Colorado
DENNIS E. ECKART, Ohio
JOE BARTON, Texas
BILL RICHARDSON, New Mexico
SONNY CALLAHAN, Alabama
JIM SLATTERY, Kansas
ALEX McMILLAV, North Carolina
GERRY SIKORSKI, Minnesota
J. DENNIS HASTERT, Illinois
JOHN BRYANT, Texas
CLYDE C. HOLLOWAY, Louisiana
RICK BOUCHER, Virginia
FRED UPTON, Michigan
JIM COOPER, Tennessee
TERRY L BRUCE, Illinois
J. ROY ROWLAND, Georgia
THOMAS J. MANTON, New York
EDOLPHUS TOWNS, New York
C. THOMAS McMILLEN, Maryland
GERRY E. STUDDS, Massachusetts
PETER H. KOSTMAYER, Pennsylvania
RICHARD H. LEHMAN, California
CLAUDE HARRIS, Alabama
JOHN S. ORLANDO, Chief of Staff
JOHN M. CLOUGH, UR., Staff Director
MARGARET A. DURBIN, Minority Chief Counsel/Staff Director
SUBCOMMITTEE ON HEALTH AND THE ENVIRONMENT
HENRY A, WAXMAN, California, Chairman
GERRY SIKORSKI, Minnesota
WILLIAM E. DANNEMEYER, California
TERRY L. BRUCE, Illinois
THOMAS J. BLILEY, Ja., Virginia
J. ROY ROWLAND, Georgia
JACK FIELDS, Texas
EDOLPHUS TOWNS, New York
MICHAEL BILIRAKIS, Florida
GERRY E. STUDDS, Massachusetts
ALEX McMILLAN, North Carolina
PETER H. KOSTMAYER, Pennsylvania
J. DENNIS HASTERT, Illinois
JAMES H. SCHEUER, New York
CLYDE C. HOLLOWAY, Louisiana
MIKE SYNAR, Oklahoma
NORMAN F. LENT, New York
RON WYDEN, Oregon
(Ex Officio)
RALPH M. HALL, Texas
BILL RICHARDSON, New Mexico
JOHN BRYANT, Texas
JOHN D. DINGELL, Michigan
(Ex Officio)
KAREN NELSON, Staff Director
GREGORY S. WE1'9TONIS, COURBel
PHILUP BARNETT, Counsel
CHARLES INGEBRETSON, Minority Counsel
3
CONTENTS
Hearings held on:
Page
April 25, 1991
1
309
July 26, 1991
312
Text of H.R. 2840
Testimony of:
Fandel, June and Krystle, Roslindale, Mass
13
Fisher, Linda J., Assistant Administrator, Office of Pesticides and Toxic
Substances, Environmental Protection Agency
48
Florina, Karen, senior attorney, Environmental Defense Fund
203
Gloriod, Terry, chairman, Water Technology Committee, National Asso-
ciation of Water Cos
567
Gorman, Edward J., III, associate general counsel, United Brotherhood of
Carpenters and Joiners of America .
262, 493
Graef, John W., on behalf of American Academy of Pediatrics
9
Hanson, Douglas M., president, WaterTest Corporation of America
461
Hiscock, William, chief, program initiatives branch, Medicaid bureau,
Health Care Finance Administration
73
Houk, Vernon N., Assistant Surgeon General, Director, National Center
for Environmental Health and Injury Control, Centers for Disease Con-
trol .
22, 420
Jackson, Rudolph E., on behalf of Alliance to End Childhood Lead Poison-
,
510
ing
&mac Richard, on behalf of National Apartment Association
497
McMullen, L.D., chairman, legislative committee, Association of Metro-
politan Water Agencies
546
Needleman, Herbert L., professor of Psychiatry and pediatrics, University
of Pitthburgh School of Medicine
439
Olson, Erik D., counsel, environmental quality division, National Wildlife
Federation
287, 525
Packer, Joel, legislative specialist, National Education Association
175
Parrish, William F., Jr., on behalf of Association of State Drinking Water
Administrators
556
Prenney, Brad, director of childhood lead poisoning prevention program,
Massachusetts Department of Public Hea!th
78
r
Rafel, Vicki, volunteer, National Parent-Teacher Association
156
Ringen, Knut, executive director, Laborers' Health and Safety Fund of
North America
245
Rosen, John F., professor of pediatrics, Montifiore Medical Center, Albert
Einstein College of Medicine
74
Ryan, Don, executive director, Alliance to End Childhood Lead Poisoning
191
Silbergeld, Ellen K., senior scientist, Environmental Defense Fund .
130, 445
Silbergeld, Mark, director, Consumers Union
231
Stern, June, on behalf ;II National FAucation Association and the Nation-
al ParentTeacher issociation
475
Wennberg, Jeffrey, on behalf of National League of Cities
563
Wickser, James S., on behalf of Association of Metropolitan Water Agen-
cies
278
4
IV
Material submitted for the record by:
Page
American Supply Association, statement
586
Cardin, Hon. Benjamin, a Representative in Congress from the State of
Maryland, statement
583
Chicago, city of, statement
589
Coalition for Safe :.leramicware, statement
592
Environmental Protection Agency, statement
599
International Crystal Federation, letter to Mr. Waxman dated August 16,
1991, comment on section 5 of H.R. 2890
615
Laborers' Health and Safety Fund of North America, statement
621
National Association of Realtors, statement
641
National Food Processors Association, statement
659
Recyclers of Copper Alloy Products, statement
662
lat
LEAD POISONING
THURSDAY, APRIL 25, 1991
HOUSE OF REPRESENTATIVES,
COMMITTEE ON ENERGY AND COMMERCE,
SUBCOMMITTEE ON HEALTH AND THE ENVIRONMENT,
Washington, D.C.
The subcommittee met, pursuant to notice, at 10:20 a.m., in room
2123, Rayburn House Office Building, Hon. Henry A. Waxman
(chairman) presiding.
Mr. WAXMAN. The meeting of the subcommittee will come to
order.
I'd like to welcome everyone to this hearing today.
Today's hearing is our second focusing on indoor environment.
We will address a grave and pervasive health threat that is eating
away at this Nation's greatest resource, the minds of our children.
The threat is the potent neurotoxin lead. Millions of American
children are exposed to dangerous levels of lead in old paint and
contaminated drinking water and numerous other sources. Lead
poisoning is the most common and societally devastating environ-
mental disease of young children according to the Centers for Dis-
ease Control.
Even as we are engaged in a national debate over how to im-
prove education we are needlessly wasting the brainpower of our
youth. One American child in six is afflicted by blood levels high
enough to impair intellectual and neurological development. In
most cases these children are unwittingly poisoned in their own
homes by exposure to lead paint and-lead in drinking water.
This week health experts advising the Centers for Disease Con-
trol recommended that the threshold for lead poisoning be lowered
by 60 percent. This change increases dramatically the number of
children suffering from lead poisoning from 1 percent of the Na-
tion's children under the old standard to a staggering 15 percent
under the new standard.
There is human tragedy behind the numbing statistics on lead.
Childhood expoaure to lead can impair learning ability, retard tile
development of language skills, create serious behavioral disorders
and even stunt physical growth.
Studies indicate that children with high levels of lead are seven
times more likely to drop out of high school and six times more
likely to have learning disabilities.
Testimony today will describe a new and particularly insidious
aspect of this problem: the effects of lead on fetuges.
Fetuses can suffer lead poisoning as a result of the mother's ex-
posure to lead. A lifetime's worth of lead exposure is stored in the
(1)
f;
2
bones of adults. We now know that this lead can be released during
the pregnancy leading to miscarriages or retarded neurological de-
velopment in the fetus itself.
Lead paint is the source of many of the most serious
exposures.
It was outlawed for residential uses in 1978 but it's still in place in
over 50 million homes. EPA estimates that at this moment 2 mil-
lion children have been poisoned by lead paint.
A great deal can be done to reduce
exposure to lead paint. As
documented in the CDC report, the central step is abatement of
lead-based paint from older housing. We need testing and disclo-
sure requirements, better lead screening programs and worker
training and certification. The State of Massachusetts, which will
be testifying today, has adopted many of these
measures.
Unfortunately, the Environmental Protection Agency is not
taking these steps. Instead, it will spend just $4 million, less than
one-tenth of 1 percent of its budget to study lead paint issues fur-
ther.
The other major lead source is of course drinking water. The
con-
tamination of drinking water is the single most pervasive source of
lead exposure in this country, afflicting 30 million of the Nation's
children. The contamination comes from lead drinking water distri-
bution pipes and home plumbing and it is entirely avoidable.
EPA's failure to deal with this problem under the Safe Drinking
Water Act is a national disgrace. Fifteen years
ago the National
Academy of Sciences recommended that EPA cut in half the
per-
missible level of lead in drinking water. In 1986
a frustrated Con-
gress mandated that EPA revise the lead standard for drinking
water within 3 years but the Agency has continued to delay. Now
almost 2 years after the statutory deadline, EPA is at last under
court order to revise the lead standard by the end of this month,
within a few days of this hearing.
Incredibly, this action will be of little help and
may even make
matters worse. The Agency now intends to eliminate entirely the
tap water standard for lead. The Agency will replace the standard
with a treatment technique requirement. This
new regime leaves
us with no enforceable limit on the level of acceptable lead con-
tamination in drinking water. Children could legally be exposed to
lead levels even higher than the current standard.
Compounding the problem of lead exposure is the small
scope of
Federal programs for screening and treatment of lead poisoning in
children. In 1988 this committee recreated the Childhood Lead Poi-
soning Program at the Centers for Disease Control. That
program
has received the most nominal support for funding. Relatedly, the
President's budget for 1992 proposes doubling the current effort
to
$15 million, but even that effort will reach only two dozen of
the
worst sites, leaving most cities and States with no Federal funds.
Moreover, the Medicaid's program guaranteeing treatment
for
lead poisoning has been broken in most places in this
country.
Under current law, a State Medicaid
program must provide screen-
ing and care for lead: Any State that does not
may lose its Federal
matching payment. Unfortunately some States
are shortchanging
these programs and failing to treat lead poisoned children. Litiga-
tion has been necessary to correct these failings and meanwhile
3
children become disabled and the opportunity for prevention has
long passed.
We can't continue such negligence. The time has come for the
Federal government to change course and move aggressively to
eliminate lead contamination of drinking water, to initiate a pro-
gram to abate lead-based paint in homes and to broaden lead
screening and prevention programs.
This morning we have an excellent group of witnesses to provide
testimony on this problem and the need for such actions.
I want to welcome all of them and I want to thank everyone who
has come this morning to participate in this hearing.
Before calling on our witnesses, I do want to recognize members
of the subcommittee for their opening statements and call Mr. Dan-
nemeyer first.
Mr. DANNEMEYER. Thank you, Mr. Chairman.
I understand we're going to hear this morning from CDC on the
prospect of reducing the level of lead that would be tolerated in
terms of a standard that would be toxic to humans and I'll look for-
ward to that testimony.
I think it is also important as we go through a hearing of this
type that we focus on getting the science ahead of the plolitics. I am
not suggesting that politics is a part of this hearing but when we
look back on what we did with the amendments to the Clean Air
Act last year we found that the politics was far ahead of the sci-
ence in what we did with the problem of acid rain.
We also know that the Alar scare statistically speaking we citi-
zens have a greater risk of harm riding in an automobile to a gra
cery store to buy an apple than*e do eating an apple sprayed with
Alar. That's the science. That'inot the politics.
I am not attempting to minimize the significant adverse health
risk to humans from consuming lead. If the science says it's harm-
ful then we need standards. If the standards need to be lowered
and the science says that, and there is a consensus in the scientific
community to do that, then that is what we need to do because
nobody in this country wants to see any person, adult, child or oth-
erwise, harmed from the consumption of a product that many of us
believe is necessary, such as water or food.
I am a little saddened that no witnesses from industry have been
invited to come to this hearing this morning. I think that they
could have supplied some balance and hopefully at a future time
representatives from the industry that utilizes lead in our economy
will have an opportunity to come and testify.
I think it also would have been appropriate for a representative
of HUD to have been called to testify today. They maybe haveI
think they would have something to add because housing is an im-
portant element in the environment in which we live. If we are
going to be adypting or moving to a policy for instance suggesting
to the American public that the plumbing in their homes has to be
removed and replaced by another form or pipes so as to provide a
water source free of lead, I think it is important that the American
public understand what the risks are involved because that calls to
mind something I have learned in life. In the next world, whenever
that comes, if you believe in reincarnation, I've always said I
wanted to be a plumber and the reason I say th,..4c is because
4
plumbers have a way of really getting to we consumers when they
want to repair our houses.
Thank you very much, Mr. Chairman.
Mr. WAXMAN. Thank you very much, Mr. Dannemeyer.
You will be interested to know that the Association of Metropoli-
tan Water Agencies, which is the industry group, is going to be tes-
tifying on that last panel.
Mr. Richardson, I think you were here first among the three wit-
nesses. Is that not correct? Mr. Richardson, I would like to hear
from you in your opening statement.
Mr. RICHARDSON. Thank you, Mr. Chairman.
I would like to commend you for holding this hearing and focus-
ing on this important issue. Obviously, we have children at risk; we
have a need for a more proactive policy.
I especially want to commend Congressman Wyden and Con-
gressman Sikorski for their leadership on this issue, and my good
friend Jim Scheuer, who have been leaders in this area along with
you.
Mr. Ciairman, again, I thank you very much.
Mr. WAXMAN. Thank you, Mr. Richardson.
Mr. Sikorski.
Mr. SIKORSKI. Thank you, Mr. Chairman.
Lead has been identified by the American Academy of Pediatrics
as the most serious topological threat to America's children. That
is the science. That is the expertise.
Millions of America's young children suffer long-term neurologi-
cal and developmen:al disorders associated with high blood lead
levels. Pregnant women, unborn children, Mr. Dannemeyer, are at
special risk. Four hundred thousand babies are born each year
with high blood lead levels.
Lead poisoning is directly related to school failure, reading dis-
abilities, attention deficits, and hyperactivity. There is
a direct cor-
relation between lead poisoning and criminal activity and social
failure. This crippler of young minds and bodies rivals the prolif-
eration of mind-numbing drugs in our schools, but there is
no local
dealer to blame. You cannot just say no. We can blame only the
water fountains, the batteries, painted walls, and apathy.
So what is the Federal response? Well, we are forming all kinds
of cross-Agency task forces, interagency clusters, subcommittees,
and working groups on lead. The administration has held joint
press conferences and heralded its plans to deal with this terrible
threat. It has announced that the alphabet Agencies
are ready to
march. Strategic plans for the elimination of childhood lead poiEon-
ing, HHS; strategies for reducing lead exposures, EPA; plans for
abatement of lead paint, HUD. We're coordinating,
or caucusing,
strategizin*, planning, ruminating, researching, and considering.
The rhetoric has never, ever been better.
Unfortunately, the funding does not match the rhetoric. The rel-
atively minute commitment of resources is insufficient to deal with
4the magnitude of threat. The CDC concluded, "lead poisoning is the
most common and societally devastating environmental disease of
young children." This is the Centers for Disease Control, Mr. Dan-
nemeyer. "Lead poisoning is the most common and societally dev-
astating environmental disease of young children." Yet, the admin-
5
istration is only proposing very little to help States and schools and
cities to screen our children for lead.
This is somewhat personal to me. With the encouragement and
generous support of Chairman Waxman's subcommittee staff, and
the vigorous opposition of the administration, I authored the Lead
Contamination Control Act of 1988 to protect our kids, one of the
most vulnerable and easy to reach groups, by removing lead in
school drinking water and testing kids for elevated blood levels.
I am pleased the administration has finally recognized the prob-
lem of lead poisoning in our kids must be dealt with comprehen-
sively and stopped fighting us on the threat, it is continuing to
fight us on the contaminant levels. I am also pleased that the ele-
ments of the Lead Contamination Control Act have been incorpo-
rated in both HHS and EPA's strategic plans, I am disheartened
and a little angry at two things: the continued opposition by the
administration on the contaminant level, and this idea of develop-
ing a technique that will somehow deal with the threat; and
second, that the EPA has failed to effectively enforce the Contami-
nation Control Act of 1988. You do not have to believe me, just look
at the EPA IG's own assessment, not mine.
I do agree that the Contamination Control Act needs to be
strengthened. It would have been a lot stronger 3 years ago, and
since, if we had not had the opposition of the administration.
I intend to carefully review the testimony from the hearing, and
in the next few weeks I will introduce a tougher, expanded reau-
thorization of the Lead Contamination Control Act.
I want to thank you, Mr. Chairman, for your work on lead pre-
vention, and continued efforts and hard efforts and that of the ex-
cellent staff. I look forward to the testimony.
I just want to leave one thought, and I have to apologize for leav-
ing. I am flying back to Minnesota for a commitment there.
Most of us, if given the chance, would prefer that if there were
injury to our kids or ourselves, we would take it on ourselves. Most
of us, if given an opportunity, a choice between injury to our brain,
our mind, or our body, we would take it on our body. That sums up
the terrible nature of lead contamination. It threatens adults, but
it goes after the kids much worse. It cripples the body, but it really
goes after their mental development and their IQ's.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Sikorski follows:]
PREPARED STATEMENT OF HON. GERRY SIKGRSKI
Lead has been identified by the American Academy of Pediatrics, as the most se-
rious toxicological threat to America's children. Millions of America's young chil-
dren suffer long-term neurological and developmental disorders associated with high
blood lead levels. Pregnant women and unborn children are at special risk-400,000
babies are boen each year with high blood lead levels. Lead poisoning is directly re-
lated to school failure, reading disabilitie',, attention deficits, and hyperactivity.
There is a direct correlation between lead poisoning and criminal activity and
school failure. This crippler of youry; minds and bodies rivals the proliferation of
mind numbing drugs in our schools, ix.* there is no local dealer to blame: just water
fountains, batteries, and painted walla and apathy. And as we've seen from our
Children, Youth and Families hearing, we're not just talking about lead poisoning
affecting a few poor members of our society, the less educated and marginal stu-
dents. We're talking all Americans and we're talking American competitiveness.