Children’s Environmental Health Issues in Indiana

April 2004 Edition

Children’s environmental health is a complex issue involving many threats, many agencies, and many perspectives. Getting a handle on the big picture is a challenge. 

The Children’s Environmental Health Network (CEHN) took on this challenge and developed a report card on the federal effort to protect children from environmental threats. CEHN released a report card on April 5 evaluating the work of the federal government between 2001 and 2004. The report card looked at 16 individual categories, including air quality, water quality, lead, and mercury, to which it gave the federal government’s actions and efforts a numerical score. These scores were then converted into letter grades, which were averaged into a final grade.

You can find the results at www.cehn.org/cehn/reportcard2004.html. If you are more interested in politics than kids, skip the website. CEHN gives the Bush Administration a final grade of F. But for those who are more interested in improving children’s environmental health, go to the website and drill past the score for each category. Go to the issues used to develop the overall score. See the opportunities realized or missed. Get a sense of the challenges. Grasp the bigger picture.

Thanks to CEHN for developing the report card!

The Indiana Joint Asthma Council (INJAC) is on track to finalize its plan to reduce asthma in Indiana. The plan should be published in September 2004. The five committees assigned to develop specific recommendations are working feverishly to meet the deadlines. IKE’s Tom Neltner serves on the Council and on the Environmental Quality Committee. Dr. Ritchie of Indiana University chairs the Environmental Quality Committee. Under her leadership with strong support from IDEM, the committee has developed significant draft recommendations for outdoor air, housing, child-care, schools and workplaces. Contact Tom Neltner at 317-442-3973 or mccabe@ikecoalition.org for more information. The effort has great promise and tremendous potential. Stay tuned!

At INJAC’s March 11 meeting, ISDH and Indiana University’s Dr. Downs presented their draft assessment of "The Burden of Asthma in Indiana." It is an outstanding report making sense of data from the various databases available. ISDH will post the presentation and report on-line at www.in.gov/isdh by April 19.

According to the national Behavioral Risk Factor Surveillance System (BRFSS), 11.3% of Hoosiers have had asthma in their lifetime and 7.5% currently have it. Those rates are the same or slightly better than the national averages of 11.8% lifetime and 7.5% currently. Among adjacent states, for those who currently have asthma, Indiana appears to be slightly worse than Illinois (7.1%) and Ohio (7.3%) but much better than Wisconsin (8.4%), Michigan (8.8%), and Kentucky (9.5%). Kentucky was third worst in the country – right behind Puerto Rico and Maine.

The BRFSS also indicated the following:

• Male children and female adults are more likely to currently have asthma.

• Hispanic whites had the lowest rates with 5.6%.

• Non-hispanic whites have a rate of 7.1%.

• Non-hispanic blacks had a rate of 12.2%.

• Non-hispanics who indicated multiple races had the highest rate with 13.5%.

Based on Hoosier Healthwise (Indiana’s Medicaid and Children’s Health Insurance Programs) claims, depending on the definition of asthma, rates vary as follows:

• Overall 5.7% to 8.8%

• Children Less Than One Year Old 2.3% to 4.1%

• Children Between One and Eighteen 4.4% to 7.6%

• Adults 8.3% to 11.4%

Hospitalizations for asthma in Indiana dropped from 9,958 cases in 1997 to 8174 cases in 2001. Asthma mortality dropped from 110 deaths in 1997 to 63 in 2001.

In Resolution #23 adopted in March 2004, the Indiana Senate called upon:

• IDEM to ensure that faculty, staff, students and parents are promptly notified when potentially dangerous contaminants are found in drinking water at their school; and

• The Environmental Quality Service Council to consider the issue and provide more specific guidance to IDEM during its 2004 deliberations.

The resolution was authored by Senator Gard and coauthored by Senators Landske and Hershman. It was prompted by a public school in northwest Indiana that failed to notify parents when methyl tert butyl ether (MTBE) was found in drinking water. MTBE was a gasoline additive that has contaminated groundwater across the country. The Indiana Parent Teachers Association with the support of IKE and the Sierra Club spoke in support of the resolution. Go to www.in.gov/legislative/ or click here for a direct link information.

At the request of the Henry County Health Department, IKE’s Tom Neltner served as mediator/consultant to evaluate the situation at New Castle’s Sunnyside Elementary School. The school has an unusual situation where each classroom has its own furnace. The furnaces were over 25 years old. The school was closed after a teacher collapsed and students exhibited the symptoms of carbon monoxide poisoning. While carbon monoxide was detected at various times in the air, the levels did not exceed recommended indoor or outdoor air quality standards.

About 100 parents, staff and faculty as well as school leadership attended the three-hour session. Keeping the kids’ best interests in mind, the school district replaced all of the furnaces and found cracks in 11 of the 13 units. IKE congratulates the school superintendent, facilities manager, staff and concerned parents who worked through the issues to a reasonable resolution. Click here for a copy of the IKE’s report.

INJAC’s Environmental Quality Committee is planning to work with ISDH to revise its Indiana School House Rule. The rule was last revised in 1985 and does not reflect current practices needed to protect children from asthma triggers. One key issue is flat roofs. The committee will push for requirements that ensure a school that uses a flat roof also accepts the added maintenance responsibilities associated with the flat roof to identify potential problems and keep the moisture out. The Committee is planning to meet with key stakeholders that represent schools in coming months. For more information, contact committee chair Ingrid Ritchie, at iritchie@iupui.edu.

• In March 2003, IKE published a guide to help parents and teachers constructively respond to health concerns at the school. Go to www.ikecoalition.org/documents/Healthy_Schools_Guidance.doc. 

• Indiana schools are not allowed to use mercury for instructional purposes except in extraordinary circumstances.

IKE publishes the Indiana Lead-Safe and Healthy Homes Newsletter on a quarterly basis. Check out the March 2004 edition or got to www.ikecoalition.org/publications.htm.  The topics include:

• Indiana and Marion County proposed Lead Elimination Plans;

• Marion County considers rental housing quality code;

• ISDH releases preliminary lead poisoning statistics for 2003;

• Evansville neighborhood proposed to be a Superfund site because of lead;

• Richmond landlord fined by EPA for $34,100;

• IDEM offers mini-grants; and

• Wayne Township Trustee in Allen County checks emergency housing for lead hazards.

As of April 5, 2004, 53 child care providers in Indiana are participating in IDEM’s 5-star environmental recognition program. 42 of the providers received the maximum of five-stars. After a strong start with 30 centers in 1999, enrollments have begun to wane. There were only eight new provider sin 2003. Go to www.in.gov/idem/kids/5star/index.html to find a participating provider near you.

ISDH published its draft Lead Elimination Plan on March 19. ISDH plans to "establish pilot program for home daycare facilities in which funding is provided for lead control and weatherization" by the end of 2005. Marion County published its local counterpart and set as an objective to be achieved by 2010 that:

• 80% of licensed or registered child care facilities built before 1960 are checked for lead hazards; and

• Where lead hazards are found the facilities have had a lead-based paint inspection to identify where the lead-based paint is located.

Al Fournier at Purdue continues to educate both pest control operators and child care providers about Indiana’s integrated pest management and Indiana’s Model Pest Control Policy for Child Care Facilities. He developed a helpful PowerPoint presentation and posted it on-line. With Al’s support in February 2004, Dave Scott at the Office of Indiana State Chemist sent a letter and a copy of the Model Pest Control Policy for Indiana Child Care Facilities to pest control operators most likely to be providing services to the centers. He is also integrating pest control into the orientation curriculum for child care staff. Contact Al at fournier@purdue.edu or check out his website at www.entm.purdue.edu/schoolipm/ and click on "Child Care IPM".

Healthy Stores

On March 16, IKE published its "Inept But At Your Service: Can Your Trust Your Hardware Store?" Report. From September 2003 to March 2004, Improving Kids’ Environment staff made 45 visits to 39 retail hardware stores serving Indianapolis posing as customers. IKE’s goal was to assess how "kid friendly" the stores were based on the advice provided about lead safety and pesticides and the products sold. Go to www.ikecoalition.org/stores for a copy of the report.

Based on IKE’s criteria and analysis of seven key indicators, the stores had an overall average score of 29%. The five major chains serving Indianapolis had an overall score as follows:

• Lowes                 39%

• Home Depot        39%

• Ace                     26%

• Menards              22%

• Do-It-Best           17%

The results of the are disturbing. They reflect a broad lack of basic knowledge on the part of store clerks and a careless disregard for the health and safety of the store’s customers – whether a contractor or a do-it-yourselfer.

80% of the paint department clerks recommended dry sanding to remove paint on a door to a kids’ room in a house built in the 1920s. Anyone following the advice would likely create lead dust that could poison a child. Children who are lead poisoned can be permanently brain-damaged possibly leading to learning disorders, lower IQ levels, attention deficit disorders, and violent behavior. Adults doing the work would be at serious risk of lead poisoning as well. A contractor following the advice would commit a Class D felony in Indiana.

Even when asked explicitly whether lead-based paint might be a problem, 53% of the clerks continued to give dangerous advice. Overall, they were so poorly trained that some appeared to be reading the lead hazard warning information and guidance for the first time after being prompted by questions from IKE staff. Many advised IKE to ignore the paint can’s lead warning label. Only one clerk seemed to understand the danger posed by lead dust.

Even if a customer knew about lead hazards and was seeking more information or supplies to manage the lead-based paint safely, they would have little luck. No store had basic reference information on lead-safe painting, maintenance or renovation practices on hand. While the larger stores stocked most of the relevant supplies, the supplies were difficult to find and selection poor.

Marion County Health Department (MCHD) is forming a task force of stakeholders and store managers to identify solutions to the problem of bad advice that may result in a lead poisoned child. Thanks to Dr. Caine and Dave McCormick of MCHD for their ongoing commitment to improving kids’ environment. Contact Dave McCormick at 317-221-2171 or dmccormi@hhcorp.org for more information.

The problem was not limited to the paint department. Customers seeking a pesticide to kill cockroaches would fare little better. 95% of the pesticide department clerks violated Indiana law when they helped IKE select a pesticide to kill cockroaches. 74% of the time the clerks advised the customer to use toxic sprays and foggers to kill cockroaches. While legal to use, these products are less effective and more dangerous to kids than boric acid, enclosed baits or gels. In some cases, the clerks advised using a pesticide in violation of federal pesticide laws. While the potential health effects of a pesticide depend on the type of pesticide and the nature of the exposure, the dangers cannot – and must not – be ignored especially with pesticides that are put into the air.

Under the leadership of Senators Gard and Miller and with the support of ISDH, the Indiana General Assembly has adopted legislation in each of the past three years to improve Indiana cancer and birth problems registry. 2004 was no exception. The General Assembly unanimously adopted SEA-188. For a copy go to www.in.gov/legislative/ or click here for a direct link.

School 21 sits on a slight ridge just northwest of the coke ovens from Citizen’s Gas and Coke Company. The coke ovens produce coke for steels and iron making and gas to be burned at a nearby power plant. In response to complaints from the school and neighbors, IDEM and the City of Indianapolis have taken 24-hour composite air samples every three days since November 2000. With EPA’s financial and technical support, IDEM and the City of Indianapolis installed a continuous gas chromatograph that provides hourly data on key organics. For the results of the sampling go to www.state.in.us/idem/air/toxwatch/data/index.html#marion. IDEM and the City are also taking a few samples of polynuclear aromatic hydrocarbons.

The monitors show high levels of benzene when the coke plant is upwind and those levels vary dramatically. While the levels of monitored organic chemicals are usually high enough to raise concerns about a risk of cancer for a lifetime of exposure, sometimes the levels of the combined pollutants raise concerns about short-term health effects.

IDEM and the City have formed a stakeholder group to provide guidance on the project. The group includes representatives from EPA, Marion County Health Department, Citizens Gas and Coke Company, the coke plant’s union, and the neighborhood. IKE’s Dick Van Frank serves as a public interest representative.

The goal of the stakeholder group is to recommend and take action on risk reduction strategies based on the results of a risk characterization study. If the results of the risk characterization study indicate a greater than one in a million excess life-time cancer risk for all pollutants studied from an individual source category or greater than 0.2 non-cancer hazard index, the stakeholder group will recommend risk reduction strategies considering technical, economic, and regulatory feasibility, and potential economic impact. The risk characterization study and the one in a million trigger level for action are not requirements but provide a mechanism to assess risk reduction strategies.

IDEM and the City are not yet prepared to conclude that the coke plant is the source of the benzene. However, IDEM has taken the proactive step of contracting with a expert to audit the facility to identify opportunities for air emission reductions. Concurrently, the City has published a draft Title V air pollution operating permit and plans on a public hearing in May 2004 before issuing the permit. The plant is operating under an agreed order based on violations of it existing air permit and has had a numerous violations over the past several years not covered by the agreed order.

The discussions have been difficult but the stakeholders have stuck with it. Reaching a consensus on the specific language has been even more challenging. The jury is still out whether this public participation process can be considered a success.

On April 9, Indianapolis’ Marion County Health and Hospital decided to close its medical waste incinerator effective April 30. The incinerator had been in operation for about ten years. It burned medical waste from Wishard Hospital as well as other healthcare facilities in the region. The hospital is located west of downtown Indianapolis in the middle of low-income neighborhoods.

The decision came after the incinerator failed two stack tests for dioxin and furans and attempts to repair it had failed. The dioxin levels were more than two and half times the limit in the facilities Title V Air Pollution Operating Permit. The City of Indianapolis was pressuring the facility to comply and had issued a notice of violation. IKE’s Dick Van Frank was monitoring the facility closely and tracking its compliance with its new Title V permit. To its credit, Wishard officials recognized that the incinerator manufactured by Simond Manufacturing Corporation was unlikely to meet the permit limits and made the tough – and costly decision – to ship the medical waste offsite.

The decision demonstrates the benefits of the Title V air operating permit program. Instead of the vague conditions in previous air permits and the prolonged negotiations that accompany compliance problems, the Title V permit laid of a clear process to conduct stack tests and respond to failures. The clarity allowed IKE to more effectively track the compliance and the City’s and the facilities responses. In addition, the annual compliance certification by the permit holder helped focus on management on the compliance problems.

After four years of work, IDEM and the Air Pollution Control Board adopted an emissions reporting rule. The Indiana General Assembly responding to complaints about the reporting burden held up the rule for one year. The final rule is a modest rule that is dramatically weaker than the proposed rule, especially when it comes to hazardous air pollutants. However, 326 IAC 2-6-5 is significant. It authorizes IDEM to request emissions and emissions-related information about any regulated air pollutant from any source permitted by the department when needed for air quality planning, air quality modeling, or state implementation plan development. A source that receives an information request is required to provide the information based on reasonable estimates and using data available to the preparers in writing to the department within sixty days of receipt of the department’s request. A source may request additional time to submit the information. Types of circumstances when the department may request information include the following to:

• To identify sources or processes that emit a monitored pollutant;

• To address public complaints;

• To develop and quality assure emissions inventories, as necessary, for permit modeling, state implementation plan development, rulemaking, or perform air risk analysis;

• To survey industry wide sources or geographic specific areas to address potential health risks;

• To assess pollutants for a single industry source;

• To comply with an information request from a local, state, or federal agency; and

• To verify or supplement Emergency Planning and Community Right-to-Know Act Section 313 toxic release inventory information.

Go to www.in.gov/legislative/register/April-1-2004.html or click here for a copy of the rule.

Just in time for the mosquito season, Indiana finalized its rule that requires employees of municipalities to be trained to use the pesticides they apply to control adult and larval mosquitoes. The rule applies to community-wide mosquito abatement - the use of pesticides to control mosquitoes on publicly accessible property. The municipality must have someone with a Category 8 (the mosquito category) commercial applicator’s license and the licensed person must directly supervise employees making the application. Certified applicators must attend twelve hours of continuing education in order to keep their certification up to date. For a copy of the rule, go to www.in.gov/legislative or click here.

After receiving objections from the Indiana Association of Cities and Towns, the Indiana Pesticide Review Board has asked its committee to reconsider the draft model policy on public notification of mosquito abatement. A meeting was held on April 9 to discuss the issue of voluntary notification and what, if any, steps the Board should take on the matter. Under Indiana law, the Indiana Pesticide Review Board cannot mandate public notification. Fort Wayne – Allen County Health Department continues to be the leader in effective public notice.

Mercury has been found in virtually all fish in Indiana. While much of that mercury comes from the air, some is from wastewater discharges. Indiana’s regulations require that permitted dischargers that have reasonable potential to exceed Indiana’s stringent standards for mercury get a mercury limit in their permit. However, it appears that no dischargers can consistently meet the limit, even biological treatment plants that remove more than 99% of the mercury. For the past year, an IDEM Workgroup has been crafting a rule that would streamline the process for these dischargers to obtain a variance without compromising the steps they need to take to reduce mercury in their discharge. The goal has been to get tangible action to ensure reasonable further progress. You can track the workgroups work at www.in.gov/idem/rules/progress/water/wpcb03130/index.html. 

IKE’s Tom Neltner serves on the workgroup. It has been a productive process to date under the leadership of IDEM’s Steve Roush and Paula Smith. With the workgroup’s support, IDEM intends to publish a draft rule in the June 1, 2004 Indiana Register.

On November 2003, IDEM released its tally of the largest sources of mercury to the air. Go to www.in.gov/idem/air or click here. The report identifies the 40 sources that emitted mercury in 1997 at more than 50 pounds per year for which EPA has published emission factors. Nine of the 40 sources were hospitals burning medical waste containing mercury. Thanks to EPA regulations adopted in the 1990s, these sources have dramatically reduced their mercury emissions.

Twenty-one of the top 40 sources were power plants burning coal. Mercury is a contaminant in the coal. EPA estimates that nationally coal-fired utilities burn 75 tons a year of mercury in the coal. Of that total, 45 to 48 tons of mercury is emitted to the air – 40% is captured. The utilities are planning additional air pollution controls needed to comply with sulfur dioxide and nitrogen oxides limits that will reduce the mercury emissions to 34 tons per year by 2010. These reductions would not be uniform at all plants – some facilities would have less control than others of the mercury emissions.

The question is whether the federal government will require additional controls targeted to remove mercury. EPA has proposed a national goal that of 34 tons in mercury reductions by 2010 and 15 tons by 2018. Additional controls would be needed to reach the 15 tons per year target. The industry maintains that the technology to achieve those levels or more has not been demonstrated on coal-fired boilers and that a national approach that addresses all pollutants at once is needed. The environmental community believes that the technology has been demonstrated on similar units and is feasible. IKE believes that more can and must be done sooner to protect to our fish – and ultimately children – from mercury. For more information on mercury in the air, go to www.in.gov/idem/mercury/air/index.html.

Mercury fever thermometers can only be sold at a pharmacy in Indiana and must be kept behind the counter. If you see a mercury fever thermometer, contact Tom Neltner at 317-442-3973 or neltner@ikecoaltion.org. For more information on Indiana’s restrictions on mercury products see www.in.gov/idem/mercury/rules/index.html.

In November 2003, EPA established the National Pollution Prevention & Toxics Advisory Committee to provide advice, information and recommendations on the overall policy and operation of programs managed by EPA’s Office of Pollution Prevention and Toxics (OPPT), in performing its duties and responsibilities under the Toxics Substances Control Act (TSCA) and the Pollution Prevention Act (PPA). The Committee provides a forum for public discussion and the development of independent advice to the EPA Administrator by taking advantage of the experience, strengths and responsibilities of a broad range of Agency constituents and stakeholders. In addition, Federal Agency representatives or national experts will serve as technical advisors to the NPPTAC. For more information on NPPTAC, see www.epa.gov/oppt/npptac/. 

EPA appointed IKE’s Tom Neltner to the NPPTAC. He serves as a co-chair of the Broader Issues / Existing Chemicals Workgroup that addresses the broader issues related to TSCA and existing chemical management, especially chemicals of widespread concern such as mercury, lead, asbestos and polychlorinated biphenyls. He also serves on the High Production Volume Chemicals Workgroup with provides guidance to EPA on its initiative to gather and publish basic chemical hazard information on organic chemicals produced in quantities of more than a million pounds a year.

IKE publishes the Indiana Sewage in Our Streams Newsletter on behalf of the Indiana Clean Waters Coalition.    Check out the April 2004 edition or go to www.ikecoalition.org/publications.htm.  Topics include:

• Sanitary Sewer Overflows and Bypasses – Almost 2000 Events in 2003

• Serious Problems at Hanover and Milan

• Combined Sewer Overflow (CSO) Long Term Control Plan Status

• Public Notice Now Required for CSOs

• Indy’s Early Action Projects – Good Progress and Plans for Much More

• CSO Regulatory Options / E.coli Rulemaking

• Berne’s Notice of Intent to File a Citizen Suit Mooted by New Mayor

• On-Site Sewage Permits in Allen County

• General Assembly Blocks ISDH Septic System Rule

• Concentrated Animal Feeding Operations Rulemaking Finalized

• General Assembly Makes Minor Fixes to CAFO Law

• Still Waiting on IDEM for Individual Permits for Worst CAFOs

• IDEM Acts Strongly on CAFO Enforcement

From May 1999 to September 2003, Improving Kids’ Environment functioned as a "project" of the Environmental Management Institute. EMI served as IKE’s fiscal host and corporate sponsor. In September 2003, IKE became a stand-alone corporation with EMI still serving as IKE’s fiscal host. IKE is at the final stages of obtaining a 501(c)(3), tax-exempt non-profit status with the Internal Revenue Service. As part of that process, Dick Van Frank agreed to serve as the first President of Improving Kids’ Environment, Inc..

Dick Van Frank has donated hundreds of hours to IKE’s mission since 1999. We are glad that he has agreed to serve as IKE’s President. Tom Neltner will continue to serve as IKE’s Executive Director. Linda Smeltzer, Julia Taylor, and January Jones will continue to serve as critical contractors. EMI will still serve as IKE’s fiscal host.

Indiana’s environmental community lost two leaders in the past six months. In November 2003, Jane Dustin died unexpectedly. Jane, along with her husband Tom, were compelling advocates for water quality in Indiana, including their beloved Cedar Creek – an outstanding state resource water that ran past their home north of Fort Wayne. IKE’s Tom Neltner relied heavily on Jane for advice and guidance. She has been sorely missed.

In March, Steve Loeschner took his own life. Steve also lived in Fort Wayne. As a long-time libertarian and Republican, Steve provided critical commentary on a wide-range of environmental issues, with an emphasis on air quality. His brilliance and often controversial insights challenged government, industry and even activists to more and act more strategically in protecting public health. We miss Steve.

Indiana’s network of environmental activists has long been stretched thin – too thin to meet the need or public expectations. Now we have critical gaps that must be filled if we are to continue in our efforts to ensure Hoosiers are represented in state and local policy-making to protect public health and the environment.

On April 23, 2004, IKE will receive the Cultural Vision Award from NUVO Newspaper. NUVO is a weekly publication in Indianapolis that provides progressive commentary and news. The award acknowledges IKE’s role in protecting children and improving the quality of life in Indianapolis and Indiana. IKE thanks NUVO for the recognition. For more information on NUVO, go to www.nuvo.net.