Lead-based paint contamination in soil as a HAIL Activity in Canterbury

Rowan Freeman, CEnvP SC

Principal Science Advisor (Contaminated Sites) Environment Canterbury Regional Council

Rowan.freeman@ecan.govt.nzwww.ecan.govt.nzhttp://llur.ecan.govt.nz/Public/

Bodgen and Louria, 1975

Presentation Overview

• Background on lead-based paint use in NZ

• Human health issues associated with lead

• ECan’s observations and response to DSIs targeting lead-based paint

residues in soil

• ECan’s perspective – When do we pull the “HAIL card”?

• Difficulties facing regulators and possible solutions

Use of lead-based paints in New Zealand

Pigment & drying agent in paints (numerous formulations)

• PbCO3 & PbSO4 – (white pigment) up to mid-1960s

• PbCrO4 – (yellow pigment) Up to 1970s

• Red lead – (wood primer) Up to 1980s

• Ca2PbO4 – (iron roof coating) 1958 to Present

Source: NZ Ministry of Health (2013)

Lead-based paints contaminate soil

Old housing stock (lots in NZ!)

• General wear

• Renovation

• Demolitions

The problem with lead…

• Persistent1

• Damages human organs2

• Accumulates in bones and teeth3

• Causes neurological deficits and behavioural anomalies4

• Young children vulnerable! - no safe level in blood5

1(Barbafieri et al., 2017); 2(US. DoH and HS, 2007); 3(MoH, 2013); 4(Assi et al., 2016); 5 (Nezat et al., 2017; CDC, 2017)

I Eat Dirt!• Ingestion of contaminated

soil

• Children love dirt!

Ashrafzadeh et al., 2017; MfE, 2011; Misenheimer et al., 2018

Swanson & Monacelli, 2010; Johnson et al., 2016

Photo: https://brightside.me/

I Garden!• Exposure to contaminated

soil• Consumption of home

grown produce

(Bacigalupo & Hale, 2012)

Sources: https://sukiscoop.com (topleft); www.shutterstock.com (bottom left); www.pinterest.com (right)

I Breathe!• Inhalation of contaminated

dust while renovating

• Worth mentioning even

though soil is not the source!

(ATSDR, 2007)

Source: https://www.youtube.com/watch?v=eHYW-3qnyzc

Source: https://www.jlconline.com

Source: https://www.simplythenest.com

What we’ve observed in Canterbury?

DSIs are being done where there are no known HAIL activities:

• Based on the age and condition of structures

• Based on suspicion of historical lead-based paint use

But what’s the driver?

• Making a statement or raising awareness about health risks?

• Moral principles?

The Public’s ResponseWhy me?

What about my neighbour’s house?

Who’s going to pay for this?

What’s this going to do to

my property value?

I’ve lived here my whole life and I’m

not sick!

You’re singling me out!!!

Lead contamination is

everywhere!

If we get a DSI report that found contamination in soil where there is no HAIL

Environment Canterbury’s Response

HAIL category “I”! Any other land that has been subject to the

intentional or accidental release of a hazardous

substance in sufficient quantity that it could be a

risk to human health or the environment

MfE (2011)

• File and audit DSI reports

• Update land category on Listed Land Use Register

• We publish what we know!

Environment Canterbury’s response

What if suspicion of historical lead-based paint use qualified as a HAIL activity?

But first… Food for thought - What is a HAIL activity?

The Hazardous Activities and Industries List

(HAIL) is a compilation of activities and

industries that are considered likely to cause

land contamination resulting from hazardous

substance use, storage or disposal. MfE (2011)

`

Currently known HAIL Activities/1950s aerial photo Christchurch

Environment Canterbury Listed Land Use Register (2018)

Currently known HAIL Activities/1950s aerial photo Christchurch

Environment Canterbury Listed Land Use Register (2018)

Our Position1. Historical use of lead-based paint in and of itself - NOT HAIL

2. Suspicion of lead-based paint contaminated soil - NOT HAIL

Exception

If you do a DSI on non-HAIL land and report lead-based paint contamination

HAIL category “I”

The risk to human health is real

TAs are restricted by NESCS - No appropriate alternative

• No HAIL activity + NES not triggered = no action!

• HAIL activity + NES not triggered = no action!

• Many TAs are aware lead-based paints may have

contaminated soil

• Is it legal to ask for a PSI/DSI without backing from the

regulatory planning framework?

We need an intervention

Stop the hand-wringing – take action!!

• Ministry for the Environment

• Ministry of Health

• Regulators

• Industry

Possible solutions

There is no perfect solution but we can take positive steps:

• Public awareness campaigns (social media, DIY outlets, etc.)

• Team work (MfE, MoH, Industry and Regulators)

We need options that don’t make members of the public feel singled-

out…

Summary

• Lead-based paints historically widely used

• Lead persists in soil and harmful if it enters the body

• Regulators are limited in how they can respond

• Inclusion on land use registers is not a solution

• Doing nothing is not a solution!!