"The new lead paint rule which is set to go into effect in April 2010 could hurt contractors, which is why NAHB held a meeting at the National Housing Center last week to discuss concerns about the rule with representatives of several remodeling-related trade associations. In fact, few subcontractors associated with home building and remodeling (including insulation and HVAC installers and others) are even aware of the Lead: Renovation Repair and Painting Rule that will govern remodeling activities in homes and child-occupied facilities built before 1978. Those who are aware of it may assume that it targets only professional remodelers, but this is not the case. In fact, it applies to any contractor who "disturbs" at least six square feet of painted surfaces on the inside of a home or 20 square feet on the outside. That means that contractors who install windows, insulation, home entertainment equipment or similar items in the target housing must become certified to do the work.

Another little-known fact: EPA estimates that 200,000 people will need to be certified by the April 22 deadline, yet the agency has so far approved only 97 firms to do the training. While the EPA has hired a public relations and marketing firm to create an awareness campaign for both industry professionals and the public, and the rule is set to take effect in five months, that campaign has not yet been initiated. Meanwhile, NAHB Remodelers have indicated that EPA's cost estimates for compliance, at $35 per job, don't come close to reality. One remodeler's budgeting worksheet estimates the training, materials, testing, cleanup and recordkeeping required under the rule adds up to $1,200 or more per job, not including costs for subcontractors to comply. And finally, one more unfortunate truth about the EPA's LRRP rule is that even as compliance training is underway, the EPA has released a proposed amendment to the rule that would add more requirements and costs to comply. Read more about the rule and these disturbing observations in last week's Nation's Building News Online, or send questions to MondayMorningQuestions@nahb.com."

Under TSCA (Toxic Substances Control Act), EPA (or a state, if this program has been delegated to it) may file an enforcement action against violators seeking penalties of up to $32,500 per violation, per day.  The proposed penalty in a given case will depend on many factors including the number, length and severity of the violations, the economic benefit obtained by the violator, and its ability to pay.  EPA has policies in place to ensure that penalties are calculated fairly. 

National Lead Information Center - 1-800-424-LEAD.

Click here for a list of Lead Renovator classes being held around the state.