"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.
NEW UPDATE - Posted 7/29/10:
The Environmental Protection Agency (EPA) requires all contractors to take additional precautions when renovating houses (including the installation of heating equipment) where children could be exposed to lead dust from old paint. The EPA rule requires contractors to use "lead-safe" practices when working on homes, day-care centers and schools built before 1978, the year lead paint was banned for residential use because of health risks. After hearing from VFDA and other organizations representing the building and trades industry, the EPA has announced it will delay enforcement until September 10, 2010. The delay allows contractors to sign up for training by September 30, however training must be completed by December 31, 2010. Violators could face a fine of up to $37,000 for noncompliance. The EPA says lead poisoning is still a major health problem, effecting 300,000 children in 2009.
Frequent Questions on EPA's June 18, 2010 Implementation Guidance for the Renovation, Repair & Painting Rule.
National Lead Information Center - 1-800-424-LEAD.
Click here for a list of Lead Renovator classes being held around the state.
Click here for information on Essential Maintenance Practices (EMP) and here for the 2009 EMP Manual. If you need to take an EMP class - click here for the list of classes.
