Opt-out Provision taken out of the RRP final Rule.

The EPA has removed the Opt-out provision in the Renovation, Repair, and Painting Program. 

A press release dated April 23, 2010 announced "A final rule to apply lead-safe work practices to all pre-1978 homes, effectively closing an exemption that was created in 2008. The rule will become effective 60 days after publication in the Federal Register."


The original RRP rule published in the Federal Register on April 22, 2008 included an opt-out provision that would:

"exempt a renovation firm from the training and work practice requirements of the rule when the firm obtains a certification from the owner of a residence he or she occupies that no child under age 6 or pregnant women resides in the home and the home is not a child-occupied facility.  Unless the target housing meets the definition of a child-occupied facility, if an owner-occupant signed a statement that no child under age 6 and no pregnant wom(e)n reside there and an acknowledment that the renovation firm will not be required to use the lead-safe work practices contained in EPA's RRP rule, the renovation activity is not subject to the training, certification, and work practice requirements of the rule.  . . . "

Why remove the opt-out provision?


Because of the Opt-out provision and certain aspects of the recordkeeping and reporting requirements of the final rule published in 2008, several environmental and childrens health advocacy groups filed petitions with the Circuit Court of Appeals for the District of Columbia Circuit.  "On  August 24, 2009, EPA signed an agreement with the environmental and children's health advocacy groups in settlement of their petitions.  In this agreement EPA committed to propose several changes to the RRP rule, including the changes . . .  regarding the opt-out provision and recordkeeping requirements."
 
After reviewing the arguments presented in the petitions the EPA has determined that the benefits of eliminating the provision is worth the costs associated with the change.  In the Prepublication Copy Notice the EPA gives the following benefit:
 
"The benefits of the rule result from the prevention of adverse health effects attributable to lead exposure from renovations in pre-1978 buildings. These health effects include impaired cognitive function in children and several illnesses in children and adults, such as increased adverse cardiovascular outcomes (including increased blood pressure, increased incidence of hypertension, cardiovascular morbidity, and mortality) and decreased kidney function.

Removing the opt-out provision will protect children under the age of 6 who visit a friend, relative, or caregiver’s house where a renovation would have been performed under the opt-out provision; children who move into such housing when their family purchases it after such a renovation would have been performed; and children who live in a property adjacent to housing where renovation would have been performed under the opt-out provision. Removing the opt-out provision will also protect individuals age 6 and older who live in houses that would have been renovated under the opt-out provision; who move into such housing; and who live in adjacent properties."

To read more about this rule use the following link:

http://www.epa.gov/lead/pubs/LRRP%20Opt-out_FRM_PrepublicationCopy_2010-04-22.pdf

EPA Campaign

The following anouncement was made on the EPA website:  "April 20, 2010 -- EPA joined with the Coalition to End Childhood Lead Poisoning, the U.S. Department of Housing and Urban Development and the Ad Council to sponsor a public service announcement advertising campaign to raise awareness of the dangers of lead poisoning to children. The ads, in English and Spanish, urge viewers to visit the campaign Website and hotline 1-800-424-LEAD to learn more. Read the press release."  See the press release by the Ad Council here:  http://multivu.prnewswire.com/mnr/adcouncil/43516/

What are contractors saying about the new EPA rules?  How will they affect the cost of remodeling projects?  Use the following links to find out.

From the Reporteronline - Serving North Penn Pennsylvania - Lead-paint regulations a cause for concern for contractors By Bradley Schlegel
From NBC Connecticut - New Lead Paint Rules Could Hike Renovation Prices by Amy Parker
From Tulsa World -Contractors scramble to get training mandated by new lead paint rules by Robert Evatt

I am a certified company. What now?

Since I am now an EPA certified firm as well as a certified renovator let me give you a little perspective of the dilema I now face. 

When I received my certificate  from the EPA in the mail I went to the EPA website to check on how many firms in my area have been certified.  Since I am a painting contractor I am especially interested to know how many painting firms have been certified.  I first searched for any contractors located within 5 miles of my zip code.  At that time there were no companies listed, including my own.  Now there are two contractors listed, my company and a door company.  I next checked within 10 miles and still only two companies listed.  The next step was 20 miles and their is only 5 companies listed and I am the only painter.  Finally I queried 50 miles and there are 66 companies listed.  This list had only 5 painting contractors listed.  Sounds like a contractors dream, hardly any competition.  So what is my dilema?

There is no doubt that the procedures outlined by the EPA, by HUD, and by OSHA are essential to protect the welfare of homeowners and residents of homes that have lead-based paint and those that work with lead-based paint. Health departments, medical facilities, practicioners, and statisticians have documented the hazards that lead-based paint dust and chips have on people, especially young children and the babies being carried by pregnant women. I am convinced that there is significant risk of contaminating a home if safe work practices and clean-up procedures are not followed.   I know what procedures to follow and I can legally do the work.  Again, what is my dilema?

I have a very small operation. There are significant additional costs associated with working on pre-1978 homes. These cost must be passed on to customers. Will homeowners want to pay these extra costs?  Is the reason there are so few contractors currently registered because contractractors are deciding the extra costs cannot be absorbed by their companies and they feel that most homeowners cannot or will not pay for them?  There are many painters that have called me looking for work, but work is still very slow.  Do I plan extensive advertising and prepare to expand my business?   Do I start hiring and training painters in lead-safe work practices?  If I do, will homeowners be prepared to pay the extra costs in order for me to make a living?

Why should we use HEPA Vacuum Cleaners

When working on pre-1978 residences contractors will be required to use HEPA vacuums during the project.   The major source of lead contamination and lead poisoning today comes from the inhalation or ingestion of lead paint dust.  If lead paint is present in a home, then lead paint dust will be created during renovation or remodeling projects.  If that dust is not contained and properly eliminated the entire home can be contaminated.  So why do contractors have to use special HEPA vacuums rather than the normal shop vacs?  The particles of dust created through construction, demolition, or renovation is too small to be captured by normal filters in vacuum cleaners.  Even though the larger dirt and debris is captured by the vacuum, the dust (including lead dust) is exhausted by the vac and will be redistributed on all nearby horizontal surfaces.  That dust can also be picked up by the normal air flows or currents caused by open windows or doors or heating/cooling systems in the home and then distributed to a larger area, even throughout the home resulting in contamination of the entire home or residence.

Included in the training now being given to renovators through the EPA's Renovation, Repair and Painting program is the following information.  This is quoted from Student Manual of the Certified Renovator Initial Training Course:
(quote)
A little dust goes a long way.

• You can't see it.  Even a floor that looks clean can have leaded dust on it.  Only a laboratory test can tell you for sure if an area is contaminated with lead.
• It's hard to sweep up.  Normal cleaning methods will not pick up all the dust in a work area.  Sweeping is not enough.  You need to use water, detergent and a HEPA vacuum to clean up dust effectively.
• IT travels.  Once dust is released, it is easily tracked around, inside and outside the work area.  And, an exterior painting job can contaminate the inside of a home as the dust, chips and leaded soil are tracked inside.

(end quote)

This information is important not only for contractors working on residences but also for homeowners and landlords that plan to do their own work. 

If you don't currently have access to a HEPA vacuum cleaner, click on the word HEPA anywhere in this post and you will be directed to an Amazon search for suppliers of HEPA vacuums.

New Links

New links are freqently added on the links page.  Also a new page has been added called Lead Poisoning - Real Life Experiences.  I am using this page to relate the experiences of those who have personally experienced the effects of lead poisoning in their families or know of others families who have experienced it.  If you would like to include an experience you can contact me by e-mail at mailto:jem12344@embarqmail.com

Senators Take Action With NAHB Urging.

In response to concerns expressed by the National Association of Home Builders, ten (10) US Senators sent a letter dated March 25, 2010 to the Office of Management and Budget.  This letter requested the "OMB to take whatever actions necessary in the next 26 days to ensure that when this rule goes into effect, there are enough certified renovators available to meet the compliance goals of the rule.  These actions could include ensuring EPA has enough resouces devoted to compliance assistance, speeding up the turnaround time for approving trainers, expediting public awareness and media campaigns and, if necessary, delaying the rule's implementation or phasing in the rule in areas where there are adequate (I'm sure they meant inadequate.) certified renovators."  It will be interesting to see how this action will affect the implementation of the RRP rule.  To read the entire letter use this link.