EPA Ramps Up Lead Paint Inspections

If you are a builder or remodeler, this information from NAHB regarding the EPA's crackdown on lead paint is crucial for your business.

Some regional offices of the Environmental Protection Agency (EPA) are changing the way they approach lead-safe work practice inspections, which could be a factor in the rising number of companies fined for violating EPA regulations.

EPA’s approach to lead-safe work practice inspections varies by region. Region 7 (Midwest) is the latest to employ a more targeted approach, having recently increased its focus on the St. Louis, Mo., area.

The strategy mirrors what was done during the summer of 2014 in EPA Region 1 (New England), which concentrated its efforts primarily in New Haven, Conn. EPA says the strategy led to improved compliance and awareness of the Lead-based Paint Renovation, Repair, and Painting (RRP) regulations. Out of the 65 inspections conducted in New Haven during that period, EPA issued enforcement actions against six companies.

“After seeing what was done in Region 1, we saw an opportunity for us to not only educate the remodeler community, but also the general public to help drive demand for the remodelers who are certified to do the job the right way,” said Jamie Green, chief of the toxics and pesticides branch for Region 7.

EPA issued a press release and conducted radio interviews when the initiative kicked off last August. Since then, 26 inspections have been conducted in St. Louis to evaluate lead-safe work practices.

Inspectors also began conducting “compliance assistance visits,” reaching approximately 200 remodelers throughout the city. The visits were done at times when regulated work was not being done, so rather than carry out an inspection, the inspectors would explain the RRP regulations, deliver information packets and answer questions.

Projects that receive full inspections are identified in a variety of ways, but primarily as a result of tips and complaints submitted by the general public, as well as from EPA-lead searches of publicly available information.

Still, many are conducted on an ad-hoc basis, according to Green, who says inspectors will often drop in on a project while traveling to and from predetermined inspections.

Next month, Region 7 will launch an advertising campaign to raise awareness among St. Louis-area consumers about the risks of lead exposure.

“The ultimate goal here is to protect children’s health,” Green said. “There are a lot of remodelers out there who are doing it right, so a large piece of this is to make sure we’re reaching out to consumers about the value of hiring those certified renovators.”

Green says it’s too early to determine the impact of the new, targeted approach. However, the focus on St. Louis will continue through the end of the year, when Green will assess the initiative’s effectiveness and decide if similar measures would be worthwhile in other parts of the region.

Nationwide, the number of enforcement actions against businesses that violated the RRP regulation increased in 2015. Seventy-five companies received fines of $2,000 to more than $50,000, mostly for violating work practice standards and/or failing to obtain proper training and certification regarding lead-safe work practices.

For more information about how to comply with the RRP rule, visit nahb.org or visit the HBA of Greenville at hbaofgreenville.com.

EPA to Revisit Lead Test Kits

Here is a great gift in honor of National Home Remodeling Month: At long last – and after constant pressure from the National Association of Home Builders (NAHB) – the Environmental Protection Agency (EPA) has been told to get to the bottom of the issue of faulty lead paint test kits with a series of public meetings that will start in early June.

As remodelers well know, the Lead: Renovation, Repair and Painting Rule requires them to use expensive lead-safe work practices in all homes built before 1978 unless the homes have been tested to be lead-free.

The catch: Even though the introduction of an accurate, inexpensive lead paint test kit was part of the rule when it was written in 2008, that test kit never appeared when the rule became law in 2010.

Now, the choices are to either conduct an expensive, time consuming test or instead do the work under the presumption that lead-based paint is there. And that often triggers additional compliance costs and unneeded record-keeping requirements, costing remodelers and consumers time and money.

This has resulted in textbook examples of reverse incentives all over the country. Too many home owners who did not want to pay the additional costs of working with an EPA-certified renovator chose to work with fly-by-night operators who slid under the regulatory radar – and who possibly put the home owners at risk with their work practices.

This lose-lose situation is now changing.

On April 28, NAHB co-hosted with the National Center for Healthy Housing the first in a new series of meetings with regulators to see what is working and what needs to be fixed.

Also in attendance: officials from the Small Business Administration and representatives from industry, lobbyists, local government, and volunteer organizations.

At this meeting, EPA announced plans for the June event: the opening round of ongoing conversations in response to a congressional mandate that EPA step up the pace and figure out a test kit to meet the criteria within the 2008 rule. And that congressional directive is a direct result of your Home Builders Association’s persistent – and successful – advocacy efforts.

If no solution is reached by October 1, Congress has directed EPA to revisit the test kit criteria in the 2008 rule and solicit public comment on alternatives. And if a reliable and affordable test kit is not possible, then it is back to square one for the economic analysis EPA did in advance of the rules and ensure that the costs reflect actual experience.

Learn more about the EPA Lead Paint rule at nahb.org/leadpaint.

Lead Paint Rule Marches On, but Time Still an Issue

The National Association of Home Builders recently submitted comments supporting EPA’s plan to revise the Lead Renovation, Repair and Painting Rule (RRP) to eliminate a requirement that the EPA LeadSafe Certified Renovator re-certification course have a hands-on component.

The change would allow remodelers and other contractors to re-certify online, saving time and money for individuals and firms who have been certified for years. However, contractors obtaining certification for the first time would still need to complete the hands-on portion of the training course.

Given that a large number of certified renovators must complete a refresher training course by July 1, EPA has proposed providing a six-month extension for renovator certifications that expire by that date. Extending the deadline is a good first step in mitigating the concerns regarding the timing of this proposal and help ensure that as many renovators as possible can take advantage of the savings provided by the streamlined requirements of the proposed rule.

In its comments filed Feb. 13, your Home Builders Association supported EPA’s efforts to increase affordable access to the renovator refresher training courses, and to extend the completion deadline to ensure that those renovators who came into the RRP program when it launched in 2010 have access to online-only training options.

NAHB also urged EPA to expedite consideration of the extension to provide the industry with needed certainty.

To find out when your EPA LeadSafe Certified Renovator certification expires, visit the EPA firm locator page. Learn more about the EPA lead paint rule recertification process, get additional details on the EPA lead paint rule at nahb.org/leadpaint

EPA Won’t Move Forward on Accurate Lead Paint Test Kits

The U.S. Environmental Protection Agency (EPA) has confirmed that it has no plans to sponsor studies of new, more accurate kits designed to test for the presence of lead paint in homes before remodeling projects can begin.

After a group of remodelers and builders met with EPA leaders during the NAHB Spring Board of Directors meeting, the agency sent a letter to NAHB stating that it has "no plans or resources" to look for more accurate testing methods, even though test kits currently recognized by the EPA have false positive rates ranging from 22.5% to 84%.

Absent a reliable test kit, remodelers or their clients must pay for more expensive testing methods or presume the presence of lead and use lead-safe work practices during the remodeling job if the home was built before 1978. Lead-safe certified remodelers told EPA that the lack of an inexpensive kit is forcing them to lose work to uncertified and fly-by-night operators who won’t tack on the additional charges.

NAHB continues its efforts on Capitol Hill to press EPA to restore the opt-out provision, especially in the absence of a reliable test kit.

Lead paint resources for remodelers and consumers are available at nahb.org/leadpaint.

CDC moves the goal post on lead paint

The Centers for Disease Control and Prevention (CDC) recently changed its standard on which it bases its efforts for reducing childhood lead exposure.

Previously, the CDC used 10 micrograms of lead per deciliter of blood as its standard for a "level of concern" for lead poisoning,  The agency replaced that standard with a focus on the 2.5 percent of the population most exposed to lead.  This change sets up a scenario in which industries like Remodeling will suffer through ever more expensive measures to mitigate a continuously decreasing risk of exposure.

Craig Webb, Editor-In-Chief of Remodeling, presents an effective argument against the CDC's change in his "First Word" in this month's Remodeling.  Below is Webb's column, used with permission.

Add It Up
On the lead-paint rule, whose needs matter more?

Odd as it may seem, the debate over the lead-paint rule reminds me of the movie Saving Private Ryan. If you’ve seen the movie, no doubt you remember how director Steven Spielberg first shows in stomach-turning detail the carnage U.S. troops suffered on Normandy’s D-Day beaches and then juxtaposes that with a platoon’s search to find and safely bring home just one soldier.

Saving Private Ryan ostensibly is about the sacrifice by the many to make possible our concern for the one. The lead-paint fight echoes that notion, because at its heart lies this question: Is it worth spending millions of dollars and remodelers’ hours to protect a relatively small number of kids and pregnant women from lead exposure?

A recent letter to the editor illustrates this. In it, remodeler Mike Patterson of Gaithersburg, Md., takes issue with June’s First Word column in which I noted that the Centers for Disease Control and Prevention (CDC) has decided to stop using 10 micrograms of lead in a deciliter of blood as its standard for a “level of concern” and instead will focus on the most exposed 2.5% of the population, no matter how low the number may be. I likened the CDC’s decision to what manufacturers do when they implement error-reduction programs to improve their assembly lines.

The CDC says it changed its tack because it can’t say how small an amount of lead in blood is safe. The problem, Patterson correctly points out, is that the CDC’s action removes the possibility that we’ll ever be able to declare victory on this issue, while simultaneously forcing us to commit ever-greater resources for an ever-smaller gain.

“The idea that nothing is ever good enough is a pervasive one, but it’s a pernicious and expensive one as well,” Patterson writes. “Pernicious in that it never allows one to feel that something worthy has been accomplished, and expensive, as it forces us all to shave our profit margins ever thinner, in the pursuit of ... what? A goal? How is that possible, when the goal posts are moved every time we approach?”

America has done amazing work combating lead exposure. In the late 1970s, studies found that an estimated 88% of children aged 1 to 5 had 10 micrograms of lead per deciliter of blood. When similar tests were conducted between 2007 and 2010, just 0.8% of the kids had the same level.

Note that this improvement came before the lead-paint rule took effect, and at a price (largely from getting lead out of gasoline) that our society could afford. Tens of millions of kids are out of danger, and now a relatively few remain.

I never liked the premise of Saving Private Ryan, and I don’t like what the CDC did here. The rule’s cost doesn’t justify the benefit.

Craig Webb is editor-in-chief of REMODELING. 

NAHB: Top 12 Accomplishments Summer 2012, Number 1; Lead Paint

As a member of the HBA of Greenville, you also are a member of the National Association of Home Builders. NAHB's 3,000 directors and 250 staff have been working hard on your behalf this Spring. In the series we will publish over the next 12 days we will highlight the Top 12 accomplishments during the Spring of 2012.

Accomplishment 1: Introduction of Lead Paint Legislation in the House

Responding to concerns expressed by NAHB Remodelers members and others during our Capitol Hill visits at the Spring Legislative Conference and on many other occasions, Reps. John Sullivan (R-Okla.), Tim Murphy (R-Pa.) and a bipartisan group of original cosponsors introduced legislation to make much-needed improvements to the EPA’s Lead: Repair, Renovation and Painting (LRRP) rule.

H.R. 5911, the Lead Exposure Reduction Amendments Act of 2012, is similar to NAHB-backed legislation (S. 2148) that was unveiled earlier this year in the Senate to help home owners and remodelers better comply with the costly work practices and recordkeeping requirements of the lead paint rule without compromising safety standards. This bill would provide families with greater flexibility to decide on their own remodeling activities while assuring them that sound safeguards remain in place to protect against lead hazards. Among other improvements, the bill seeks to restore the opt-out provision for homes that are not occupied by young children or a pregnant woman – a change that NAHB estimates would save approximately $336 million per year in compliance costs. Having led the effort to get this critical legislation introduced in the House, NAHB subsequently carried out intense lobbying and a federation-wide letter-writing campaign to secure additional cosponsors. We continue to build bipartisan support to bring it to fruition in the House and Senate. 

Federal court rules against NAHB, others on challenge to Lead Paint Rule

In November NAHB, the National Lumber and Building Material Dealers Association, the Window & Door Manufacturers Association, and the Hearth, Patio & Barbecue Association challenged the Environmental Protection Agency's decision to remove an opt out provision from its controversial Renovation, Repair and Painting Rule.

They argued that EPA violated procedures contained in Federal law governing how it adopts its regulations.  The court found that EPA did not violate the law in adopting the Lead Paint Rule.

However, legislation is now pending in the U.S. Congress to amend the Lead Paint Rule legislatively to, among other things, require an opt out provision.

EPA is stepping up enforcement of lead-safe practices

Lead exposure in heavy doses can make you sick; so can the heavy fines by the EPA if your documentation is not correct.

The EPA has expanded its enforcement of its lead paint regulations which became effective in 2011. The regulations are intended to protect children from lead poisoning, which can cause major health problems including profound developmental and neurological impairment.

Reports to NAHB indicate that enforcement of the Lead Repair, Renovation, and Painting rule (LRRP) is in the area of paperwork. Specifically, EPA is focusing on proper documentation of compliance with the rule. Enforcement actions have involved failure to distributed the brochure informing consumers of the rule, distributing the brochure but failing to properly document its distribution, and other omissions and errors in documentation. Of course some contractors also have been cited for failing to complete required training and registration with the EPA. Fines of $37,000 per violation are common.

Don't put yourself and your company at risk; fully comply with the LRRP rule.

About Lead Repair, Renovation, and Painting rule
The LRRP rule, which took effect on April 22, 2010, requires that remodelers and contractors working in homes built before 1978 to be trained and certified by the EPA on lead-safe work practices before they can legally work on those homes. Enforcement commenced in 2011.

At the time the rule was initially proposed the owner of the home or building could opt out of the more expensive work practices only if there were no children under the age of 6 or pregnant women present. Before implementation the rule was revised and the opt out provision was removed. There is no opt out for the rule at present, which added more than $336 million annually in compliance cost to the remodeling community.

What your HBA is doing about it
However, House and Senate bills have been introduced to reinstate the opt-out provision, reduced fines for minor paperwork errors found during an inspection, and allow for an exemption to the regulation for emergency renovations. Click here to find out more about how the NAHB and Bipartisan efforts in Washington will help.

You can also visit the EPA's website to find out more about Lead hazards and Lead- Safe Practices. Click here for FAQs about EPA lead documentation standards.

Your HBA's Top 12 actions at the national level during the Spring

As a member of the HBA of Greenville, you also are a member of the National Association of Home Builders. NAHB's 3,000 directors and 250 staff have been working hard on your behalf this Spring.  In the series we will publish over the next 12 days we will highlight the Top 12 accomplishments during the Spring of 2012.

Accomplishment 1: introduction of three important pieces of legislation to improve conditions for home builders and remodelers

The Home Building Lending Improvement Act of 2012 (S.2078)

Because the difficulty of accessing and maintaining construction credit continues to be a major obstacle for home builders and the housing recovery in general, NAHB has been aggressively pushing for solutions to this crisis on both the regulatory and legislative fronts. NAHB worked with Senator Robert Mendendez (D-N.J.) to ensure introduction of this bill in early February. The legislation seeks to restore the flow of credit for new housing production in order to create jobs, meet rising housing demand and bolster the economic expansion. It has brought significant attention to the AD&C credit crunch in Congress, and has helped spur questions about credit availability in various congressional hearings, thereby exerting pressure on banks and regulators to help resolve the situation. Its introduction follows up on similar legislation that NAHB helped get introduced in the House last year -- H.R. 1755, the Home Construction Lending Regulatory Improvement Act -- which currently has 95 House cosponsors. For details on S. 2078 or H.R. 1755, contact Scott Meyer (800-368-5242 x8144).

The Lead Exposure Reduction Amendments Act of 2012 (S. 2148)

While NAHB supports measures to ensure that young children and pregnant women are protected from exposure to lead paint, the time and costs associated with the EPA’s flawed Lead: Renovation, Repair and Painting rule (LRRP) effectively incentivize home owners to 1) hire an uncertified remodeler who doesn’t follow the rules 2) put off needed repairs or 3) do the work themselves – each of which subverts the intention of the rule in the first place. NAHB has led the charge in Congress and with regulators to try to make this rule more workable and effective, and in early March we made a major step forward when Sen. James Inhofe (R-Okla.) and five co-sponsors introduced legislation to improve the lead paint rule. This bill gives remodelers the opportunity to lobby their political representatives in Congress, who in turn can put pressure on the EPA to make specific necessary amendments to the rule. The bill itself would:

• Reinstate the opt-out provision for homes that are not occupied by children or pregnant women, thus focusing the rule on the protection of these specific groups.
• Suspend the LRRP if EPA does not approve a commercially available test kit that meets the regulation’s requirements.
• Allow remodelers the “right to cure” paperwork errors found during an inspection.
• Eliminate the “hands on” recertification training requirements.
• Prohibit EPA from expanding the LRRP to commercial and public buildings until at least one year after the agency conducts a study demonstrating the need for such action.
• Clarify the definition of “abatement” to exclude remodeling/renovation activities.
• Provide an exemption to the regulation for emergency renovations.

The introduction of this legislation is a significant step forward in raising the visibility of issues related to the current regulation, and was urgently advocated by NAHB. Looking ahead, we will rally our members to help build support for this measure in the U.S. Senate and continue our efforts to have companion legislation introduced in the House. For more information, please contact Courtney Flezzani (800-368-5242 x8459).

The Preserve Waters of the United States Act (S. 2245) and companion legislation in the House (H.R. 4965)
The EPA and Army Corps of engineers are getting ready to issue a guidance document that will evade the more transparent rule-making process to eliminate all reasonable limits on the scope of Clean Water Act jurisdiction. As a result, the federal government’s reach would extend to essentially all waters, including storm sewers, retention basins and seasonal streams. This blatant regulatory overreach would lead to many more land development, road construction and residential projects requiring federal permits and would exacerbate permitting delays. In turn, it would increase construction costs, cause job losses, drive down housing affordability and hamper economic growth. NAHB is leading the charge against this possibility by building support for legislation that we successfully pushed to be introduced in both the House and Senate. This legislation has especially strong backing in the House after being introduced on April 27 by Transportation Chairman John Mica (R-Fla.) along with ranking member Nick Rahall (D-W.Va.), Water Resources Subcommittee Chairman Bob Gibbs (R-Ohio), Agriculture Chairman Frank Lucas (R-Okla.) and ranking member Collin Peterson (D-Minn.). Contact: Courtney Flezzani (800-368-5242 x8459).

NAHB Call to Action: Lead Exposure Reduction

Urge your Senators to Co-sponsor S. 2148, the Lead Exposure Reduction Amendments Act of 2012
Write your Senators at www.capitolconnect.com/BuilderLink

On March 1, 2012 Senator James Inhofe (R-OK) introduced S. 2148, the Lead Exposure Reduction Amendments Act of 2012. This piece of legislation improves the Lead: Renovation, Repair, and Painting rule (RRP) which has hampered the home building industry with burdensome compliance costs.

The Environment Protection Agency (EPA) finalized the RRP rule establishing new requirements for contractors and remodelers working in homes built before 1978. The rule prescribes a series of work practices and contractor certification requirements as a way to address impacts associated with the disturbance of lead-painted surfaces in older housing. Specifically designed to address potential lead exposures to children under six years of age and pregnant women, the RRP rule requires contractors and remodelers working in older homes to obtain certification from the EPA.

This legislation will restore the "Opt-Out Provision" from the RRP rule which allowed homeowners without children under six or pregnant women residing in the home to allow their contractor to forego the use of lead-safe work practices. By restoring the “opt-out provision”, it will eliminate unnecessary regulations and compliance costs. The savings to the industry will be upwards of $336 million per year.

S. 2148, the Lead Exposure Reduction Amendments Act of 2012 addresses the impracticality of the RRP rule and offers solutions to these obstacles.

Click here for the one page summary of S. 2148.

Call to Action:

• Urge your Senators to co-sponsor S. 2148, the Lead Exposure Reduction Amendments Act of 2012;
• Write your Senators at www.capitolconnect.com/BuilderLink.

If you have any questions or feedback on this issue, please email BuilderLink@nahb.org.

Professional Remodeler: 6 regulations for remodelers to watch in 2012

Professional Remodeler listed 6 rules and regulations for remodelers to watch in 2012:

• Lead Paint
• OSHA Fall Protection standard
• Collective bargaining rights
• Subcontractor vs. employees
• Restricted background checks and credit reports
• No increased 1099s

Click here to read the complete report at Professional Remodeler.

Homeowners avoid expense of remodeling under lead paint rule

The costs of remodeling a home built before 1978 can increase by as much as 24 percent, the result of the U.S. Environmental Protection Agency's Lead: Renovation, Repair, and Painting rule, according to the NAHB.

"Remodelers are finding that conducting renovation work in older homes has become more expensive under the lead regulation and that homeowners are reluctant to pay the increased cots," said NAHB Remodelers Chairman Bob Peterson, CGR, CAPS, CGP, a remodeler from Fort Collins, Colo.

Responding to special questions in NAHB's quarterly Remodeling Market Index (RMI) survey, many remodelers said they had estimated the price of remodeling projects with and without the lead rule requirements.  The percentage of price difference depended on the size of the remodeling project, with the smallest projects - less than $5,000 - experiencing the greatest cost increase at 24 percent.  As the project sizes increased, the overall costs of applying the lead rule fell.  At the high end, projects costing more than $100,000 had a 9 percent increase for lead rule requirements.

At least 65 percent of the remodeler respondents to the RMI survey reported that homeowners are taking actions to avoid the costs of the lead rule by attempting do-it-yourself work, looking for an uncertified contractor who would not comply with the lead rule, scaling back the size of planned remodeling projects, or deciding not to remodel at all.

"Remodelers want to protect vulnerable children from lead exposure, but we're seeing that homeowners do not want to pay the costs for complying with the lead regulation," said Peterson.  "A huge part of the problem is that homeowners with no children do not see the need to pay this expense.

Under the lead paint regulation, contractors disturbing painted surfaces in pre-1978 homes must obtain training and certification, distribute the Renovate Right pamphlet to homeowners, contain dust during the renovation, use lead-safe work practices, clean up after the project, and maintain detailed records.

According to the American Housing Survey, from the Department of Housing and Urban Development and the Census Bureau, professional remodelers are hired to perform about 16.6 million projects per year in housing built before 1980.  The vast majority of these projects - nearly 13 million - are small, priced under $5,000.  This means that homeowners with small remodeling projects will experience the majority of lead rule expenses.

The total estimated costs for remodeling under the lead rule, including training, equipment, materials, and work hours, would reach as high as $10.5 billion per year if homeowners did not change their remodeling plans.

For more information on the lead rule, visit www.nahb.org/leadpaint or call NAHB at 800-368-5242.

NAHB: EPA will step up inspections, enforcement of Lead Paint Rule in 2012

The Environmental Protection Agency is relying on tips and has begun stepping up its inspections and enforcement of the Lead: Renovation, Repair & Painting (RRP) rule, an associate director with the EPA’s Office of Enforcement and Compliance Assurance said at a free webinar hosted by the NAHB Remodelers on Dec. 14.

While only three lead-paint rule enforcement actions were taken during fiscal 2011, the EPA’s Don Lott said 2012 will be much busier. He noted that the agency already has conducted 1,000 compliance inspections, with more to follow.

Read the entire article at Nations Building News by clicking here.

NAHB appeals elements of Lead Paint Rule to U.S. Court of Appeals

Your National Association of Home Builders appealed the removal of the opt out provision of the Lead Paint Rule to the U.S. Court of Appeals for the District of Columbia.  The hearing took place November 1.

A part of the argument was that the EPA exempted the largest part of home improvements from the Lead Paint Rule: the Do-It-Yourself "industry."  Following the hearing, NAHB reported that relief from the Lead Paint Rule "may have to wait for a new Administration."  Read why at Nations Building News by clicking here.

HBA of Greenville sponsors EPA Lead Paint Seminar open to all

The Home Builders Association of Greenville is hosting a Lead Paint Seminar presented by the Environmental Protection Agency on Thursday, September 29, 3 p.m., at the TD Convention Center.

The seminar is open to the entire home improvement industry compliments of the Home Builders Association of Greenville.

The seminar will feature speakers on the various aspects of the new lead paint rule.  EPA is beginning to step up its enforcement of the lead paint rule, so it is important for the home improvement industry to understand and comply with the rule.

Speakers include:

• 3:00-3:30 What is Abatement?: Lead Abatement Training Components, Greenville Technical College, Joy Finch
• 3:30-3:50 Statistics: South Carolina Health Department Childhood Lead Poisoning Prevention Program, M.L. Tanner
• 3:50-4:10 Legal implications of not complying, Childs Thrasher, of Gallivan White and Boyd
• 4:20-4:40 Are You Insured? (Insurance options available, costs and coverage), Palmetto Insurance, Howard Cox
• 4:40-5:10 Proper use of Lead Testing Equipment Lead Check, W. Jonson
• 5:10-5:40 Renovation and Repair Painting Rule, EPA Region 4, Andrea Lippitt
• 5:40-6:00 Questions and Answers

Following the seminar participants will receive a complimentary ticket to Big Thursday, the preview party for the Southern Home and Garden Show held on the show floor in the TD Convention Center.

To register for the EPA Lead Paint Seminar, click here.

NAHB making progress in correcting problems with the Lead Paint Rule

The U.S. House Appropriations Committee approved a provision that would limit funding for the EPA's enforcement of the Lead Paint Rule until the agency approves a test kit that complies with its own regulations. To read more in NAHB's Monday Morning Briefing, click here.

In other news, NAHB won a victory when the EPA announced it would reject a proposal to require third-party sampling and testing of dust samples after renovations are completed on homes built before 1978. To read more in NAHB's Monday Morning Briefing, click here.

EPA Issues Fines for Lead Violations

Two window replacement contractors recently agreed to pay civil penalties totaling over $50,000 in administrative actions taken by the Environmental Protection Agency (EPA) for failing to provide the agency’s "Renovate Right" brochure to “at least 37” residents and property owners prior to the completion of services rendered.

In both cases, the companies were cited for failing to distribute the brochure as required rather than for ignoring specific steps and measures for containment and clean-up mandated by the EPA. Both cases involved a paperwork audit.

Eleven states are now administering their own audits. According to a source at the EPA, the agency has yet to take legal action against contractors for specifically violating the Renovation, Repair and Painting (RRP) containment and clean-up rules.

A press release regarding the mentioned legal actions, posted to the EPA's website, fueled speculation that the agency may be stepping up audits and possibly even on-site inspections in connection with RRP enforcement.

Check for Lead, a Florida-based online supplier of materials for contractors involved with lead-safe renovation, launched a website in which contractors seeking information about EPA audits in their area may view a map that flags locations where EPA audits can be verified as having taken place and gain insight from those who have already gone through the audit process themselves. To see Check for Lead's map, click here. To date no enforcement actions have been verified in South Carolina by the website.

Lead Paint Renovation, Repair, and Painting Course to be Offered in Spartanburg

The HBA of Spartanburg is offering a Lead Renovation, Repair, and Painting Course in February.

When: Wednesday, February 23, 8 a.m. until 5 p.m.
Where: Piedmont Natural Gas, 501 West Blackstock Road, Spartanburg
Cost: NAHB Members $195, nonmembers $225

To register, contact the HBA of Spartanburg at 864-583-5471

Beginning April 23, 2010, the Environmental Protection Agency (EPA) requires firms performing work that disturbs lead-based paint in residential homes, child care facilities, and schools built before 1978:

• Be EPA certified.
• Ensure necessary EPA certified renovators are on each job.
• Ensure all workers affected are trained in specific work practices to prevent lead contamination.
• All work is performed according to EPA work practices.
• Pre-renovation education required for residents.
• Record keeping requirements are met.

Who should become EPA certified?
Renovators, remodelers, window and siding installers, painters, plumbers, electricians and maintenance workers who disturb lead-base paint in homes AND buildings that are child-occupied and built before 1978.

What does the training cover?
This 8-hour training course teaches you safe ways to prevent the lead contamination. Learn how to safely clean up demolition and debris, and the proper way to dispose of trash and materials once the job is done.

Penalties for performing work without being EPA certified can be up to $32,000 per violation, per day.

Deadline to Apply for Lead Paint Certification is September 30

Remodelers and other contractors have until September 30 to apply to get their companies certified and to also sign up for the training required to comply with the U.S. Environmental Protection Agency’s Lead: Renovation, Repair and Painting rule.

Read more about the deadline in Nations Building News by clicking here.

NAHB to Sue EPA Over Lead Paint Regulations

NAHB Announced last week that is is joining a coalition of housing industry groups in suing the U.S. Environmental Protection Agency (EPA) for removing the "opt-out" provision from its Lead: Renovation, Repair, and Painting rule.

EPA enacted the rule on April 22, 2010, but recently delayed enforcing the licensing portion of the rule until October 1, 2010. However, the rule itself is in effect and contractors working on homes built before 1978 are required to comply.

The opt-out provision would have allowed contractors and homeowners to mutually agree to opt out of complying with the rule. By removing the opt-out provision, NAHB Chairman Bob Jones says EPA is "more than doubling the number of homes subject to the regulation."

Read the entire report at www.nahb.org by clicking here.