In December 2014 the EPA announced 61 enforcement actions for violations of the Lead Based Paint Renovation, Repair & Painting RRP Rules. All violations were involving pre-1978 homes and child occupied facilities. Fines were issued in Connecticut, New Hampshire, Virginia, New York, New Jersey, Maryland, Pennsylvania, Illinois, Michigan, Wisconsin, Minnesota, Indiana, Ohio, Oklahoma, Missouri, Nebraska, Florida, Colorado, California, Idaho and Oregon. Fines ranged from as little as $100 to as much as $184,000. Violations included failure to

• Educate the property owners and residents using the Renovate Right Brochure
• Obtain Firm Certification from the EPA or the respective state in the 14 authorized states
• Assign a Certified Renovator to the job
• Retain all records for 3 years
• Contain the work area
• Contain the waste
• Cover the floor or ground with impermeable plastic
• Post warning signs
• Train all non-certified workers
• Use a HEPA exhaust on paint removing power tools
• Perform a Post-Renovation Cleaning Verification
• Clean properly
• Produce records upon request
• Have copies of both Certified Renovator and Certified Firm on the job site
• Close and cover duct openings
• Close all doors and windows

Notice that not only record keeping, but also job-site inspections have been performed to determine these violations.

How to make sure you aren’t fined

Never forget the #1 priority – Contain the Dust & Paint Chips.

Remember from your class the 3 Main Principles:

1. Minimize the Dust You Create
2. Contain What You Can’t Prevent
3. Clean-up Everything

If you do these three things, you will do the job safely and ensure compliance with the work practices. But you must also make sure you have your records including:

1. Proof that you educated the occupants, residents and owners with the Renovate Right Brochure
2. Your Test Kit Documentation for testing results or presuming the paint contains lead
3. Your Post-Job Report documenting your notification, work-practices and proper clean-up procedures.
4. Proof that you have trained all non-certified workers

Clients must be given copies of the Test form and the Post-Job Report no more than 30 days after completion of the job or with your final invoice.

Remember, you can get copies of the paperwork off of our home page at: www.leadclasses.com/forms-downloads

Lastly, you must take the Refresher Training Class BEFORE your current Certificate expires. We are just beginning to put them on the schedule now. If you cannot find your closest city on our home page at www.LeadClasses.com please send us an email at Info@LeadClasses.com and we’ll do everything we can to help.

New Government Report Reveals EPA Losing Millions on Lead RRP Rules

According to the Office of Inspector General (OIG) the EPA has lost $25.3 million on the Renovation, Repair and Painting (RRP) Lead Based Paint program between fiscal year 2011-2014. Although collections exceeded costs by $8.9 Million in fiscal year 2010, there is still a total deficit of $16.4 Million.

The shortfall is primarily attributed to a dramatic over-estimation of Certified Firm Applications and payment of those fees ($300 for 5 years). The following chart shows EPA estimates versus actual companies obtaining the Certification

Source: OIG analysis of EPA data.

In order to cover the shortfall, the OIG is going to require the EPA to update the fee rules to cover all cost of operating and administering the RRP program. In addition, they will be required to conduct ongoing reviews to ensure costs are recouped.

What does this mean to contractors, maintenance firms and property management companies?

Clearly these rules are not going away. With an expansion into commercial and public buildings on the horizon, it’s difficult to imagine the EPA being able to successfully reduce expenses to meet the shortfall. More likely is an increase in fees and costs on all levels of the program.

This means that your marketing must set you apart from your competition. It must be driving a torrent of ready-to-buy, price-is-no-object customers to you who crave the quality and service that only you can deliver.

To learn how to attract the absolute best, highest paying clients who refer you and your company over and over again come to one of our next Lead Classes

Date: 05/02/2013
Location: Washington

Today, the Environmental Protection Agency (EPA) announced 17 enforcement actions concerning violations of the Lead Renovation, Repair, and Painting (RRP) rule. This rule safeguards homeowners and tenants from hazardous lead dust left behind after common renovation, repair, and painting activities. It mandates that contractors and subcontractors undergo proper training and certification, employing lead-safe work practices to minimize lead dust exposure.

Lead exposure poses various health risks, ranging from behavioral issues and learning disabilities to seizures and even death, with young children being particularly vulnerable due to their developing nervous systems.

Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance, emphasized the importance of adhering to lead-safe work practices, stating, “Using lead-safe work practices is good business and it’s the law.” She highlighted EPA’s commitment to enforcing lead rules to protect people from lead exposure and to ensure fairness for contractors who comply with regulations.

The enforcement actions target serious breaches of the RRP rule, including cases where contractors failed to obtain certification before performing or offering renovation activities on pre-1978 homes, where lead is more likely to be present. Other alleged violations include neglecting lead-safe work practices crucial for reducing exposure to lead-based paint hazards.

The 17 enforcement actions consist of:

Administrative Settlements:

1. Groeller Painting, Inc. – St. Louis, Missouri
2. Albracht Permasiding and Window, Co. – Omaha, Nebraska
3. Midwest College Painters, LLC – Bloomfield Hills, Michigan
4. ARK Property Investments, LLC – Richmond, Indiana
5. Henderson & Associates Services – Largo, Florida
6. Home Resources Management, LLC – Columbia, Tennessee
7. Camaj Interiors & Exteriors – Jacksonville, Florida
8. Cherokee Home Improvements, LLC – Church Creek, Maryland
9. Window World of Harford – Belair, Maryland
10. EA Construction and General Contracting – West Chester, Pennsylvania
11. Roman Builders – Morton, Pennsylvania
12. Accolade Construction Group, Inc. – New York, New York
13. PZ Painting – Springfield, New Jersey
14. Creative Renovations – Brooklyn, New York

These settlements involve civil penalties of up to $23,000 each and require contractors to certify compliance with the RRP rule’s requirements.

Administrative Complaints:

1. Reeson Construction – Webster, New Hampshire
2. New Hampshire Plate Glass Corporation – Portsmouth, New Hampshire
3. CM Rogers Handyman – Manchester, New Hampshire

EPA has filed administrative complaints against these entities, seeking civil penalties up to the statutory maximum of $37,500 per violation. Penalties are adjusted based on a company or individual’s ability to pay, as mandated by the Toxic Substances Control Act.

For the first time in 20 years the Center for Disease Control (CDC) has updated the recommended Lead Level Limits in children. The revised standard is a 50% reduction to 5 micrograms of lead per deciliter of blood. The new standard is focused on the lead levels in the highest 2.5% of children according to Dr. Christopher Portier, Director of the CDC’s National Center for Environmental Health.

Dr. Portier said that the approach is to focus on prevention rather than lead poisoning, rather than treatment after the fact. These levels will be revisited every four years as no lead level is considered safe in children and many of the consequences of early lead exposure are irreversible. The adverse effects include neurodevelopmental, cardiovascular, immunological, and endocrine effects.

The number one cause of lead poisoning in children under the age of six is remodeling, repair and painting of older homes. Lead was commonly used in paint prior to being banned by the EPA in 1978. All contractors, property management personnel, maintenance staff and anyone else who disturbs paint in any pre-1978 residential housing unit or child-occupied facility is required to be a Lead Certified Renovator. Fines for violators can be as much as $37,500 per violation / per day. Companies are also required to register as a Certified Firm with the EPA prior to performing any work that disturbs lead based paint.

For information on Lead Certified Renovator Training go to www.LeadClasses.com

The Environmental Protection Agency (EPA) who created, oversees and enforces the Lead Based Paint RRP Rules and the Occupational Safety and Health Administration are now working together to target contractors and other violators.

They are working together to “improve and optimize the combined efforts of the parties to achieve protection of workers, the public, and/or the environment at facilities subject to EPA and/or OSHA jurisdiction”.

This can be through information sharing, notification, training, consultation, legal support and coordination of enforcement efforts. They announced they will be focusing on enforcing

• OSHA’s Lead in Construction standard
• EPA’s Lead-Based Paint Renovation, Repair and Painting Rule (RRP)

The most disturbing part of this news is their announcement that “EPA and OSHA may conduct joint inspections as appropriate to carry out the purposes of their respective statutory authorities. Such inspections may be coordinated in advance but may also be scheduled on an ad-hoc basis.”

This means that if you are not following the EPA RRP rules and OSHA’s worker protection rules you will find you are an easy mark for this coordinated enforcement effort. Make sure you are following both sets of rules. If you are not currently Certified or not following both sets of rules you can learn more about getting educated and find your nearest class at www.LeadClasses.com

3M LeadCheck Swaabs have been given final approval by the Environmental Protection Agency for use on drywall and plaster.

The 3M LeadCheck Swabs, in compliance with the Environmental Protection Agency’s (EPA) Renovation, Repair and Painting Rule (RRP), are now recognized by the EPA for use on drywall and plaster.

The swaps are designed to turn red in the presence of lead and were the first commercially available lead test kit recognized by the EPA for use on painted wood and metal.

“We are hearing from contractors that they are pleased to have an easy, low-cost option that’s now recognized for use on drywall and plaster,” said Wade Bowman, brand manager, 3M Construction and Home Improvement Markets. “In just 30 seconds, the 3M LeadCheck Swabs turn red if lead is present. Now contractors can choose to do their testing with one simple test kit.”

To achieve the latest EPA recognition for drywall and plaster, 3M LeadCheck Swabs underwent a testing process, results of which were reviewed and approved by the EPA and took into account factors such as ease of use, toxicity of chemicals used, average cost and average time of kit operation as well as overall performance.

Since April 22, 2010, all contractors, property management, maintenance personnel, and any other home service provider such as exterminators who disturb any painted surfaces in pre-1978 homes, schools and daycare facilities are required to be certified and follow lead-safe work practices. Fines for ignoring these rules can be as much as $37,500 per violation.

For a complete class schedule or to learn more about these rules go to www.LeadClasses.com