LEAD PAINT RULE GOES INTO EFFECT WITHOUT DELAY
Despite requests from NAHB and other building industry organizations as well as contacts from dozens of members of Congress, the EPA on Thursday put into effect the new lead paint regulations for homes built before 1978.
Under the regulations, at least one contractor and their firm performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination. The regulations address remodeling and renovation projects disturbing more than six square feet of potentially contaminated painted surfaces for all residential and multifamily structures built prior to 1978 that may be inhabited or frequented by pregnant women and children under the age of six.
The regulations also list prohibited work practices ― including open-torch burning and using high-heat guns and high-speed equipment such as grinders and sanders unless equipped with a HEPA filter – and establish required lead-safe work practices, including posting warning signs for occupants and visitors; using disposable plastic drop cloths; cleaning the work area with HEPA vacuuming and wet washing; and individual certification through a training course.
Failure to comply with the new regulations can result in a fine of up to $32,000 per employee for each firm cited.
EPA is also seeking to amend the rule that allows homeowners to opt-out of the regulation if the home has no children under age 6 and no pregnant women living in it. NAHB has expressed objection to removing the provision, saying it would reduce consumer choice and raise the costs of implementing the rule by having it apply to all 78 million homes built before 1978. EPA believes only about half of those homes are actually contaminated with lead paint.
HBAR and NAHB have been working to delay the April 22 effective date for several reasons.
1) There are not enough EPA-accredited trainers or renovators. EPA has only been certifying trainers since October. By the end of March there were only 190 certified trainers across the country to teach classes for what EPA estimates are more than 235,000 contractors who need to take the eight-hour training class for certification. Four states had no certified trainers and six others have only one or two, according to EPA. As of April 10, EPA said it had only certified 110,000 contractors. HBAR doesn’t know specifically how many contractors have been certified in the Richmond area, but with only three certified trainers in our area we believe the figures here closely resemble the national figures.
2) There are not enough EPA-accredited firms. As of April 7, EPA estimates only about 12,000 firms are in the process of receiving certification, which takes several weeks. NAHB estimates there are more than 30,000 firms that must be certified.
HBAR drafted and sent letters to each member of our Congressional delegation two weeks ago requesting they speak with EPA about extending the April 22 deadline. HBAR has been told a meeting was held on Capitol Hill last week involving more than 50 members of Congress and EPA administrator Lisa Jackson, where the members reportedly asked Jackson to allow a 90-day delay to certify more trainers and get more contractors and firms certified. Jackson reportedly refused to agree to the delay but did agree to temper enforcement until more contractors can be certified.
HBAR has drafted and sent letters to the heads of building inspections departments for each county we serve as well as the city of Richmond outlining our concerns and asking that the localities not enforce this rule at this time. So far, ChesterfieldCounty has agreed not to enforce the rule because it is not in the Virginia Uniform Statewide Building Code. Thursday, PowhatanCounty informed us it also would not enforce the rule because it is not in the USBC. However, the EPA will enforce the rule. NAHB has been told at first, enforcement will be simple encouragement to get the training as long as contractors can show they are making a good-faith effort to find classes where they can receive training. EPA has not stated when it will begin issuing fines for lack of certification.
There are three locations in the Richmond area where you can take classes to become certified. They are
General Services Corp.: 804-327-9417
UPAL Community Training Center: 804-308-1518
VCU Center for Environmental Studies: 804-828-7202
HBAR encourages all contractors who do remodeling work of any kind to make arrangements to take the eight-hour certification course as soon as possible.
