Posts Tagged ‘Regulations’

Federal Lead Paint Laws Tough on Contractors

Federal regulations designed to eliminate childhood lead poisoning go into effect this month. The change brings strict new requirements for building contractors, property owners, renovators and a host of others who work with lead paint.

The new law applies to replacing any window. (Photo by Nancy Eve Cohen)

While health advocates call the regulations long overdue, some contractors say the cost to comply is way too high. As part of a collaboration with Northeast stations, New Hampshire Public Radio’s Amy Quinton reports.

At the New Hampshire Homebuilders Association, contractors are spreading large sheets of plastic over the floor.

“Let’s get our plastic over here. How far up on this wall are we going to lay our tape or our plastic?”

That’s New Hampshire state lead inspector Charles Hillsgrove.  He’s explaining to contractors how to lay protective sheets down during renovation jobs.  Hillsgrove is one of the instructors for a lead paint certification course for contractors.

“What we’re trying to teach them is how to contain their workspace so that no dust gets on the floor in people’s homes, how do you keep the dust in this one room.”

It’s lead dust that poisons most children. In New Hampshire 150 children each year are poisoned by lead, a third of them following a home renovation. In Massachusetts more than 800 children are poisoned every year and in New York  it’s as high as 1500 children.

Kate Kirkwood, who teaches lead certification courses, made that point clear to contractors in a recent class in New Hampshire.

“If we know that the dust we make is toxic, and we’re not trained to do what we should do with it to clean it up afterwards, we walk away, and kids get sick.”

Under the new law, the Environmental Protection Agency will require contractors to take precautions and get certified or potentially face a fine of up to $37,500 per occurrence per day. That may sound steep, but James Bryson, with EPA New England, says the costs are not excessive.

“If you’re not doing this, you’re not protecting your work area, then you could have a child that could be lead poisoned and that’s something we don’t want, no cost is too high for that.”

The law applies to anyone who accepts payment for work in buildings constructed before 1978, the year when lead paint was banned. It applies to any job that disturbs more than six square feet of space, and includes any window replacement.
The EPA estimates that 236,000 renovators nationwide need to get training. But Kirkwood says it’s likely many more. And she says there aren’t enough trainers.

“Last time I checked there were fewet than 100 trainers nationwide. In the state of Maine, they told me they thought there were 16,000 contractors that needed to be trained, and we’ve trained about 600 so far.”

Charles Freiberger, makes homes handicap accessible in New Hampshire. He says he found out about the new certification requirements by chance recently at a home show.

“Most contractors have no clue, I’ll bet probably between 80 and 90% of contractors aren’t even aware of this rule.” But the lack of awareness isn’t the main problem for contractors. It’s the cost.

Companies or individuals who do work have to pay a $300 registration fee with the EPA, on top of taking a $200 certification course. Then there are added costs for protective plastics and vacuums.

Len Perkins with C.P. Property Restorers in New Hampshire says it’s a good rule, but comes at the wrong time. And he says the fines for not complying could put a small company out of business.

“We’re looking at an economy right now with a saturation of contractors. The government is not realizing what these costs and expenses are going to do to a populace that’s already suffering heavily because of the present economy.”

States have the option of enforcing the new regulations on contractors for the EPA and make them even stricter. So far, no states in the Northeast have taken that on.

Read more on WNPR Connecticut Public Radio

The Changing Face of Lead Abatement Regulations

Facility managers: put April 2010 on your calendar. In April 2010, the Environmental Protection Agency (EPA) will require all contractors whose renovation work disturbs lead-based paint in certain pre-1978 structures to be properly certified. The structures to which this ruling applies include homes child care facilities and schools.

This ruling completes a long series of changes which have marked the regulated abatement of lead-based paints in the United States. Since the EPA banned the use of lead-based paints entirely in 1978, the agency has been charged with various tasks, which have been carried out through changes in lead abatement regulations.

Before 1992, little organized action was made at the national level to actively reduce the amount of lead-based paint in the Untied States. In 1992, the EPA reacted to a congressional study showing the prevalence of low level lead poisoning in America.

The new lead abatement regulation was the Residential Lead-Based Paint Hazard Reduction Act of 1992, which targeted lead in homes and rental properties. In 1996, home owners, including landlords were required to notify buyers and tenants of the presence of lead-based paint. Additional rules added in 2000 provided regulation for the disposal of lead based paint, and in 2001 a set of hazard standards were put in place.

New Regulations, New Lead Abatement Fees

Until recently, the EPA has abstained from leveling federal fees for lead abatement certification programs. In 2008, the EPA suggested new regulations that would establish a fee schedule to help defray the costs of a nationwide lead abatement program.

Here are the current fee estimates the EPA is considering. These estimates are taken from the EPA’s proposed rule for abatement certification fees which can be found here.

• Accreditation for Initial Training Course $730

• Accreditation for Refresher Training Course $550

• Re-accreditation for Initial Training Course $480

• Re-accreditation for Refresher Training Course $430

• Initial firm certification $410

• Firm re-certification $410

• Individual certification $410

• Individual re-certification $410

These new lead abatement regulations for additional fees are applicable to those states and territories which do not have a federally approved state lead abatement certification system. Currently those states are Alaska, Idaho, Montana, Wyoming, Nevada, Arizona, New Mexico, Florida, South Carolina and New York.

Although the EPA has shown signs of keeping these fees low to encourage compliance, the agency has published estimates of the fee schedule that more closely mirror current lead abatement certification pricing trends. If that fee schedule were to be enacted—an unlikely event—the costs for accreditation would almost triple.

Lead Abatement Regulation: Future Trends

As more complete studies become available about the effects of very tiny amounts of lead, the possibility exists that the EPA may tighten guidelines for lead-based paint in the future. However, such a move would take years to come to fruition, and so far, major action by the EPA has been restricted to bringing compliance up to established levels.