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Senate moves to put off EPA RRP lead-paint violation fines

  
  
  
  

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Senate ChamberSenate moves to put off EPA RRP lead-paint violation fines

by JIM MYERS World Washington Bureau

Thursday, May 27, 2010

Link to Article

WASHINGTON - The U.S. Senate passed legislation Thursday to block fines temporarily under a rule that requires certification to remove lead paint in homes and certain facilities built prior to 1978.

Sen. Susan CollinsSponsored by Sen. Susan Collins, R-Maine, the proposal was attached to a supplemental funding bill by a vote of 60-37.

Senators later passed that spending bill and sent it to the House for further action.

In pushing her amendment, Collins accused the U.S. Environmental Protection Agency of botching implementation of the lead-paint rule, which took effect in April.

"I support the EPA lead-paint abatement rule. There simply is no question that we must continue our efforts to rid lead-based paint from our homes,'' she said.

"The problem is there still aren't enough EPA-certified trainers in place to certify contractors. As a result, contractors face devastating fines.''

Fines under the rule could be as high as $37,500 per day.

Collins' legislation would bar the EPA from using funds in the spending bill to levy fines.

"The intent of my amendment is to give small contractors and construction professionals more time to comply with the new rule,'' she said.

Sen. Jim InhofeFor months, Sen. Jim Inhofe, R-Okla., has helped lead efforts on the EPA's implementation of the rule, which has sparked both concern and controversy in Oklahoma.

"Today's vote shows there is overwhelming bipartisan concern about the disastrous implementation of EPA's lead-based paint rule,'' Inhofe said.

Citing what he called widespread confusion with the rule's implementation, he also called for the Senate Environment and Public Works Committee to hold a hearing on the matter.

Inhofe serves as the top Republican on that panel.

Sen. Barbara BoxerSen. Barbara Boxer, D-Calif., the chairwoman of the committee, argued against the Collins amendment. She spoke of the dangers of lead poisoning, especially to children, infants and pregnant women, and urged her fellow senators to reject Collins' effort to block enforcement of the rule.

"Let's not turn back the clock,'' she said. "Lead is poison.''

Boxer rejected arguments by Collins and others that the number of certified trainers was inadequate to provide the necessary classes for renovators and others. She said traveling trainers have been available to come in from out of state to offer the necessary training.

###

Comments

This just goes to show you how someone like Ms. Boxer is completely out of touch with reality! I believe she and others like her are only interested in initiating fines and implementing more regulations on small business, then of course reaping the dollars, which they can then waste on some other ridiculous regulations. Instead of having a plan in place that is fair to all and gives ample time to comply! I agree with the law in as much as it will protect all parties involved with the removal of a very dangerous poison. However I am so disappointed with the people in Washington like Ms. Boxer, whom quite frankly haven't have a clue. Hopefully she will be replaced in November.
Posted @ Friday, May 28, 2010 11:34 AM by Jeffrey L. Ward
I agree with Jeffery, the law is good but implimentation is a disaster. Although I still wonder why they are holding homeowners accountable for the lead when it was the paint industry that knew since the late 1800's that lead was bad. Why aren't they assisting with this tab?
Posted @ Friday, May 28, 2010 4:14 PM by John Sperath
i noticed not one person has made any comment on how the EPA rules violate OSHA law ie: putting a ladder on 6mil plastic...or climbing a ladder wearing booties.. who do we listen to? OSHA or the EPA?
Posted @ Saturday, May 29, 2010 1:25 PM by Dan
Dan, we also have to add in the IRS to this mess.
Posted @ Tuesday, June 01, 2010 6:43 AM by Shawn McCadden
IRS? were you thinking subs vs. employees? Cash work undergrouhd?
Posted @ Tuesday, June 01, 2010 7:18 AM by John Sperath
I was referring to employees vs. subs. EPA says you have to setup and work on plastic. OSHA says the GC is responsible if your sub is not working safely, for example setting up ladders on plastic. Under OSHA, the GC must correct the sub and or his employees. Under IRS, you can't direct how a sub does his work or you risk having the sub defined as an employee. Better hope the EPA, OSHA and IRS don't all show up in the same vehicle to visit your jobsite!
Posted @ Tuesday, June 01, 2010 9:14 AM by Shawn McCadden
This boxer is a windbag in need of a sex life. Yeah, destroy small business thats great. Lets audit her dumb ass I can imagine what we will find. I am sure she used all licensed, insured workers at her houses
Posted @ Tuesday, June 01, 2010 9:13 PM by frank
Finally there are some people in the government recognize how out of control this entire law is presented.Lead paint does create an issue,but not as severe as represented to put contractors into a unrealistic working envirorment.Lets look at this law and allow it to work to a point where it does help,but not to the point of making work habits dangerous.Lets all think of this issue as fellow human beings so that everyone is comfortable with all aspects of it!
Posted @ Wednesday, June 02, 2010 6:14 AM by danny
In most cases lead based poisoning is the result of children who are not monitored, undernourished from the inner cities who are allowed to chew on mouthable surfaces. If we are concerned about lead poisoning from contractors doing work in homes why don't we first test the blood of 100 or so contractors to see if they have high levels of lead in their system. I would venture to say that they will not , and if thats the case how can we expect homeowners to get lead poisoning from one or two days exposure when these contractors do it every day and do not have high levels of lead.. The problem with lead is in the sanding and scraping of lead paint not in the removal of the entire product it is applied to ( woodwork,windows etc.) There is more harm done in allowing a wood window with lead paint on it to continue to be used then to have it removed by conventional methods. The constant up and down movement of the window causes wood with lead paint on it to give off a dust which drops to the sill or floor or is blown into the room by the wind onto other surfaces. The replacement of older windows with new new replacement windows would eliminate this problem. The use of hepa vacs on all jobs would reduce the airborne dust spewing out the back of your shop vac. The use of all this plastic is not only a waste but will fill landfills with tons of non biodegradable products.The conditions we are asking these contractors to work in will create many slips and falls driving up our health ins costs, workmans comp cost and more. The EPA should consult with contractors first on how feasible it is to do these projects to reduce the possibility of lead dust spread without creating a hardship on the contractor and increasing the cost of the project by 30% or more.
Posted @ Wednesday, June 02, 2010 5:27 PM by steve trulli
The admendment that the congress lady added to the supplemental funding bill will have little affect on EPA being able to fine people. All this really does is stop EPA from using the supplemental money for doing so. It has plenty of other money in it's general bugget to do that with. From reading the article the congress lady does not even really know what RRP is . It is not lead abatement. , but rather safe work practices to control lead dust. Really this is nothing more then showboating to make people think that they are really trying to do something for us. This is like being in the bottom of the 9th inning and wanting to change the rules on how to play the game, a little late for that.
Posted @ Wednesday, June 02, 2010 8:15 PM by Randy
Just the Facts: 
 
1 The RRP law does not require 6 mil poly or placing ladders on plastic. 
 
2 Over 1 million children are currently suffering from lead poisoning. 
 
3 Lead poisoning is 100 preventable. 
 
4 Study performed in Maine showed that over 60% of lead poisoned children occurred after renovation. 
 
5 Contractors had classes available to take the required courses since April 2008, most were less than 50% occupied. 
 
6 I was able to get into a class and receive my certification in 3 days. 
 
I have been a contractor for 23 years and yes this will increase my workload and cost in order to comply. However, our children, pregnant mothers, and senior citizens will live longer with a better quality of life. WE CAN LIVE WITH THIS LAW 
 
Posted @ Thursday, June 03, 2010 10:16 AM by Dave
For contractors following OSHA requirements - the RRP rule really only adds record keeping requirements - not difficult to follow, and the forms to use are all provided in the training. 
 
 
 
Contractors not following OSHA lead and asbestos rules (and it is difficult to impact lead without impacting suspect asbestos materials as well), that have been in place for 15 to 20 years, have major changes to their work practices and containment requirements as well as recordkeeping issues to deal with. Many contractors don't even realize they are violating OSHA rules becuase they are not aware of those rules.  
 
Anyone getting upset over poor implementation amd enforcement of the RRP rule should be uspet with OSHA as well!
Posted @ Friday, June 04, 2010 10:18 AM by Mike Sharp
I just took the rrp class and found it to be very complicated. The instructor pointed out a number of areas that the EPA and OSHA contradict each other. The plastic required will filol up landfills and cause some fall hazards.  
 
I agree that we need to remove lead carefully and protect the people in the homes but the fines are outrageous. A small fee for the first offence with education is the proper way to go and if a business persists in breaking the rules the fines should go up. 
 
Fran
Posted @ Friday, June 11, 2010 4:59 PM by fran tracy
Just unionize all the contractors and when someone needs something done on a pre-1978 house say no. I for one am ready to be arrested if I receive the fine. After the ridiculous run around and clueless answers from the peole in the know.
Posted @ Friday, June 11, 2010 9:39 PM by Painter
THE RRP RULE DOES REQUIRE PUTTING LADDERS ON PLASTIC, YOU CANNOT PUT 6 MIL PLASTIC 10 FOOT FROM THE HOUSE WITHOUT PUTTING A LADDER ON IT TO GET THE JOB DONE! (and I gotta shout at somebody about all the lost business so far because I will not hurt myself due to a stupid law)
Posted @ Tuesday, June 15, 2010 10:00 PM by Bigfoote
Regarding Dave's comment posted above on June 3: I wrote to Dave asking him to provide sources for his facts. Here is what I wrote to Dave: 
 
 
 
Thanks for your post on my website. As you are probably aware, there has been a lot of misinformation spread around related to the RRP. I am unsure about a few of the facts you included. My promise to visitors is that I will do my best to qualify the information on my site. Can you help point me to where I can verify your facts? The following are the specific ones I hope you can help me with: 
 
 
 
-Over 1 million children are currently suffering from lead poisoning.  
 
 
 
-Study performed in Maine showed that over 60% of lead poisoned children occurred after renovation.  
 
 
 
-On this one I think you are wrong, but hope you can clarify your source on this: Contractors had classes available to take the required courses since April 2008, most were less than 50% occupied.  
 
 
 
Here is what the rule and preamble states: 
 
 
 
2. As of April 22, 2009. Training programs for renovators or dust 
 
sampling technicians may begin applying for accreditation under 40 CFR 
 
745.225. EPA will begin accrediting training programs as soon as it 
 
receives complete applications from training providers. Individuals who 
 
wish to become certified renovators or dust sampling technicians may 
 
begin taking accredited training as soon as it is available. 
 
 
 
Please get back to me as soon as possible. If I cannot verify these as facts I will need to address or remove your comments on my site 
 
 
 
Thanks! 
 
---------------------------------------------------------------------------- 
 
 
 
 
 
Here is Dave's Response: 
 
 
 
Shawn, 
 
 
 
I was actually wrong pertaining to the 1 million children: Go towww.idph.state.il.us/public/hb/hblead.htm 
 
Illinois Dept. of Public Health; "Childhood Lead Poisoning" Quote: National Survey estimates more than 3,000,000 children age 6 and young have elevated levels of lead in blood. 
 
Quote: 1 out of 6 children younger than 7 have excessive lead in blood. 
 
 
 
Study performed in Maine: Instructor with "The EI Group"www.ei1.com presented this information (...over 60% of lead poisoned children occurred after renovation.) during class instruction. Referenced from Model Certified Renovator Initial Training Course Student Manual EPA-740-R-09-001; Appendix 5; Steps to LEAD SAFE Renovation, Repair and Painting, Page 5: "Research has shown that general residential renovation activities are associated with an increased risk of elevated lead levels in children. 
 
The same instructor stated from EI Group: "Since April of 2008 we have been prepared to train individuals in lead safe practices, once we started training a majority of our classes were less than half filled until very recently." 
 
 
 
Shawn, I agree the segment you quoted states 2009, I read the same material, I am only quoting my course instructor for the last 2 segments. I presumed that she was being truthful when providing this information. 
 
 
 
David Stough 
 
Next Generation Technologies Group 
 
Council-Certified Indoor Environmentalist 
 
Council-Certified Microbial Remediator 
 
EPA-Certified Lead Renovator 
 
Certified Residential Microbial Inspector 
 
 
 
Thanks to Dave for following up and clarifying! We all need to be sure the info we share is accurate. 
 
Posted @ Monday, June 21, 2010 10:51 AM by Shawn McCadden
Old lead paint pamphlet On page 4 says: 
 
RENOVATORS disturbing more than 2 square feet of painted surfaces have to give you this pamphlet before starting work. 
 
It's 6 square feet? We don't give them the old pamphlet we give them the new pamphlet. 
 
http://www.epa.gov/lead/pubs/leadpdfe.pdf 
 
There are a lot of issues that need to be ironed out on this law before it can be enforced with any kind of fairness.  
 
Posted @ Wednesday, June 30, 2010 4:33 PM by Josh
I just stumbled across this EPA rule when researching alkyd paint for a project. Couple of thoughts - why is this not posted at Home Depot , Lowe's , hardware, paint stores ? What about the lead that's known to have been leaching out of soldered pipes for years ? What about the noxious exhaust fumes we have to breathe during temperature inversions in large cities ? This is just one more attempt to legislate good judgment. 
Scrape it, vac up the residue, prime and paint. Last I heard, HUD and the FHA were fine with it, I heard nothing about this when I got my last permit in Nash., Tn.for working in a cottage circa 1948. As a previous poster said, EPA, OSHA, IRS, who has the ball here, anyway ? $ 34,000 A DAY ? ! and you didn't kill anybody ? !
Posted @ Thursday, August 19, 2010 7:34 AM by John
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