Undercover News Investigation Calls Out EPA on Lack of RRP Enforcement

The video below from newsnet5.com offers a good summary of the challenges renovators are up against due to illegal competition and a government that has mandated a law that is meant to protect children without the resources and commitment to follow through. Without enforcement, in addition to causing challenges for complying businesses, the law offers a false sense of security for children and their parents who believe the government is protecting them from lead poisoning.  In fact, as the video points out, the law is in effect actually causing more lead poisoning because of the lower priced illegal contractors who ignore lead-safe work practices.

The RRP rule has definitely contributed to expanding the underground economy in the remodeling industry.   Illegally operating businesses and moonlighters ignoring the rule as well as the required work practices have been stealing work away from legally operating businesses, mostly due to the fact that they can offer much lower prices than those who comply.    This has made it very challenging for many renovators.  It has also put many children at risk of lead poisoning.

At a RRP workshop I attended last week, sponsored by the Lead and Environmental Hazards Association (LEHA), several renovators complained to Mike Wilson of EPA about EPA’s handling so far of the RRP rule.   One after the other renovators cited examples of projects they had lost to other businesses that are ignoring the rule.   Several even reported home owners had laughed at them when they tried discussing the rule and its requirements.    One attendee reported that a homeowner actually told him that he would find another contractor who would ignore the rule as a way of saving money.  It all seemed to be new news to Mike Wilson who told us he oversees RRP Policy, so could not comment specifically about enforcement.  When asked what message he would bring back to the EPA in Washington after the meeting, Mike said he would let them know that regulated contractors wanted a level playing field.   Attendees let Mike know that they have been already giving that same message to EPA, perhaps if Mike delivers the message the leadership at EPA will listen and take action.

EPA Publishes First RRP Enforcement of Lead Safe Work Practices

Today the EPA announced it's first enforcement actions against a renovator for violations of the lead-safe work practices required under the RRP Rule.  

The press release below explains how the violator was investigated after a YouTube video of the the renovator's workers in action was posted showing the total lack of lead-safe work practices in place as the workers used power equipment to remove paint on a rental property on Rockland ME.  

EPA’s investigation found that Mr. Wentworth failed to: obtain required certification as a renovation firm from EPA; post warning signs in the work area; cover the ground in the work area with plastic sheeting to collect falling lead paint debris; contain waste from the renovation activities to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal; prohibit use of machines that remove lead-based paint through high speed operation without HEPA exhaust controls; and establish and maintain records necessary to demonstrate compliance with the Renovation Rule.  

Click here to watch the video which provided all the evidence the EPA needed.

Will this be the first of many press releases by EPA regarding enforcement?   Many contractors who have complied with the RRP rule hope so.  According to Curt Spalding, regional administrator of EPA’s New England office: "Enforcement of these rules is important to protecting children and the business interests of those contractors who are following the rules.” 

Time will tell if anyone else at EPA other Curt Spalding recognizes the importance of enforcement. 

News Release
U.S. Environmental Protection Agency
New England Regional Office
May 16, 2011

Contact: David Deegan, (617) 918-1017

Maine Renovator Faces Penalty for Violations of Lead Renovation Rule

(Boston, Mass. – May 16, 2011) – A Rockland, Maine renovator is facing penalties for allegedly violating requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities.

According to information gathered by inspectors from the Maine Department of Environmental Protection, the U.S. Department of Labor’s Occupational Safety and Health Administration and EPA, two workers employed by Colin Wentworth of Rockland failed to contain dust and debris generated by lead paint removal activities during a repainting project in October 2010.  Although Mr. Wentworth had completed the eight-hour course required by the Lead Renovation, Repair and Painting (RRP) Rule, he did not provide the required training or supervision to his employees to ensure that they followed the required work practices prior to their use of high-speed dust-generating power tools to remove lead paint from the building.  Mr. Wentworth also failed to take steps to obtain the mandatory lead-safe certification for his firm. 

The violations were brought to EPA’s attention via an anonymous tip linking to a video of the violations, posted on YouTube and taken in October 2010.  The video documented workers using power equipment to remove lead paint from an exterior wall of a residential building without using any containment for lead-containing dust and debris. 

At least six children, one of whom was under six years old, lived in the four-unit building at the time of the project.  Infants and young children are especially vulnerable to lead paint exposure, which can cause developmental impairment, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems.  Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.

EPA’s investigation found that Mr. Wentworth failed to: obtain required certification as a renovation firm from EPA; post warning signs in the work area; cover the ground in the work area with plastic sheeting to collect falling lead paint debris; contain waste from the renovation activities to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal; prohibit use of machines that remove lead-based paint through high speed operation without HEPA exhaust controls; and establish and maintain records necessary to demonstrate compliance with the Renovation Rule. 

“In New England we have a high proportion of older houses where lead paint can still be present.  It is critically important that all tradespeople understand and follow the RRP requirements so that during renovations, children are not exposed to lead and face serious, life-long health consequences,” said Curt Spalding, regional administrator of EPA’s New England office. “Many renovation firms have done the right thing by becoming certified, sending their employees to training and following the appropriate, health-protective work practices.  Enforcement of these rules is important to protecting children and the business interests of those contractors who are following the rules.”

EPA’s Renovation, Repair and Painting Rule is designed to prevent exposure to lead-based paint and/or lead-based paint hazards.  The rule requires individuals performing renovations for compensation at most pre-1978 housing to be properly trained.  There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations.

This is the first action EPA has brought against a company or individual for lead safe work-practice violations, under the Renovation, Repair and Painting Rule which became effective on April 22, 2010. The maximum penalty for the alleged violations is $37,500 per violation per day.

This case highlights the importance of high-quality tips that include the name, address, and phone number of the person who allegedly violated the rule, and contain details about the violations observed.  While every such tip doesn’t always result in a formal enforcement action, EPA follows through on tips to identify if violations have occurred and if public or environmental health has been jeopardized. 

- Report environmental violation tips anywhere in the USA (http://www.epa.gov/compliance/complaints/index.html)

- Report lead hazard tips in New England: (http://www.epa.gov/region1/enforcement/leadpaint/RenovationRepairPaintComplaintForm.html)

More information:

- Lead paint RRP rule (http://epa.gov/lead/pubs/renovation.htm)

- Why lead is a health hazard (http://epa.gov/lead/pubs/leadinfo.htm#health)

#  #  #

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.  They offer a complete assortment of multi-part carbon forms, signage and checklists to assist you and your employees with RRP compliance

Opportunity to Discuss RRP Rule with MA and EPA Officials

The RRP Rule has certainly changed the game for remodelers and remodeling consumers.   I have met with EPA officials in the past to discuss challenges within the rule itself and the challenges created by EPA for those business that are abiding by the rule due to the lack of any serious enforcement to date against violators.  So far, trying to work with EPA has been very frustrating.   Little has been accomplished.  As a result, the underground economy in remodeling has grown, making it difficult for legitimate businesses to compete against it.  This is also in effect poisoning more children as home owners choose to hire non-certified workers who are not using lead-safe practices and or are doing the work themselves without the use of lead-safe practices

On the other hand, since taking over the RRP Rule in MA, working with MA state officials has been much more productive. The Massachusetts Department of Labor Standards (DLS), formally called the Massachusetts Division of Occupational Safety, under the leadership of the department's Director Heather Rowe, has been very receptive to meeting with concerned stakeholders, hearing and recognizing stakeholder's concerns, and working with stakeholders to address their concerns.  Currently, in addition to working on amendments to the RRP regulations in MA to address concerns, the DLS is also finalizing their plans to step up enforcement and compliance actions this spring as the home improvement season begins.  Is it happening as fast as we all might like, no.   However, based on budget and resource realities, I think DLS is doing a good job listening and prioritizing their efforts.

As one way to continue their efforts and interact with stakeholders, the Massachusetts Department of Labor Standards is looking for additional input from contractors and lead industry practitioners in anticipation of making amendments to the MA RRP regulations. An official from this agency will be participating in a May 18 workshop on the RRP Rule being held in Marlborough, MA sponsored by the Lead and Environmental Hazards Association (LEHA) and will be discussing the Department’s plans for revising the RRP regulations as well as the Department's enforcement efforts.

Also participating in the workshop will be a representative from the MA Department of Health's CLPPP office who will discuss the differences between deleading authorization/licensing and RRP certification, as well as a representative from the EPA Office of Pollution Prevention and Toxics - the agency responsible for EPA’s implementation of the RRP Rule. 

Joining the MA and EPA officials will be industry specialists, including myself and public agency representatives from CT, MA, RI and VT who will address:

 -  How the Prescribed Work Practices are stifling innovation, lead by Shawn McCadden  (Read this for more on this topic)
 -  Variations between RRP, Federal/State Work Practices, OSHA Worker Safety Rules
 -  Promotion and Enforcement Strategies, Including the Use of Building Permits 
 -  Delegation of the RRP Rule by New England States

If you are interested in attending the one-day workshop, go to www.rrprule.com for complete agenda, location and registration details.  I hope I will see you there.

Lead Poisoning Is Growing In Belmont MA

On Sunday April 24, 2011 I read an article in the Boston Sunday Globe by Erica Noonan titled Back to the Garden.  The article was about the Victory Gardens in Belmont MA.   Noonan did a great job describing the history of gardens, who uses them, how people decorate them and what people are growing in them ranging from flowers to food.  What caught my eye was a picture of an old wooden window sash used to decorate one of the gardens.  I instantly suspected the sash could contain lead paint and if so, could cause serious health concerns.  On Monday afternoon I stopped by the Gardens to check it out.  The video below tells the story.  

As you can see from the video gardeners are definitely bringing lead paint into the gardens.  As the paint breaks down due to age and exposure to the elements the lead dust and chips are falling and/or are  being washed by the rain onto the ground contaminating the soil being used by the gardeners.  In addition to window sashes I also found and tested several gates, boards and doors that also contained lead paint.

I suggest gardeners everywhere need to be aware of the risks they take on when using old painted materials in their gardens.  Of course it is best to not bring items containing lead or lead paint into your garden, but unfortunately someone else may have already done so in the past.  Also, if you plant a garden next to the walls of an older home, it is best to assume the soil is contaminated with lead.  Years of peeling, scraping, sanding and repainting of the siding on a home can drop lead chips and dust onto the soils around your home.  Without testing you will never know if the soil has been contaminated.

On a web site by the name of BelmontPatch.com one of the gardeners, Marilyn Decource, commented about the gardens:
It's wonderful, she said, to have the community garden plot so close to her home where she can come a few hours to tend her plants every other day.  "It's good to be able to eat something organic. You really can't get vegetables this good at a grocery store."   Perhaps part of her success in the plot is that she doesn't use pesticides or fertilizer but does sprinkle a layer of compost over the entire garden, Decourcey said. This year, she added a layer of manure to the soil.

Marilyn might want to do a little research about gardening in lead contaminated soils before assuming her vegetables are safe to eat.  Click here to learn about the signs of lead poisoning.

To be safe, gardeners should do their own research if they suspect their garden may contain lead.  Here is some information I found at the Cornell University website about gardening in lead contaminated soils:
 
When gardening in lead contaminated soils, safety measures should be taken.

• Wear gloves, or wash hands thoroughly after gardening and especially before eating, and be sure small children do not eat garden soil. Gardeners can bring lead-contaminated soil into the house on shoes and clothes, increasing levels of lead soil and dust in the home. This is especially a concern for crawling toddlers and infants. Remember that children tend to be at a greater risk of lead exposure from soils when the soil is directly taken into the body.
• Plants may absorb some of the lead present in soil through their roots. Any lead that is absorbed tends to concentrate in leaves and the outer part of roots, so peel root crops such as beets, carrots, turnips, and radishes before eating.
• Grow vegetables that produce edible fruits such as tomato, peppers, cucumber, squash, etc. Lead absorption into plants does not concentrate in the fruits.
• If your soil has a lead contamination problem, grow fewer edible fruits and vegetables and more flowers, trees and shrubs.

Like construction workers who are exposed to lead in the course of their work, Gardeners should also consider that their skin and their clothes may become contaminated.  Always wash your hands immediately after gardening and definitely before eating, drinking or smoking to avoid ingesting lead dust.   To reduce the risk of bringing lead contaminated soil into the home, rinse and launder gardening clothing promptly.  Being educated about the dangers of lead and ways to protect yourself as well as your family can help make sure you’re not growing a lead problem in your garden.  

If you would like more information about the Belmont Victory Gardens click here, or contact Conservation Commission Agent Mary Trudeau in the Office of Community Development at 617-993-2667 or mtrudeau@belmont-ma.gov

A Fast, Clean and Safe Way to Remove Lead Paint

One Person’s Opinion: Catherine Brooks, MBA is the owner of a small business, Eco-Strip LLC since 2003. Previous to starting this second business, she owned a consulting practice and worked for 20 years with small private companies, local and state governments, and OSHA. Her specialties were public health, recycling, and executive training. She comes from the Eastern Shore of the Chesapeake Bay. There she learned the hard way that moisture can destroy a paint job. She regrets that she power-washed her older home several years ago and SOON will now have to repaint it.  

A Fast, Clean and Safe Way to Remove Lead Paint

Good painters know that surface preparation before repainting is critical for quality and longevity of new paint. They also know that thick paint removal is a pain. Plus, most paint applied before 1978 is lead-based. With the new EPA's RRP rule, dry abrasive methods such as power sanding, power planing, and mechanical scraping without vacuum attachments are prohibited; so is high temperature heat gun usage. These methods create and disperse lead dust, chips, and vapors which are seriously harmful to children and adults. Some contractors are upset with the requirements imposed by RRP, but the US is way behind European countries in regard to lead paint safety.

In the late 1980s, a safer and more eco-friendly method was developed in Sweden by a historic restoration painter. This method uses mid-range, infrared heat waves to heat both the substrate and the paint at a lower temperature. Therefore, it greatly reduces the hazards of removing lead-based paint in three ways:

1. Metallic lead vaporizes at 1,100°F (the temperature at which high heat guns operate). The mid-range infrared heat waves heat the paint and wood only to 400-600º F. Dangerous lead fumes are not released. 
2. Containing lead dust is difficult and costly but critical to prevent operator, building occupants, and the environment from being contaminated. The scraping of the soft paint created by the infrared heat generates minimum dust; dry scraping, sanding or shaving paint creates lots.
3. The soft paint scrapings clump together and drop onto a plastic sheeting; they are easier to contain and bag up. While pressure washing surfaces may be faster, it leaves water full of paint chips in the work area’s soil, making it difficult to clean up without removing the top soil itself. Use of toxic or non-toxic chemical paint removers leaves messy goo also difficult to contain.

Another key consideration in paint removal is the impact on wood, especially old, more valuable wood. Chemicals leach out natural resins and leave residue even after rinsing. High heat (1,100ºF) guns force paint pigment back into the wood and risk scorching and igniting wood. Sanding and shaving leave gouge and burn marks if not done skillfully. Pressure washing and new steam paint removal methods often leave irregular surface marks in the wood, drive moisture back into the wood, and create layers of “gray wood” which must be scraped away and or they will threaten the adherence of new paint.  All of these methods can damage wood.

Infrared heat paint removal can be the gentlest process on the wood. The infrared heat penetrates into the wood and pulls up natural resins, paint, and moisture deep within and rejuvenates the old wood. Yet, the lower temperature of 400-600° F. minimizes the risk of scorching the wood or catching it on fire. The stories of these heat gun fires are legendary.

The time for the entire surface preparation process is reduced using the infrared heat method. Set up, operation, and cleanup are faster than with other methods. There is no extra time for rinsing, neutralization, drying, or sanding the wood; it is immediately ready for primer.

Since there are several brands of infrared paint removers on the market, look for these qualities:

• UL listing to verify safety testing.
• Shock absorbers to reduce bulb breakage.
• Automatic, overheat shut-off mechanism to prevent damage to the machine and the wood and to prevent paint overheating.
• Built-in safety shields extending beyond the infrared bulbs that set the correct distance between the bulbs and the painted wood. These shields eliminate the operator’s guesswork about what distance is safe yet effective and also reduce overheating.
• Comprehensive instruction materials and training videos to assure quick operator proficiency, safe operation, and proper maintenance of the machine.

Infrared heat for paint removal is a new technology whose time has come. Preservation of older homes rather than demolition is growing. People are choosing to rejuvenate their old homes for aesthetic, historic, and ecological reasons. Infrared paint removal offers a safer, gentler, and more ecological method to remove lead-based paint and bringing old wood back to life.

Contact: Catherine Brooks, Eco-Strip LLC with questions at cbrooks@eco-strip.com. Further information is at www.eco-strip.com

Now, RRP Renovators Can Keep An Eye On Big Brother!

Many renovators have expressed concerns about what the EPA is and/or will be doing regarding enforcement of the RRP Rule.  Those who are operating illegally are concerned that EPA may find them and inspect, those who are abiding by the rule are wondering when EPA will do inspections and catch their illegal completion.  Now, thanks to the folks at Check4Lead, renovators have an on-line tool to report and view EPA RRP Inspections across the country. Essentially, the tool allows renovators to keep an eye on “Big Brother”.

The new tool, called EPA Audit Tracker, allows visitors to view the locations of EPA and OSHA inspections related to RRP on a Google Map.  Pin drops appear on the map to mark the location of audits and a variety of different pin drops are used to distinguish between the government agencies doing the audits.  The tool has just been released, so there are not a lot of pin drops yet.   I suspect that will change quickly as renovators become aware of the tool and contribute.

The tool is very easy to use. To report an audit, users can click on the report icon to open a reporting screen.  When the reporting screen opens there is a text box call “your Story” where visitors can report the audit, share details of the audit and express their opinions.   A zip code field is used to locate the pin drops on the map and a valid e-mail address for the person posting the report is required. 

Scott Turman, an owner and product manager at Check for Lead LLC tells me that reports will be manually reviewed for validity and appropriate langauge before being posted to the map.  He also told me, using the required e-mail address; his staff may actually contact the person reporting the audit to verify the report.  After the pin drop is added, visitors can click on the pin drop to view the report.

In my opinion this tool will be helpful for those renovators following RRP requirements for a variety of reasons.  For example, it will help level the playing field for legally operating businesses if the awareness of audits persuades illegal businesses to change their ways. Because the tool allows those reporting audits to include details about the audit, renovators will learn what to expect and how to better handle an audit if one happens to them. Also, for those who like to help their peers, being able to submit a report that is informative and shares constructive advice becomes a win-win for both the reporter and those who read the reports.

On the other hand, the tool will not likely be helpful to those who knowingly and willfully violate the rule. Knowing where EPA, OSHA and/or states agencies are doing inspections or audits won’t be much help in hiding from an inspector.   As we have seen, job site inspections are not likely.  Removing magnetic signs or parking their trucks out of view won’t protect violators from an audit.  The required documentation gives the authorities the ability to retroactively inspect work practices as well as compliance with owner and occupant pre-notification requirements.  Because the EPA rule dictates that all required documentation be kept for three years, one visit to a renovator’s office by EPA can uncover enough violations and justify enough fines to put an illegal business out of business.  The Massachusetts requirement for storing documents is 10 years, giving illegal businesses in that state much more to be worried about.

I commend the folks at Check4Lead for providing this tool.   In addition to the tools, supplies and compliance colateral they offer at their web site, the EPA Audit Tracker Tool will definitely ultimately help renovators comply with the rule, improve their ability to prove compliance and give them insight on handling an audit.

5 Things Your RRP Trainer Probably Forgot To Tell You

One Person’s Opinion: This is a guest blog submitted by Janet M. Kerley to express her opinion.  Janet M. Kerley, CHMM is the Lead Pb Trainer for the Santa Fe Community College Lead Training Program. In her spare time, she developed the smartphone app, RRP Comply,  to assist contractors in stepping through the RRP requirements. If you would like to express your opinion or offer something of value for RRPedia visitors let me know.  

5 Things Your RRP Trainer Probably Forgot To Tell You

The EPA (with HUD) developed the standardized Renovation, Repair and Painting Rule courses to train contractors on how to comply with the RRP Rule.  As an experienced environmental professional, I believe the training materials leave out some critical information that contractors should know about how the EPA actually enforces its regulations.  Here are some additional recommendations that I provide in my classes to assist contractors in preparing to meet the EPA:

• Keep RRP documents and records separate from your project notes and financial records.   
• Keep RRP documents and records readily available.
• Document (take a photo, write a memo-to-file, get a signature, get copies of certificates, etc.) on all RRP requirements.
• Pay attention to and stick to the established deadlines within the RRP.
• Work closely with other contractors on the job to maintain consistency in all RRP recordkeeping.
• Establish a clear pattern of compliance within your company and your subcontractors.

While EPA inspectors might actually show up at your job site, the most probable scenario is they will show up at your office and ask to review your records for the previous three years.  Let me explain why I make the above recommendations.

The EPA typically uses a variety of economic models (ABEL, BEN, INDIPAY, MUNIPAY, PROJECT) to calculate fines and penalties for violators. Handing the EPA inspector your costs and profit information in your project file just makes their job easier.  If they find a violation, there is an established procedure for requesting company financial information during the enforcement process.  

Since we are in the implementation phase of RRP, there are still many gray areas in the rule that will get resolved over the next three to five years.  Until then, keeping your project notes separate from the required recordkeeping prevents an inexperienced regulator from jumping on a misplaced word in your documents.

The definition of ‘readily available’ varies widely. For example, OSHA allows up to 24 hours for businesses to produce some types of required records.  When the EPA inspector walks in and asks for your RRP documents, you should be able to open a file drawer, pull out a box, or hand them a CD with all of your records within a 15 to 30 minute time frame.  Otherwise, they pull out their ticket book and start writing violations.

EPA does not allow hearsay compliance. If it isn’t written down, it didn’t happen.  You can stand there and tell them that you used containment on every job.  But, a picture of your jobsites with you pointing to the warning sign outside your containment demonstrates compliance beyond any doubt. Pictures are worth a thousand words…and don’t forget to set your date and time stamp on your photo.

EPA loves to catch us on the dates.  For example, contractors are required to provide the Lead Test Documents to the client within 30 days of completion of the project.  We have a training slide that says that but the provided form does not have a location to document receipt of the test results. I recommend you insert a line that says ‘Received By’ with a place for your client’s signature and date in the Client Information box on the Lead Test Documentation form.  Perform the test, hand it to your client to sign, and then make copies.  

Arrange to meet with all other renovators, subcontractors, specialty craftsmen on the project to determine who is going to be the Assigned Renovator.  Coordinate with all companies on a LBP project before, during and after to make sure everyone’s documentation is correct and complete.  It only takes one bad apple for the EPA to dig into everybody’s apple crate.

By keeping timely, correct, and proper documentation on your projects that fall under the RRP Rule requirements, you can establish a pattern of compliance.  If your recordkeeping is available, comprehensive to the rule’s requirements, and somewhat orderly, the EPA inspector will not be inclined to dig too deep to find minor non-conformances.  

Remember: The LBP job is not done until the paperwork is complete.  It can be a very costly mistake. 

Does Economy Buster RRP Have Any Factual Basis?  

One Person’s Opinion: This is a guest blog submitted by Ray Douglas to express his opinion.  Ray is a remodeling contractor in Brodhead, Wisconsin and has been in business for 34 years. He comments and contributes to RRPedia quite often.  If you would like to express your opinion or offer something of value for RRPedia visitors let me know.

Does Economy Buster RRP Have Any Factual Basis

If lead dust from remodeling is the main reason for elevated blood lead levels (EBBL’s) in children, then why did EBBL’s in children drop dramatically during the same ten year period (1997-2007) that remodeling activities doubled?  The CDC and Harvard University Joint Center for Housing Studies charts below show this.

In a recent blog, the question was asked of the Director of Massachusetts’ Childhood Lead Poisoning Prevention Program; “How many children in Massachusetts were poisoned by lead due to renovation?”  The answer:  “He had no idea and said the Commonwealth doesn’t track the source of the poisoning.”

A Mercatus Reports article written by Alastair Walling in 2006 states:  “Even though the details of their own studies show little in the way of a link between R&R work and elevated blood lead, the EPA is persisting with its planned certification of R&R workers.  The proposed rules may not produce lower blood-lead levels, but they will raise the cost of renovation and remodeling.”

In a letter dated 11-27-2009, written by SBA Office of Advocacy that was sent to EPA administrator Jackson, makes the following statement:  “Advocacy believes that the evidence in fact shows that private contractors (i.e., professional renovators) subject to reasonable cleanup standards, including the “no visible dust or debris” standard, do not create additional health hazards.”

When you remove all the smoke and mirrors from this rule, the EPA can prove two thoughts; 1 Some remodeling activities create dust   2 Lead paint dust can create or raise EBLL’s    Independent of each other those two statements can be proven, but the combination (which is a major foundational reason for RRP) is not so clear.  Why?

The EPA admits there are several other sources of lead exposure.  These include lead in soil, water, toys, glassware etc. The following links provide some examples:

• All Lead Recalls Posted By the CDC
• Congressional Report Prompts Fear and Anger Over Lead In D.C. Water

If it was suspected that a child got EBBL’s from a remodeling activity, were all the other possibilities of lead exposure ruled out?  Was everything that the child touched or ingested also tested?  That would almost be impossible to do. However, by not doing so, how can it be proven that any lead dust generated by responsible remodelers is a leading cause of EBBL’s in children?  

If the EPA had confidence in the RRP rule, why didn’t they add the following statement inside the RRP Renovate Right pamphlet:

“The contractor, by following these rules, will contain all the lead dust he/she created doing your project, and cannot be held liable for any other past, present or future lead contamination or exposure.”

Because of the extra costs, and the lack of consumer awareness about the dangers of lead, this rule is a tough sell to the customer. It becomes an even tougher sell when the customer asks for evidence to justify the rule.  As discussed above, there is a lot of information that questions the need for it. So, unfortunately, the best answer a contractor may be able to offer is “because it’s the law”.  

Since I can’t explain to the customer the need for this rule, I encourage my customers and prospects to contact their state and federal representatives and ask them to provide facts and figures to explain the need for the RRP rule.  To assist them with this, I supply them with a letter to send to their representatives along with a stamped and addressed envelope.  I encourage all other contractors to consider doing the same.  

To make sending the letters easier, Shawn and I have created sample letter templates that can be shared with and used by remodeling customers and concerned homeowners.  There is a sample contractor letter available as well.  Click here to view or download the letter templates.   Special thanks to Melanie Hodgdon of Business Systems Management for helping edit the letters and for suggesting some of the content of the letters.  

Breaking News Release!

3M Acquires Hybrivet Systems Inc.

This Just released at 10AM February 17, 2011

ST. PAUL, Minn. – Feb. 17, 2011 – 3M announced today it has acquired Hybrivet Systems Inc., a leading provider of instant-read products to detect lead and other contaminants and toxins. Terms of the transaction were not disclosed.

Hybrivet Systems Inc.’s flagship product is LeadCheck^® Swabs, which is widely recognized as the fastest, easiest, most cost-effective lead detection product on the market. LeadCheck® has been at the forefront of lead detection and awareness since 1991.

The addition of Hybrivet Systems Inc. provides 3M immediate access to the potentially large market for testing paints in older houses and commercial buildings for lead to meet new Environmental Protection Agency lead-safe work practices regulations.  LeadCheck® was the first EPA recognized instant test kit under the Renovation, Repair and Painting rule that went into effect April 20, 2010.

“The LeadCheck products complement and build on our paint preparation, tape and safety businesses and broaden our product offerings in the paint aisle,” said Jack Truong, vice president and general manager, 3M Construction and Home Improvement Markets Division.

Hybrivet Systems Inc. is based in Natick, Mass and employees 11 people. 

About Hybrivet Systems Inc.

Founded in 1987 by Marcia Stone, PhD, Hybrivet Systems Inc. is passionately dedicated to protecting the public from contaminants and toxins by offering a series of instant-read detection products. Recognized by the EPA, LeadCheck^® Swabs are the most effective way for Certified Trainers and contractors to comply with the EPA Repair, Renovation and Painting (RRP) rule. Commercially available to all contractors, EPA trainers, and home owners, LeadCheck swabs help protect families, and especially children, against lead poisoning.

About 3M

3M captures the spark of new ideas and transforms them into thousands of ingenious products. Our culture of creative collaboration inspires a never-ending stream of powerful technologies that make life better. 3M is the innovation company that never stops inventing. With $27 billion in sales, 3M employs about 80,000 people worldwide and has operations in more than 65 countries. For more information, visit www.3M.com or follow @3MNews on Twitter.

Media Contact:

Donna Fleming Runyon, 3M

(651) 736-7646

Investor Contacts:

Matt Ginter, 3M

(651) 733-8206

Bruce Jermeland, 3M

(651) 733-1807

I am writing this to explain my feelings about RRP

One Person’s Opinion: This is a guest blog submitted by Joe Levitch of Levco Builders to express his opinion.  Joe is a remodeling contractor and he is also a Licensed Lead Inspector and the owner of Lead Locators, a lead inspection firm in Boise Idaho. He comments and contributes to RRPedia quite often.  If you would like to express your opinion or offer something of value for RRPedia visitors let me know.

I am writing this to explain my feelings about RRP

There is a wide spectrum of folks who have been affected by the RRP rule from carpenters with a pickup and a dog, to multimillion dollar companies. Not all trades have the same challenges. I believe the painters have it the worst of all with their vertical containment issues and the concern of using ladders over plastic covered surfaces. However, since RRP is a blanket rule for all trades, I suggest we all need to be involved in collectively solving each other’s dilemmas.

How we all choose to respond to the EPA’s oversight of the remodeling industry is a personal one.   I will be the first to admit that initially I found it difficult to understand how invisible dust particles can cause serious health hazards.  But with a little research, I got it. I suggest you can understand it too. Take my word for it, or look it up. I’m sure you will come to the same conclusion.

Not everyone wants to have a real business.  I often describe that my business was akin to “A Lemonade Stand” (Not that I don’t like them in fact I have a family rule that it is illegal to pass one up without stopping).  I have evolved it into a real business and have accepted the responsibilities that go along with it.  My big step forward occurred when I joined NARI.

The business part turns me on right now.  However, I understand that there are those who prefer the hands on, the nail gun and the saw.  I happen to prefer the keyboard and the pen.  Having this new RRP rule is a huge challenge to incorporate into any business and I feel many of the same pressures you do.  I believe following the rules and separating my business from others will take me to the next level of success. I also understand there are those who are seeing it from a totally different perspective.

It reminds me of an old story from India about the six blind men that were asked to touch a different part of an elephant and describe what an elephant looks like. The man that touched the leg said it is like a pillar.  The man that touched the tail said an elephant is like a rope; and so on. The truth is that each man is absolutely correct. Only the sighted person can see what the elephant looks like as a whole.

From the perspective of a carpenter the RRP rule is a pain in the butt. From the homeowner’s perspective, it is a way to keep her kids safer, and it jacks up the price for remodeling. From many professional remodelers’ perspectives, the RRP rule is another level of certification and a credential that sets them apart from the competition.  No matter how you look at RRP, it is a new requirement and changes the game we were all used to.

As an industry I would like us to see us move to the fifth step in the Kübler-Ross model made famous in her 1969 book, On Death and Dying.

1. Denial= “ I feel fine, this can’t be happening to me“ (This was done prior to 4-22-2010)
2. Anger =”Why me?” (Lots of this still floating around)
3. Bargaining= “Just let me do it the way we always have… I did a fine job of cleaning.” (Some professional organizations are still lobbying for this.)
4. Depression= “I am so sad, why do I even bother?” (A whole lot of us are dealing with this)
5. Acceptance= “It’s going to be okay, I can do this thing”  (Most larger companies and some of the rest are well on the way to incorporating the RRP rule into their marketing strategies)

There is a sufficient body of scientific evidence that lead dust is created during renovation and while disturbing lead based painted surfaces. There is also a significant body of medical knowledge that lead is bad for people. I am educating my perspective clients as fast as I can. To the extent that they get it, and see a value in what I offer, I will be a clear choice for those who live in Pre 1978 homes.

For those among us that have made it to the fifth level, I would like to open a national discussion about how we are coping with the challenges and succeeding. The East coast has been dealing with these issues for a lot longer that the West. Shawn has been gracious enough to share the stage for a moment and see if the concept gains traction. My goal is to plant the seed.