Get Ready, Complying With the RRP Rule Will Get Much More Expensive
EPA to raise RRP fees

Businesses complying with the EPA RRP Rule should plan ahead for increased costs. Because of EPA's mismanagement and lack of accountability regarding the RRP Rule, the actual costs to administer and enforce the rule have so far dramatically exceeded the fees collected from complying firms. To address the shortfall of funds EPA plans to raise the fees related to the rule. This will likely mean that the cost of firm certification and firm re-certifications will dramatically increase. And, because the RRP rule is required to be self funding, it looks like EPA will need to raise the fees high enough to offset their losses since the program began, as well as their ongoing costs going forward.
The increased costs will definitely add to the advantages non-complying firms have been enjoying so far, further punishing legitimate businesses for complying. I also predict the increased fees will promote more illegal work, therefore more kid will be needlessly poisoned because many in our our government are incompetent.
The amount of the EPA RRP fee increases is not yet known
Because EPA did not do an accurate estimate of program costs and revenues when they set their original fees, money coming in to support rule administration is not coming anywhere close to the actual costs. If EPA were a for profit business they would already have gone out of business when it comes to RRP. But, because the EPA and its leadership are not held to the same standards as for-profit businesses and business leaders, not only will they be allowed to continue operations, those at EPA who are responsible for the RRP rule get to keep their jobs and paychecks, despite such dismal performance. And, rather than concentrate on fixing their business plan to create financial health, EPA can simply charge their customers more money. The problem is that their customers, those who must comply with the rule, do not have any other options they can choose from to do business with.
Here is a summary of information to help you understand what has happened and what to expect going forward
Note: Info below is from an EPA Office of Inspector General Report dated 2/20/13 titled "EPA Is Not Recovering All Its Costs of the Lead-Based Paint Fees Program”
- EPA had not conducted a formal cost study to determine its actual program costs before establishing fees.
- According to the report, EPA is losing money on the RRP program.
- Based on the agency’s estimates since the RRP rule went into effect in 2010, the total loss will amount to around $16.4 million by 2014.
- Fiscal year 2010, the first year of the rule, actually netted a profit of $8.9 million, but costs are exceeding fee collections by $25.3 million for 2011 through 2014.
The report pointed out three issues contributing to the EPA’s unrecovered costs.
- The agency has not conducted recommended biennial cost reviews to ensure that fees are in line with costs. (Think WAG: "Wild Ass Guess")
- The fee structure also does not take into account all the indirect costs needed to recover the cost of administering the RRP program.
- RRP firm participation is lower than the EPA projected.
- The report says that by not recovering all of its program costs, “the federal government did not collect funds that otherwise could have been available to offset the federal budget deficit.” (In business speak this means they contributed to the deficit by operating beyond their means.)
- The OIG recommends that the March 2009 fee schedule for the lead-based paint program be adjusted “to reflect the amount of fees necessary for the program to recover the costs of implementing and enforcing the program.”
- The report indicated that the EPA agrees with the recommendation and "intends" to take “corrective actions".
- According to the report EPA agreed and plans to conduct a biennial cost review of the RRP program in Fiscal Year 2013.
Wrapping this up!
Here is what the EPA Inspector General had to say:
“The President’s Budget Message for FY 2012 states that reducing the long-term federal deficit must be a priority. The federal government is looking for ways to save money and cut unnecessary costs. We believe that EPA could help the federal government in this endeavor by collecting more lead fees to recover more of its costs"
So to save money and cut unnecessary costs, does your business raise its prices too?


The report pointed out three issues contributing to the EPA’s unrecovered costs.
I would suggest the same thing is currently happening to many contractors who resorted to similar tactics. To lower their prices they too at the start of the recent recession took on generic labels and stopped doing any marketing and advertising. They also offered their services with the promise that even at low prices consumers would get the same quality project the well known name brand contractors were offering. Like the generic food manufacturers of the 90's, now that the economy is improving, these contractors are finding it hard to sell anything at all.

“Schemes like this to avoid paying premium undermine the purpose of workers’ comp insurance – to protect workers who are injured on the job – and will result in unwanted attention from our investigators.”
How would you look at that? I know one contractor who had that happen to him. When I asked him about it he told me he was definitely scared about going to prison so he spent big money to hire a good lawyer to try to keep him out of prison. He said the lawyer was successful but he was definitely sweating it right up until the final verdict. He didn’t get any jail time but did have to pay a lot of money in fines. He also told me that when everything was said and done, and based on all the money he saved over the years by cheating, the fine and lawyer fees were far less than the money he saved. He told me he felt it was worth the risk.

The changes Joe has made provide a better level of service and attention to current prospects and customers, and, at the same time, gives Joe the time and ability to also fully focus while meeting with new prospects for the first time. By sharing the workload with the right person and using the right process Joe has improved the service his company delivers and his customers are very happy. He says he now looks forward to working with new prospects as their calls keep rolling in.

Attempting to strategically ramp up staffing needs as the economy improves and get new employees acclimated before your business already needs to have them at high capacity will definitely be a juggling act. There is no better time than now to get that process started. Those contractors who use their past experience in this area and or the shared experiences of a mentor will have a jump on grabbing top talent. They will be the select few who are ready for the business opportunities that will come with an improved remodeling marketplace.
The great recession changed this scenario somewhat due to layoffs and downsizing. The surplus of unemployed field workers got as high as 27% for the construction industry during the recession. Unfortunately many skilled workers left the industry for other jobs, less physical jobs and or better job security. This has set up what is expected to be a major labor shortage problem for our industry as the economy and construction pick up again. Many contractors around the country are already reporting challenges finding skilled carpenters to keep up with construction demand. As the demand goes up, so will the wages that carpenters can demand to either stay at their current jobs or that other contractors will use to lure workers away to work for them.
If you plan to hire additional carpenters as your business volume picks up now is the time to put a plan together for not only finding, but also attracting good carpenters to work for your business and then to get them to stay with your business. The compensation package you put together should not only capture their interest, but also help them see opportunities for future growth and increased compensation if they are loyal and motivated.
The automobile industry uses a flat rate manual to determine the labor costs for auto repair services. The strategy they use is not to estimate the number of hours to do a certain task, but rather the typical actual cost of the labor to perform the task. A repair shop that uses flat rates pays their employees for what they accomplish, not how long it took them to do it. A construction or remodeling business could do something similar. Such a strategy could also help the business and the employees learn where to invest training to improve performance and stimulate wage increases for those who buy into performance based opportunities.

Building product suppliers who have high debt may not be able to finance the cost of increasing their inventories to keep up with the predicted supply and demand challenges as the economy improves. If this happens at your supplier you may find that many products, even common commodities like framing lumber, will be out of stock. Imagine going to the lumberyard first thing in the morning to get the materials you need to frame a deck or reframe that kitchen, only to find out you can’t get what you need. To keep working that day you might have to pay for longer lengths than you need, or might even have to drive to a different supplier in the hopes that they will have what you need so you can work that day. Remember, if you lose two hours chasing materials, in reality you also lost two hours of productive time on the job. That would mean you lost a total of four hours you could have billed your client for if the materials were already at the jobsite.
Lumber and building materials dealers who cut back on staff may also be challenged to help you sell to your customers. If you had a customer who wanted to see the door, cabinets or windows you recommend, will you be able to send them down to your local supplier to see the products they are looking for? What is the condition of the showroom? Is there going to be anyone there to make and take the time to meet with and help your customer? Will the person working at that dealer have the sales skills, product knowledge and knowledge about you and your business to help you make the sale?

Respect. From those first meetings with prospective employees, I've always been careful to offer the utmost respect, particularly when it came to older craftsmen. I respected them based on their many years of experience. I took the time to listen to stories about the good ole' days and how things were done differently. I'd smile and nod my head as I listened. Many of the stories were well-told and well-crafted, providing me with wonderful insights and lessons. I never questioned the knowledge of my senior tradesmen. And if questions ever did arise, I was always careful to ask in a tactful manner.
Building Rapport. Last week, I approached my team – consisting of several individuals in their late 40s and 50s. I had the opportunity to get their feedback on what they enjoyed most about working on my team. Their answers were all based around rapport. They liked the fact I support their decisions and they were grateful for my willingness to step in and help without being asked. As the leader, I've always been quick to step in and get the project back on track if issues arise. In addition, I've learned that communication with these team members must be clear, concise and written. Accommodating them in this way has led to much better productivity and the strong rapport makes for a healthier work environment.

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