I am sure you have heard this popular legal mantra, that “Ignorance of the law is no excuse.” Really, so what might happen if a regulatory agency does not inform the public that such a regulation exists? Well, according to one agency’s own internal documents; “If the regulation is not accompanied by education efforts and enforcement, then we could unintentionally drive up demand for non-compliant renovation projects.”
Did you know that Executive Order 12866 calls for three findings to justify the need for a federal regulation? First, there must be a description of the market failure or social purpose that can be met via the regulation. Secondly, there should be an explanation of why the regulation should be carried out at the federal level. Finally, there should be a discussion of why the current regulatory initiatives are not sufficient to correct the market failure.
So when the first criteria is met due to “Incomplete/Incorrect Information…” and it will be corrected by: “by providing information to the consumer and contractor about the risk associated…“ you would expect that said agency would make sure that informing the public would be one of its primary focus. Well, here we are counting down to one of the biggest regulations to hit the pre-1978 housing market and still hardly anyone knows anything about it. The most optimistic survey I have seen shows that maybe 20% of all the affected contractors even have a clue about it. Homeowners, realtors and other affected parties – maybe 1% do. How about those that know about the regulation, or are supposed to train people on it? Well I can honestly tell you that pure confusion reigns due to bad information, personal agendas, etc…
The agency in charge of this fiasco – The EPA
The new regulation – Title 40 Part 745 — LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES
I have covered many of the basics in these articles on the EPA RRP Rule. Two of the biggest items are that one individual must be trained as a Certified Lead Renovator and that any firms wishing to work on pre 1978 homes has to become a Certified Firm. The Certified Firm is a major issue, because if you are not certified come April 22nd, you cannot work in or sign a contract on a pre-78 house (even if the project was under way). One item mentioned on the EPA’s site repeatedly is that it could take up to 90 days to get your firm certified.
I remember reading on the EPA’s site, and hearing it from a few instructors that no other state besides Wisconsin was close to becoming certified by them. So everyone except for firms located in Wisconsin needed to register as a certified firm. Based on that information and a quick check back then of all applicable Alabama government websites, (which showed no action or knowledge of it) we sent in our Firm Certification back in during December. About 3 weeks ago, we are reading about North Carolina & Iowa all of a sudden being certified, with no mention of any other states being close. Imagine my surprise this morning when I come across this site: http://www.healthyhomestraining.org/RRP/State.htm where it has our state listed as Pending with a ruling expected by the end of this month.
So what happens in this state if Alabama all of a sudden takes over the program? Will the prior required training certificate work? What about the firm certification form and money already sent “in good faith”? How about all the other states that are listed or are working on this program? Are there any other states that we do not know about? How about providing those of us trying to comply with your regulations, some legitimate information?
While we are at it, how about you release the true costs for the homeowners and contractors that abide with this? The first cost estimates you released stated it would only add about $35 to the cost of a job. Then all of a sudden when most of us scoffed at this price, you come up with a range from $8 to $167 a job. What is hilarious is apparently you forgot about the Freedom of Information Act & that we can go back and look at your original documents like this one . Based off your fuzzy math using 2005 numbers – it was figured that the containment costs per job would run anywhere from $22.67 to $527.89 per job using “flexible work practices” not the harder prescriptive methods you have imposed. I can guarantee you that the $22 number is still too low based on just the paperwork and homeowner education aspect.
Can you explain to everyone why your only approved test kit is “not recognized” for testing drywall or plaster? You do realize that this is a NIST certified product that exceeds your requirements? How do you even start to justify this?
Why did you change your original proposal that originally called for a two-phase roll out? Why was the rollout pushed so fast? Your original requirements showed that it would take a year using 168 training companies to provide the needed training for half the appropriate individuals (2-phase rollout). So why is it that once training was allowed to start, you have only allowed 6 months for training, and have only certified 133 firms to date? So how about it everyone, care to take a step back, answer the questions, and get this program rolled out in a more sensible manner? How about giving the states that wish to take over this program, the time required to do so?
Maybe we need an Executive Order that states that those that come up with said rules, regulations and laws must adequately inform and educate the public about them along with any changes made after the fact.
My .02,
Sean Lintow Sr. – Owner
SLS Construction
Way to go! Sounds good to me.
EXACTLY! So frustrating.
Sean, Here is a letter I sent to all 100 Senators across the country. Only Senator Warner from Virginia responded, rather lame response at that. Here’s the content of the letter I sent to them all.
Senator,
As a professional remodeler in the business for over thirty
years, I am shocked at the passage of the RRP rule by the EPA.
Background in a nutshell: The EPA has issued a rule,
effective April 22, 2010 that requires only EPA trained & certified professionals
to perform work on the nations pre-1978 homes. Anyone caught in violation of
this rule will be fined $37,000.00 per day per occurrence. Although many
professionals have been trained and certified thus far, most are STILL
unwilling to subject themselves to these debilitating fines imposed by the EPA
for even the slightest infraction.
Personally, I am outraged about these new regulations and
likewise I am deeply concerned about the future of my career.
I’m all for “playing it safe” when it comes to dangerous material,
but this is nothing but legalized extortion on the part of the Federal
Government.
I took a class to obtain my EPA certification for “lead-safe”
practices. But many other business owners and remodelers who attended this
class stated they would steer clear of the pre-1978 buildings, just as a
precaution. Running the risk of being penalized by fines this debilitating is
very intimidating and simply not worth the hassle. This comes at a time
when remodelers are clamoring for what little work there is just to provide for
their families. And our dear president has the audacity to proclaim the number
of “green” jobs he’s creating to make homes more energy efficient,
while the EPA lies in wait for a contractor to jump on this perceived
opportunity.
My own business has been struggling to survive this recession. With these new
rules in place, it’s better for me to close up shop for good to find another
line of work altogether.
I think it is an outrage that our government would turn against it’s own people
and use lead, asbestos or any other man-made material as a means to extort
money from its citizens. If the EPA is so concerned about this issue, then why
aren’t THEY cleaning up the lead and other hazardous material from our homes and
businesses?
Homeowners of pre-1978 homes are just now beginning to grasp
what this means for them in regards to costs of repair & maintenance, not
to mention loss of property values as they attempt to market a home that is
registered with the EPA as contaminated by lead.
As of now, several professionals in this industry are
circumventing this issue by several means:
One is to completely avoid homes that are considered “target”
housing. (1978 and older) Another is
telling homeowners that they need to perform all of the demolition &
removal of contaminated material from the jobsite before they (the remodeler)
will come into the picture. Another is
performing the work without any building permit so as not to raise any
suspicion regarding the work performed. This is only the beginning.
All of these scenarios will only subject MORE people to the
hazards of lead dust, not less. This
whole RRP fiasco will only cause the opposite of their stated goals.
I’m personally telling my clients to perform the demo themselves,
so they’ll end up saving thousands of dollars in labor and documentation costs
and thus avoid having their home registered as a contaminated site.
Over time, homebuyers will opt to purchase only homes built
after 1978, to avoid all of the unnecessary headaches of the pre-1978 homes,
thus rendering the latter homes near worthless. This will be great news for downtown historic districts
that are already suffering from the ills of long-term neglect, coupled with
this lackluster economy.
My gripe with you and other “representatives” is that you
have failed to represent those of us who make up this industry that is vital to
our nations economy and recovery. You have failed to represent the best
interest of homeowners whose homes are built in 1978 and older. (The value of
our real estate is probably more important than the price of gold) You have
also failed the women & children
whom this rule is aimed to protect due to the fact that run-down apartments and
inner city housing will continue to deteriorate all across this country due to
the fact that no serious & professional contractor will be willing to risk
bankruptcy to work on these older properties. Thus raising the lead exposure
levels on those who need the most protection from this hazardous dust.
Historic preservation is rapidly becoming a thing of the
past.
I, like many others in my field, will abandon my past
profession for something new.
I hope you take this as a dose of reality, it’s been my
reality since this all started.
Bill Wine/
Historic Restorations
Woodstock,
Virginia
Phone: 540-459-8455
Great letter but unfortunately as you point out – they don’t care about representing us unless it gets them some votes. Got to love that only 1 Senator from your State responded, hopefully some common sense will break out, but I am not holding my breath. As we used to say in Arizona – lock the doors & latch your windows, the Legislature is back in session
Way to go! Sounds good to me.
EXACTLY! So frustrating.
Sean, Here is a letter I sent to all 100 Senators across the country. Only Senator Warner from Virginia responded, rather lame response at that. Here’s the content of the letter I sent to them all.
Senator,
As a professional remodeler in the business for over thirty
years, I am shocked at the passage of the RRP rule by the EPA.
Background in a nutshell: The EPA has issued a rule,
effective April 22, 2010 that requires only EPA trained & certified professionals
to perform work on the nations pre-1978 homes. Anyone caught in violation of
this rule will be fined $37,000.00 per day per occurrence. Although many
professionals have been trained and certified thus far, most are STILL
unwilling to subject themselves to these debilitating fines imposed by the EPA
for even the slightest infraction.
Personally, I am outraged about these new regulations and
likewise I am deeply concerned about the future of my career.
I’m all for “playing it safe” when it comes to dangerous material,
but this is nothing but legalized extortion on the part of the Federal
Government.
I took a class to obtain my EPA certification for “lead-safe”
practices. But many other business owners and remodelers who attended this
class stated they would steer clear of the pre-1978 buildings, just as a
precaution. Running the risk of being penalized by fines this debilitating is
very intimidating and simply not worth the hassle. This comes at a time
when remodelers are clamoring for what little work there is just to provide for
their families. And our dear president has the audacity to proclaim the number
of “green” jobs he’s creating to make homes more energy efficient,
while the EPA lies in wait for a contractor to jump on this perceived
opportunity.
My own business has been struggling to survive this recession. With these new
rules in place, it’s better for me to close up shop for good to find another
line of work altogether.
I think it is an outrage that our government would turn against it’s own people
and use lead, asbestos or any other man-made material as a means to extort
money from its citizens. If the EPA is so concerned about this issue, then why
aren’t THEY cleaning up the lead and other hazardous material from our homes and
businesses?
Homeowners of pre-1978 homes are just now beginning to grasp
what this means for them in regards to costs of repair & maintenance, not
to mention loss of property values as they attempt to market a home that is
registered with the EPA as contaminated by lead.
As of now, several professionals in this industry are
circumventing this issue by several means:
One is to completely avoid homes that are considered “target”
housing. (1978 and older) Another is
telling homeowners that they need to perform all of the demolition &
removal of contaminated material from the jobsite before they (the remodeler)
will come into the picture. Another is
performing the work without any building permit so as not to raise any
suspicion regarding the work performed. This is only the beginning.
All of these scenarios will only subject MORE people to the
hazards of lead dust, not less. This
whole RRP fiasco will only cause the opposite of their stated goals.
I’m personally telling my clients to perform the demo themselves,
so they’ll end up saving thousands of dollars in labor and documentation costs
and thus avoid having their home registered as a contaminated site.
Over time, homebuyers will opt to purchase only homes built
after 1978, to avoid all of the unnecessary headaches of the pre-1978 homes,
thus rendering the latter homes near worthless. This will be great news for downtown historic districts
that are already suffering from the ills of long-term neglect, coupled with
this lackluster economy.
My gripe with you and other “representatives” is that you
have failed to represent those of us who make up this industry that is vital to
our nations economy and recovery. You have failed to represent the best
interest of homeowners whose homes are built in 1978 and older. (The value of
our real estate is probably more important than the price of gold) You have
also failed the women & children
whom this rule is aimed to protect due to the fact that run-down apartments and
inner city housing will continue to deteriorate all across this country due to
the fact that no serious & professional contractor will be willing to risk
bankruptcy to work on these older properties. Thus raising the lead exposure
levels on those who need the most protection from this hazardous dust.
Historic preservation is rapidly becoming a thing of the
past.
I, like many others in my field, will abandon my past
profession for something new.
I hope you take this as a dose of reality, it’s been my
reality since this all started.
Bill Wine/
Historic Restorations
Woodstock,
Virginia
Phone: 540-459-8455
Great letter but unfortunately as you point out – they don’t care about representing us unless it gets them some votes. Got to love that only 1 Senator from your State responded, hopefully some common sense will break out, but I am not holding my breath. As we used to say in Arizona – lock the doors & latch your windows, the Legislature is back in session