Opt Out Provision, Will It Ever Come Back?

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Opt Out Provision, Will It Ever Come Back?

On March 6, 2013 Senator, James Inhof (R-Oklahoma) introduced the ammendment into the United States Senate for “The Lead Exposure Reduction Amendments Act of 2013".  This is not the first time that Senator Inhof has been working on this bill.  In the late winter last year the Senator had introduced the "Lead Exposure Reduction Amendments Act of 2012 (S. 2148)".  When this was introduced it was debated and then sent to committee which usually means it will die there but, the Senator has not allowed that to happen. 

Many contractors have been looking for this widely debated RRP rule from the EPA to be modified and rewritten due to the economic strain that it has put on their businesses due to the added cost to comply with the rule.  The Opt Out Provision stated that if a residential dwelling did not have children residing in the home and their were no pregnant women residing in the home that a waiver could be signed allowing the homeowner to decide if they wanted the LRRP procedures to be carried out during their renovation. 

One of the other arguements within this rule was not only did it protect the people that resided in the home but it also protected the workers that were doing the renovation and stopped them from bringing the toxins into their homes upon return from a job that had lead hazards in it.  Many felt that OSHA had already covered this area and its coverage was more substantial than the RRP rule.

Currently as the rule is written it requires the contractor to test for lead paint in any home that was bult prior to 1978.  If lead is found the contractor must clean up and remove the items that are found to have lead on them from the house using certain guidelines from the EPA.  This also requires the contractor to use special HEPA Lead Dust Vacuums, wear protective clothing, and tarp everything in the work area to eliminate contamination, as well as many other requirements.

If the ammendement was to be passed it would:

• Restore the “opt-out provision” much as we knew it back in 2010 when the RRP rule was put into effect.
• If the EPA cannot approve one or more commercially available lead test kits it would need to suspend the LRRP in homes that do not have small children or pregnant women in them.
• The EPA would not be able to move forward with developing a commercial LRRP program until a study is done proving the need for it.
• Provide an exemption for first-time paperwork violations
• Provides for exemptions when a natural disaster has occured.
• A hands-on recertification requirement would be ended, this would eliminate the need to travel outside of an area just to be recertified.

 The co-sponsors of this amendement are:

• Senators Roy Blunt (R-MO)
• Tom Coburn (R-OK)
• Mike Enzi (R-WY)
• Deb Fischer (R-NE)
• Charles Grassley (R-IO)
• David Vitter (R-LA)

 

We will keep you up to date as we here more on this developing story........

 

 

 

More Fines From The Epa For Violators of the RRP Program

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The Epa's RRP law has now been in effect for over two years now.  As the EPA has started to ramp up their enforcement of the program we continue to hear about the enforcement and the fines that are being levied against violators of this rule.  Most recently there was an anouncement from the EPA that a fine of $90,750 was levied against a Portsmouth, New Hampshire Company.

New Hampshire Plate Glass Corp was the latest to face a penalties of up to $90,750 for allegedly violating requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities. The work that was being done by this company was engaged at the former Frisbee School in Kittery, Maine that at the time of the renovation was a child occupied facility which is a gross violation of the rule.

The EPA’s RRP Rule is was put in place to prevent exposure lead paint debris and lead dust hazards in area where children are present. The rule requires that work that is being done in houses that were built prior to 1978 homes as well as child occupied facilities (schols, day care facilities, etc) be performed by trained and certified individuals.  There are specific work practicies as well as forms and signage that must be used while engaging in renovations in these areas.  The rule became effective on April 22, 2010 and violators could face penalties of upto $37,500 per violation / per day.

LeadPaintEPAsupplies is your source for supplies needed to keep you compliant while doing renovations in these areas.  Don't allow your company to be opened up for the liability that most companies could not and would not survive.  We specialize in 3M LeadCheck Instant Lead Test Kits, N100 Disposable Respirators, And HEPA Lead Dust Vacuums. 

We will continue to keep you updated on this case as more information becomes available.

 

Is The Opt Out Provision Coming Back For Lead Paint Renovations?

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In the past two weeks there has been a buzz in the construction business about the highly sought after "Opt Out Provision" coming back into the law for renovations in houses that test positive for lead paint. A simple procedure on all houses built before 1978 must be used to check if you have lead paint by using a lead test kit that all certified renovators use, such as the 3M Lead Check Swab Test kit to check for the presence of lead. Currently under the law if you do have lead in your home, any compensated contractor must use the lead safe practices that were set forth by the EPA (Enviromental Protection Agency). The "Opt Out Provision" would do away with all of this as long as you have no children under age six or pregnant women living in the house and the customer are willing to sign off on this provision.

The RRP (Renovation Repair & Painting) Law has been a very sensitive issue for the past two years when it went into law for several reasons. The main reason was because of the economic turndown in our country has already made it very difficult to sell a project to a customer. That coupled with the law being touted as a provision to protect children and end lead poisoning created an issue that was especially hard to sell to a customer when there are no children involved in the dwelling. This angle even gets worse when you figure out the extra expenses required to do the job correctly when you involve the extra materials such as the HEPA Lead Dust Vacuums, N100 Rated Respirators that can be very difficult to locate, and Lead Dust control Sticky Mats. These are all items that are suggested to be used in order to be in compliance with the EPA and come at very large cost to the contractor which then must be passed onto the customer.

The main problem with this provision is the delicate balance of responsibility. On one hand you have the customer signing off on the fact that they have found it acceptable not to be concerned about the lead dust being left behind from you work. Even though you sweep up your debris there is always some dust left behind which is toxic. On the other hand by not following the RRP law you are also having yourself or your employees diving into a project which put that at harm reach as well from the toxic material. On the third point to think about is back to the customer that sees the immediate risk as minimal but down the road their situation changes and children become involved in the dwelling and you can pass the harmful effects of lead onto them.

This law is without a doubt a big monster that will most likely not get any smaller. It is currently being looked at to be added into the commercial construction business, which would mean into office building, stores, and etc. There is to be a ruling on this by mid-summer and provisions for this to be put into place shortly after that.

What does this mean for the general contractor and small renovation firms? Get used to it if you have not already. It is here to stay because the lawmakers really have no place to turn. There are too many pressures on either side when it comes to votes for it to go away. Many companies have decided not go one way or the other and use the provisions of the law as a selling point to the customer. These customers don't even know why the contractor is taking such provisions while they are in their houses and just think that the contractor cares more about them and control of the dirt and how they leave their property when the job is complete. This seems to be a very good way to be within the law and still satisfy the EPA.

As of now the provision for the "Lead Exposure Reduction Amendments Act of 2012 (S. 2148) to improve the lead paint rule" sponsored by Senator, James Inhofe of Oklahoma is making its rounds and it will be interesting to see which way it goes. We will keep an eye on this and report back when possible. Please feel free to leave your comments and questions and we will try to answer and respond as soon as possible.

In order to be in compliance with the EPA mandates visit the renovators supply store at LeadPaintEPAsupplies.com to purchase your HEPA Lead Dust Vacuums and Tack Mats for control of lead paint dust. We also offer Ready made packages for your convienence.

Lead Dust Poisoning Must Stop - Spread The Word and Share This With A Friend!!

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Lead paint renovations: Lead Paint Opt Out Laws Coming Back?

Lead paint renovations: Lead Paint Opt Out Laws Coming Back?: In the past two weeks there has been a buzz in the construction business about the highly sought after "Opt Out Provision" coming back into ...

Lead Paint Opt Out Laws Coming Back?

In the past two weeks there has been a buzz in the construction business about the highly sought after "Opt Out Provision" coming back into the law for renovations in houses that test positive for lead paint. A simple procedure on all houses built before 1978 must be used to check if you have lead paint by using a lead test swab to check for the presence of lead. Currently under the law if you do have lead in your home, any compensated contractor must use the lead safe practices that were set forth by the EPA (Enviromental Protection Agency). The "Opt Out Provision" would do away with all of this as long as you have no children under age six or pregnant women living in the house and the customer are willing to sign off on this provision.

The RRP (Renovation Repair & Painting) Law has been a very sensitive issue for the past two years when it went into law for several reasons. The main reason was because of the economic turndown in our country has already made it very difficult to sell a project to a customer. That coupled with the law being touted as a provision to protect children and end lead poisoning created an issue that was especially hard to sell to a customer when there are no children involved in the dwelling. This angle even gets worse when you figure out the extra expenses required to do the job correctly when you involve the extra materials such as the HEPA Lead Dust Vacuums, The N100 Rated Respirators that can be very difficult to locate and, the Lead Dust control Sticky Mats. These are all items that are suggested to be used in order to be in compliance with the EPA and come at very large cost to the contractor which then must be passed onto the customer.

The main problem with this provision is the delicate balance of responsibility. On one hand you have the customer signing off on the fact that they have found it acceptable not to be concerned about the lead dust being left behind from you work. Even though you sweep up your debris there is always some dust left behind which is toxic. On the other hand by not following the RRP law you are also having yourself or your employees diving into a project which put that at harm reach as well from the toxic material. On the third point to think about is back to the customer that sees the immediate risk as minimal but down the road their situation changes and children become involved in the dwelling and you can pass the harmful effects of lead onto them.

This law is without a doubt a big monster that will most likely not get any smaller. It is currently being looked at to be added into the commercial construction business, which would mean into office building, stores, and etc. There is to be a ruling on this by mid-summer and provisions for this to be put into place shortly after that.

What does this mean for the general contractor and small renovation firms? Get used to it if you have not already. It is here to stay because the lawmakers really have no place to turn. There are too many pressures on either side when it comes to votes for it to go away. Many companies have decided not go one way or the other and use the provisions of the law as a selling point to the customer. These customers don't even know why the contractor is taking such provisions while they are in their houses and just think that the contractor cares more about them and control of the dirt and how they leave their property when the job is complete. This seems to be a very good way to be within the law and still satisfy the EPA.

As of now the provision for the "Lead Exposure Reduction Amendments Act of 2012 (S. 2148) to improve the lead paint rule" sponsored by Senator, James Inhofe of Oklahoma is making its rounds and it will be interesting to see which way it goes. We will keep an eye on this and report back when possible. Please feel free to leave your comments and questions and we will try to answer and respond as soon as possible.

Heavy Fines Are on the Menu From the EPA If You Are Not Ready for the RRP Rule!

Yes we are here, less than 48 hours away for the newest date when the Environmental Protection Agency will now be holding all home renovators to the compliance rules for Lead Based Paint Renovations. As most home improvement contractors are aware our world has been turned upside down in reference to Lead Paint. Starting on October 1, 2010 the EPA will now begin doing inspections and will begin with the compliance of all parts of the RRP Rule. If your company in not in compliance it could cost you big. The fines starts in the mid thirty thousand dollar range per offense and these fines go against the individual committing the offense.




In case you are not aware of the RRP Rule this is a brief summary:



On April 22, 2008, The EPA issued a rule requiring the use of lead-safe work practices aimed at preventing lead poisoning in children and adults. On April 22, 2010, the rule became effective and firms performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified. All individual renovators must be trained by an EPA-accredited training provider, and all firms and renovators must follow specific work practices to prevent lead contamination. However, shortly after the law went into effect the EPA realized that there were not enough trained renovators to fulfill the needs of the individual home owners. When this was realized that asked that all renovators who were trained to continue to use the lead safe work practices. But, there would be no enforcement until October 1, 2010.



This brings us to today where the deadline is now less than 48 hours away. It is very important that as a renovator you are looking more carefully than ever to make sure that you follow the RRP Rule. A few thoughts to ponder about this deadline:



1- If you are not trained it is very important that you become trained. We all know that there will always be some contractors out there who will throw caution to the wind and try to buck the system and ignore this law. By not following the law there may be some short monetary gain but in the big picture the fines are staggering and I would not even want to think what would happen legally if you were responsible for causing lead poisoning to a child. To become a certified renovator, individuals are required to take eight hours of training, of which two hours must be hands-on training, to become certified. This training is good for five years. The cost of this training is set by individual training providers, not by the EPA also, renovation firms must be certified by EPA or by a state authorized by EPA to administer its own program. Firm certification is easy; firms need to send in a two-page application to EPA and pay a fee of $300. The certification is good for five years.



2- The October 1, 2010 deadline is for anyone who has been previously trained. If you have not been trained by this time because of the delay in the system, you will not be fined as long as you have applied to enroll for training or are enrolled for a class by September 30, 2010. Any renovators must have taken the certification classes that were signed up for by December 31, 2010 to avoid these fines for not following the lead safe work practices.



3- By being trained in doing Lead Safe Work Practices you have an advantage over renovators that are not. Because you are trained you will be able to work in any age house. The most recent estimates show that there are over 30 million homes in the United States that have lead based paint in them. This is a large segment of work that you can capitalize on for gaining market share.



4- When talking to potential clients do not go towards the negative sides of the law, always talk positive and explain that this is a protective measure for the safety of children and grandchildren, I don't believe there is one parent or grandparent that would want to bring harm to any child.



In closing may I pass a warning to you and your renovation company to become trained and follow the lead safe work practices. Remember that you have worked very hard to create and maintain your company and ask yourself, Could your company afford a fine in the mid 30 thousand range and would your company survive the fines? In most cases it would most likely not survive.
 
In order to keep you and your company legal visit: LEADPAINTEPASUPPLIES.COM for all of your RRP supplies including: LeadCheck lead test kits, Hard to find items in one package and your HEPA Vacuum cleaner headquarters that are ready to ship, all items ship within 2 business days by Fedex ground or Fedex home delivery.