FEATURE STORY


EPA Enforcement has Begun W


ill the EPA ever really enforce the Residential Lead-Based Paint Regulations? This question has


prompted thousands of contractors and sub-contractors to unwisely postpone their Certified Renovator training and Certified Firm applications, which are required by the EPA’s Renovation, Repair, and Painting Rule (RRP Rule).


Well, for those contractors who have been waiting for the EPA to begin fining companies for lead-related violations, it has happened! These recent fines have caused a huge panic in the building industry because it is now crystal clear that the EPA will enforce residential lead- based paint regulations.


A Flurry of EPA Fines


On March 23, 2011, a Connecticut window and siding company was fined, and has agreed to pay, $30,702 for failing to distribute the required Renovate Right pamphlets to homeowners and residents prior to renovations. This settlement stemmed from an EPA inspection and the subsequent documentation the company submitted to the EPA.


In addition, on March 31, 2011, a major St. Louis window company was fined, and has agreed to pay $19,529 in civil penalty, plus the company will perform a supplemental environmental project worth $20,048. These fines stemmed from a failure to distribute the Renovate Right pamphlets, which is required by the Residential Lead-Based Paint Hazard Reduction Act.


Also, on April 6, 2011, a California painting company was fined, and has agreed to pay $32,508 for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets. The EPA further stipulated that the company “failed to establish and maintain records necessary to demonstrate compliance with the Toxic Substances Control Act regulations.”


Furthermore, on April 12, 2011, a Maine property management company, which operates in 13 states, was fined, and has agreed to pay $3,542 and will perform an abatement project valued at $31,884 to settle EPA claims that it violated both the federal lead-based paint disclosure requirements as well as the federal Pre-Renovation Rule.


The property


management company failed to distribute the Renovate Right pamphlets prior to renovations.


Need a Notary


Public? Stop by the GHBA office any time and ask for Donna.


Free service for all members.


Questions? 281.970.8970 x100 Email: dbuenik@ghba.org


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This is just the beginning of EPA's enforcement of lead-related issues within the residential construction industry. Remember, the Toxic Substances Control Act Section 402(a)(3) directs the Environmental Protection Agency to establish and implement a fee program to recover, for the U.S. Treasury, the cost of administering and enforcing the lead- based paint activities requirements. The EPA is highly motivated to find violators and is actively doing so.


Who does the Rule Affect?


Since long before the RRP Rule was enforced, I have been keeping general contractors, sub-contractors, remodelers, builders, property managers, maintenance workers, and many others, informed and educated about the RRP Rule to keep them out of trouble.


These federal


regulations affect ALL contractors and ALL sub-contractors, and even individuals, who get paid to do renovations.


you scrape, sand, abrade, cut a hole in, puncture, remove, or demolish any painted or surface-coated component, you have "disturbed" that surface.


Since the confusing RRP Rule is so specific and has such tiny minimums, virtually 100% of renovations on pre-1978 target housing and child-occupied facilities are affected by this legislation. That's why you need a friend, like the “Lead Paint Professor,” who knows the regulations inside and out and can help you wade through the murkiness and better protect your business and reduce your liability. Far too many contractors have taken the "wait and see" approach to verify if the EPA was actually going to enforce the RRP Rule. Well, as the recent flurry of fines demonstrates, they are!


The Liability Window


I earnestly and respectfully request that all contractors and subcontractors take the Certified Renovator training as soon as humanly possible. Far too many contractors have delayed taking the Certified Renovator training and have continued to add new illegally-completed jobs to their risk burden, all with a three- year windows of liability from the time of completion. Remember, the EPA can simply research those jobs, at any time within 36 months after the jobs were


MAY 2011 | HOUSTON BUILDER | GREATER HOUSTON BUILDERS ASSOCIATION – BUILDING A BETTER FUTURE If


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