Faced with mounting pressure from construction trade organizations and contractors, as well as from Congress, the Environmental Protection Agency has announced it will delay enforcing its new lead-paint law until October 1.
Contractors who remodel or repair homes that were built before 1978 will now have additional time to secure mandated training and certification to comply with theRenovation, Repair and Painting (RRP) rule, passed in April, which aims to prevent lead poisoning in children.
Workers will have to complete their training by December 31 of this year and follow strict safety practices that some contractors consider so burdensome that many small businesses and home owners can’t afford the extra costs to meet the standards. Under the new regulations designed to minimize and contain dust, contractors will be required to perform a lead-safety test on the home, wear protective clothing and respirators, and cover the workspace with thick layers of plastic. Violators will have to pay a fine of up to $37,500 a day.
According to the EPA, lead paint was used in 38 million homes before it was banned in 1978.
The EPA also says that even if contractors are not certified, they can remodel a home as long as they follow the required work practices; otherwise, they’ll face fines as before. “Contractors are required to take proactive steps to protect children and families from the dangers of lead poisoning, and EPA can and will take enforcement action when contractors violate those work practices,” the EPA said in a statement.
Both major trade organizations--the National Association of Home Builders (NAHB) and the National Association of Remodeling Industry (NARI)--praised the decision. “It’s the kind of guidance we’ve been looking for since the rule was imposed,” says David Merrick, chair of government affairs with NARI. “Lead paint is a serious health risk. It’s important that the rule still be in place. This is a way to achieve both. They are being reasonable about it.” The NAHB still wants further clarification from the agency about what practices remodelers need to follow and where they can obtain the information.
Other Concerns Arise
While the EPA’s new flexibility has received a warm response from industry experts, others take issue with it. Consultant Shawn McCadden, a former home remodeler in Massachusetts, says, “Is this really fair to the businesses who complied on time? Are they [the EPA] promoting, or demoting, ‘work hard, think smart, get ahead’? People who ignored the law now have the same business advantage as those who complied on time. This is a lack of planning and insight.” In a blog post on a home remodeling website, he also said, “It’s like saying you can still drill for oil even if your company isn’t approved to do so.”
The EPA says it has trained more than 300,000 people and offered more than 15,000 classes. EPA certification includes paying $300 for a one-day class with a 20-question exam. While contractors have more time to get certified, they still face the conundrum of where to find training. Not all states offer courses, and some locations are far and few between; the entire state of Maine has three trainers, while Oklahoma has just one. Industry experts had argued that the EPA did not provide enough advance notice of the rule and that trainers weren’t in place early enough to train large amounts of people.
Last month, Senator Susan Collins (R-ME) and others introduced an amendment to the fiscal year 2010 Emergency Supplemental Appropriations bill to provide small contractors who had been struggling with the new law more time to receive mandated training. It was adopted by a vote of 60-37. “The fines that EPA will levy would be devastating to small businesses that have been unable to comply due to EPA's failure to adequately plan for the implementation of this rule," Collins said in a statement.
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