Indoor Air Quality Solutions Blog

"Healthier Air Starts Here" (407) 383-9459


Indoor Air Quality IAQ Blog





Lead paint crackdown coming for remodelers

After a long wait, EPA is ramping up RRP enforcement against remodelers and other contractors
Byline: Scott von Gonten
Publication Date: Wed, 2011-06-08 13:47

Will 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 finally 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 recent EPA fines
Most recently, the EPA announced on May 16 that a Rockland, Maine renovator is facing penalties related to alleged violations that occurred in October 2010.
As per the EPA’s investigation, the contractor, who had personally completed the required RRP Rule eight-hour training class, failed to: 1) obtain firm certification from the EPA, 2) post warning signs, 3) contain the work area, 4) contain waste from the renovation activities, 5) properly train his co-workers, 6) prohibit the use of high-speed paint removal machines without HEPA exhaust control, and 7) establish and maintain records necessary to demonstrate compliance with the RRP Rule.

Remember, the maximum penalty for the alleged violations is up to $37,500 per violation per day! Do you know how he was discovered? The EPA received a tip, from someone across the street from the renovation, who took a video and posted it on YouTube! The EPA promises to follow through on tips, such as this example, to identify if violations have jeopardized public health.

There are many other recent examples of the EPA cracking down on lead paint violations:

• On March 23 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.

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

• On April 6, a California painting company was fined, and has agreed to pay $32,508.00 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.”

• On April 12, 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.

• The EPA announced on April 21 that a major Omaha, Neb., window company was fined, and has agreed to pay, $3,976 in civil penalties, and will perform a supplemental environmental project worth $11,928, for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets prior to working on pre-1978 residential properties.

Even as recently as early May 2011, the EPA’s Region 6, which covers Texas, New Mexico, Oklahoma, Arkansas and Louisiana, sent letters, to contractors, confirming visits to the contractors’ offices to review the overall level of compliance with the Lead-Based Paint Regulations.

That’s right; the EPA will be physically reviewing the contractors’ paperwork for ALL of their renovations or modifications performed on pre-1978 properties over the last three years. The EPA will obtain copies of certain documents so that compliance with the RRP Rule (or lack of compliance) can be evaluated.

You know what that means. How many of these contractors are going to have the proper records? In fact, how many of these contractors are going to have NO records at all? Do YOU know what records to keep? Do YOU know how to properly document your renovations? By the way, some of the contractors who received letters were randomly selected by what is called a “Neutral Inspection Scheme,” which could be as easy as a simple Internet search for renovators or contractors!

This is just the beginning of EPA’s enforcement of lead-related issues within the residential construction industry. More reports of violations are being released constantly. 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 RRP Rule Affect?
Since long before the RRP Rule was enforced, I have been keeping general contractors, sub-contractors, remodelers, builders, property managers, painters, mechanical contractors, 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. If you scrape, sand, abrade, cut a hole in, puncture, remove, or demolish any painted or surface-coated component, you have “disturbed” that surface, and the RRP Rule may apply.

Since the confusing RRP Rule is so specific and has such tiny minimums, virtually 100 percent of renovations on pre-1978 target housing and child-occupied facilities are affected by this legislation in some way. Many contractors have taken the “wait and see” approach to verify if the EPA was actually going to enforce the RRP Rule.

Three-Year Window of Liability

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 three-year windows of liability from the time of completion.

Remember, the EPA can simply “randomly” search for contractors or can specifically research renovation jobs, at anytime within 36 months after the jobs were finished, and contact the contractor to audit his or her required paperwork.

When the EPA asks for the proper documentation, how many contractors will say, “What paperwork?” Well, you can imagine the devastating chain of events that would follow that statement! Those contractors will definitely be in deep distress (among other things).

Scott von Gonten, CGA, CGP, LLRA, SHA, CR, CDST, a 24-year veteran of the building industry, is a licensed lead risk assessor and consultant, and a principal instructor, nationwide, for the National Center for Healthy Housing, an EPA-accredited training provider for Certified Renovator and Certified Dust Sampling Technician training. You can contact him at svongonten@conserveiq.com [1] or (713) 213-1205.

For more information on lead paint, including training opportunities, articles and more, visit www.LeadPaintProfessor.com

John P. Lapotaire, CIEC
•  Certified Indoor Environmental Consultant
•  Microshield Environmental Services, LLC
www.Microshield-ES.com



Add a Comment

(Enter the numbers shown in the above image)


Follow jlapotaire on Twitter


Review microshield-es.com on alexa.com
   

[Valid RSS]
Add this Content to Your Site
   


Latest Top (12) News


EPISODE496 - Nate Adams The Evolving World of Home Performance The Home Com
Today on IAQ Radio we welcome Nate Adams the founder of Energy Smart Home Performance outside Cleveland Ohio. This week we will talk about â??The Evolving World of Home Performanceâ??. What was once called an energy audit is now evolving into something different. The energy programs are changing and the people that perform/ed energy audits are changing how they market their services and what they provide. Some have gone into healthy housing others are pitching home performance and much more comprehensive and costly changes to existing homes. Nate has a unique perspective on the topic and has released the first edition of his book on the topic. We will explore the topic in detail today on an IAQ Radio+ episode. Nateâ??s company Energy Smart started out as an insulation contractor for existing homes, but has evolved into doing Comprehensive Home Performance retrofits. Their projects are somewhere between a simple attic insulation job and a deep energy retrofit. These projects are sweeping in scope with thorough planning process and careful attention paid to what problems the client wants to solve, what the house needs, and what fits within the homeowner budget. No two projects are alike. Through substantial air tightness and insulation upgrades, and sometimes HVAC replacement, homes are made far more comfortable.

Fri, 09 Mar 2018 14:33:00 -0500


EPISODE495 - Sal La Duca - Environmental Assay, Inc.
This week we are bringing back Sal La Duca for part 2 of our discussion on electricity, EMF's & IEQ. Electricity and electric fields are all around us we keep adding them yet we do not know much about how they affect the health of occupants or if they affect health. Is it possible that they have affects we don't understand? We do know that when installed improperly electric systems can cause a variety of issues. We also know how to find improper installations and to how to reduce the potential for exposure. In Part 1 Mr. La Duca walked us through the basics from the generating facility to the wiring in our home. Part 2 will focus on how to evaluate the issues and what equipment is used to help determine if we have issues.

Fri, 23 Feb 2018 15:00:00 -0500


EPISODE494 - Ralph Moon, PhD Michael Bowdoin, Esq
This week we will be finishing up our hurricane coverage series with two gentlemen that are known for seeing the big picture. Dr. Ralph Moon is based in the Tampa, FL region and Attorney Michael Bowdoinâ??s practice is in the Houston, TX area. Both have extensive personal and professional experience dealing with the aftermath of the hurricanes that hit in 2017. Both also work closely with contractors, consultants, building owners, insurance adjusters and others that have been trying to bring things back to normal. We plan a wide ranging discussion of what happened, how the response was handled and how these events will affect our future dealing with large natural disasters.

Fri, 16 Feb 2018 14:22:00 -0500


EPISODE493 - FLASHBACK FRIDAY - Jeff May


Fri, 02 Feb 2018 15:11:00 -0500


EPISODE492 - Radio Joe Reports - Sloan Research to Practice Kickoff & IAQA
Radio Joe is on the road at the IAQA Annual Meeting and last week attended a Sloan Workshop: Roadmap Research to Practice. Radio Joe will be reporting on both events this week and we will debut our new format for the show. The Sloan workshop was put together by Richard Shaughnessy, PhD and Jordan Peccia, PhD. It was a fascinating meeting of about 15 practitioners, 15 researchers and a handful of government representatives from agencies such as EPA, HUD and CDC. It was designed to allow practitioners to let researchers know what we need from research to do a better job helping people live in better indoor environments. This workshop focused on the Microbiome of the Built Environment and included a lot of discussion on mold and water damage topics. Radio Joe will review the presentations by both researchers and practitioners to bring listeners up to speed on what was discussed. The IAQA Annual Meeting is always a highlight of the conference season. This year it was in Chicago and was in conjunction with the ASHRAE AHR Expo. As always there was a huge expo hall with thousands of exhibitors and some excellent presentations at the Hilton Chicago.

Fri, 26 Jan 2018 12:08:49 -0500


EPISODE491 - FLASHBACK FRIDAY - Tiina Reponen, PhD
Radio Joe is on the road at a Sloan "Research to Practice" Conference and will be back live next Friday to report on the event and the IAQA Conference. This week we are playing back a great show with a guest we tried to get for a long time. Tiina Reponen, PhD is a Professor in the Department of Environmental Health, College of Medicine at the University of Cincinnati. As an expert in indoor allergens and mold, she served as the principal investigator in several major laboratory and field experiments on airborne allergens, bacteria and fungi and has directed exposure assessment teams in population-based studies. Dr. Reponen is the Director of the NIOSH-funded University of Cincinnati Education and Research Center (ERC), which includes graduate programs related to occupational health from three colleges: Medicine, Nursing and Applied Science and Engineering. She is currently directing two cohort studies. One is focused on the association between indoor bioaerosol exposures and the development of children's allergy and asthma and the other is focused on the effects of green renovation on indoor air quality and occupants' health.

Fri, 19 Jan 2018 12:00:03 -0500


EPISODE490 - Tony Havics, PE, CIH - Occupational Exposure Limits and Their
This week on IAQ Radio we welcome Anthony "Tony" Havics to talk about how occupational exposure limits are related to limits for the general public. This is a topic that causes a lot of confusion and at times misinformation. Can we use OEL's or should we avoid them altogether? Join us and LEARN MORE on IAQ Radio! Mr. Havics is an Honors graduate from Georgia Institute of Technology with a Bachelor's Degree in Mechanical Engineering and is a registered Professional Environmental Engineer (PE) with over 25 years of experience. He has provided front end investigation, development of plans & specifications, development of work plans, cost estimation, and oversight of numerous facilities for remediation, refurbishing, or decommissioning including a launch pad, dam gates, a baseball stadium, a tire factory with 59 buildings, a biologically contaminated L1011, a hospital, JP-6 fuel tanks, former mental institute, former military buildings, etc. In the field of microscopy, he has performed analysis for asbestos, contaminants in products, other minerals, fibers, fungi, engineering properties, and has testified in federal court as an expert microscopist. Andrew has also performed failure analysis and forensic testing on numerous building products such as roofs, windows, flooring, drywall, piping, etc.

Fri, 12 Jan 2018 12:00:09 -0500


EPISODE489 - Bruce White IAQA First VP Wildfires and IAQ!
This week on IAQ Radio we welcome Mr. Bruce White, Vice President at American Environmental Specialists & IAQA First Vice President. Mr. White's and his company provide IAQ and environmental consulting on a wide range of issues from their Southern California office. We will discuss wildfires and IAQ, Hospital Construction Monitoring, The new OSHA Silica Rule and Mechanical Systems and IAQ. Bruce brings a unique perspective to his consulting, he has been in the environmental business for over 30 years with a wide range of experience in the real world. He started out in the restoration industry and was also part of the early days of asbestos abatement and other types of environmental contracting. From there he has spent almost 20 years as an environmental consultant with a stint working for a large distributor of environmental safety supplies and equipment. He also has a long history of volunteering for industry related associations and is currently the First Vice President of the Indoor Air Quality Association (IAQA). Bruce has numerous tips and techniques to share with listeners and will also share his insights on the future of our industry. LEARN MORE this week on IAQ Radio!

Fri, 05 Jan 2018 12:00:12 -0500


EPISODE488 - Ken Larsen & Mickey Lee - Water Damage Scope of Work..
This week on IAQ Radio we welcome Ken Larsen and Mickey Lee back to the show to continue our hurricane coverage and to discuss tips for how to develop proper scopes of work on water damage restoration projects. Both pros are working in the areas damaged by Hurricane Irma and both are long time water damage restoration pros, contributors to industry standards and instructors. Ken Larsen, CR, WLS, CSDS has been in the restoration industry since 1978. He holds RIA, ACAC and IICRC advanced designations. His career includes 18 years as an independent property restoration contractor, consultant to restorative drying during catastrophes and large loss drying coordination, expert witness, Director of Education for North America's largest disaster restoration contracting organization, and now the author of one of the industry's leading technical resource books on the subject of structural restorative drying - Leadership in Restorative Drying. He is currently an IICRC Approved instructor of WRT, ASD and CDS certificate courses. He is also an RIA instructor of the restoration industry's advanced certification credentials: Water Loss Specialist (WLS) and Certified Restorer (CR). He serves as Chairman for RIA approved Instructors, Trainers and Subject Matter Experts, a sub-committee of RIA's Education Committee. Larsen presently serves as Senior Technical Director for the International Dry Standard Organization (IDSO) and Director of Education for the Restoration Leadership Institute (RLI) and lead consultant for the Restoration Expert Panel (REP). Ken lives with his wife Barbie (yes - really!) in Santa Rosa Beach in Northwest Florida. He can be contacted at ken at drystandard dot org. Mickey Lee is currently a private consultant providing consulting, training, research and writing services in the fields of property damage restoration, psychrometrics, drying science, mold remediation and structural drying after water intrusions. Mr. Lee retired from the Munters Corp (US) in 2011 after serving in various roles for over 20 years. At various points Mr. Lee was Vice-President - Global Technology & Sustainability for Munters AB - MCS and Global and National Technical & Training Manager for Munters Corp (US). He was responsible for training program development, curriculum writing and course facilitation in addition to managing projects for structural drying and restoration of commercial buildings of every type. He also has extensive experience in application of air treatment technology in restorative drying projects, corrosion-control methods, mold mitigation and humidity control in commercial and industrial facilities while working with Munters Corporation - Moisture Control Services Division. Recognizing his vast experience in water damage restoration the IICRC asked him to lead the development of their Commercial Drying Specialist certification. This program completed its' full roll-out in 2009 and continues to be a popular offering. Mr. Lee continues to serve as committee chair for the Commercial Drying Specialist Certification program and also serves on the IICRC S500 Standard and Reference Guide for Professional Water Damage Restoration revision committee.

Fri, 15 Dec 2017 12:00:11 -0500


EPIS. 487 -Mark Springer, Phil Rosebrook, Jr., Pete Consigli -RIA TPA Conf.
This week on IAQ Radio we discuss a topic that gets blood pressure up among some in the restoration world. Third Party Administrators TPAs are a fact of life today in many industries and RIA has been helping their members make the adjustments necessary. This week we welcome two widely respected restoration professionals to IAQ Radio. Mark Springer and Phill Rosebrook are both RIA members and were speakers at the recent RIA Strictly TPAs Fall Conference. We look forward to having them join us along with frequent contributor Pete Consigl. Mark Springer If you know Mark Springer, you probably know when the platitude, How are you doing? comes up in conversation, his likely answer is, Living the dream! Thats because its true. Mark has been married to his high school sweetheart, Angie for 20 years and they have been blessed with five beautiful daughters who, fortunately for Mark, take after their mother. Living in Montana accentuates the dream as he is able to pursue doing things he loves like downhill skiing, bow hunting, competitive shooting, and the mountains in general. Its not all hobbies though, Mark also gets to work all over the great state of Montana helping people who have experienced disasters, primarily from fires and floods. He is the President of Dayspring Restoration, a company that specializes in disaster restoration. Dayspring has 6 locations and about 100 team members. Mark has become a mini, (emphasis on �¢??mini�¢??) celebrity in Montana due to several television advertising campaigns where he flooded and burned his house and then demonstrated to the community the restoration process, (these videos can be viewed at www.calldayspring.com). Giving back to his community and his industry has always been a priority for Mark as he serves on numerous non-profit and trade association committees and boards Phillip Rosebrook Jr., Cr. Phillip is a graduate of the University of Oregons Lundquist School of Business. He worked his way through college in the family restoration business. He filled most all roles in the company including working on the cleaning crew, carpet cleaning, water damage emergency services, and other various restoration and construction related services. He ran the retail and wholesale carpet cleaning division managing several employees and coordinating the installation crews. After college Phillip managed the water damage division and scheduled all company production crews. He managed the branch office in Coos Bay, Oregon and served the Southern Oregon Coast region. The office was in a very rural area of the state with a small population yet the office grew from $300,000 in annual sales to over $1,000,000 under his management. In managing this office he filled every role from Estimator to Marketing Manager. After training the new Manager Phillip returned to the main office with oversight of all branch offices. He served as the Education Committee representative for the Western Chapter of Disaster Kleenup International. In 1997 when the company sold, Phillip moved to Fort Collins, Colorado to assist in opening a new office for Rocky Mountain Catastrophe. He was in charge of training the new manager, developing the marketing campaign, implementing systems and procedures and training the water damage and cleaning staff. The office quickly grew to over $300,000 in monthly sales. Phillip joined his father as a Partner in Business Mentors in March of 1998. He specializes in implementing change in restoration companies. He works with the individual managers, key employees and sometimes even the field staff to implement new systems and procedures. He developed the Operations Manual and Personnel Manual that is utilized in all of Business Mentors consulting. He is a frequent presenter at industry conferences, contributing author to the WLI course book and has authored many articles in Cleaning and Restoration magazine. Phillip is the founding partner of ELC Training a training resource for restoration companies. He is also a faculty member of the Restoration Leadership Institute. Phillip is the father of four children and has been married to Deanna since 2000. He enjoys gardening, hiking, and cycling. Phil lives in Portland, Oregon.

Fri, 08 Dec 2017 12:00:02 -0500


EPISODE486 - Sal La Duca - Principle Environmental Assay, Inc.
This week on IAQ Radio we are going to talk about an IEQ issue we do not hear a lot about, electricity and electromagnetic frequencies (EMF's). EMF's and other issues related to electrical currents are increasingly part of our indoor environment, we keep adding them yet we do not know much about how they affect the health of occupants or if they affect health. Is it possible that they have affects we don't understand? We do know that when installed improperly electric systems can cause a variety of issues. We also know how to find improper installations and to how to reduce the potential for exposure. Sal will walk us through the issue in layman's terms and give us ideas on how to find and fix issues. LEARN MORE this week on IAQ Radio! Sal La Duca is an Environmental Consultant specializing in the built environment, with over 40 years' experience in instrumentation and controls. Mr. La Duca started out as a Nuclear Reactor Operator / Reactor Technician (Instrumentation and Control Technician - Nuclear) on the USS Mississippi . After discharge, he was offered employment by Jersey Central Power and Light to help built a Radiological Survey instrument repair facility at their Oyster Creek Nuclear Power Plant in Forked River, NJ. From there he migrated to the Communications department, where he performed installation, calibration, and repairs of various generations of remote-control supervisory equipment for power system control. In 1994 he incorporated and began offering Electromagnetic Field services to clients. In 1999 he sought and acquired additional training with the Institute of Building Biology and Ecology, and expanded service offerings to include Indoor Air Quality. Since then he has added IAQ certifications through IAQA and ACAC. Most importantly he has real world experience on residential, commercial and industrial projects and takes a practical approach to the topic. LEARN MORE this week on IAQ Radio!

Fri, 01 Dec 2017 12:00:22 -0500


EPISODE485- Nate Adams, Carl Grimes & Eric Shapiro
This week on IAQ Radio we are going to discuss what we learned at the Healthy Buildings Summit 2017 at Seven Springs Resort with three industry pros that were in attendance. For those that could not attend we will go over some of the key presentations from the event and discuss how it affects IAQ, disaster restoration, home performance and other industry professionals. Nate Adams is the founder of Energy Smart Home Performance outside Cleveland Ohio. Energy Smart started out as an insulation contractor for existing homes, but has evolved into doing Comprehensive Home Performance retrofits. Carl Grimes, HHS CIEC, has consulted with people who have questions or issues with the indoor environment since 1987 as President of Healthy Habitats LLC in Denver, CO. Carl is a frequent presenter nationally and internationally, past President of IAQA, and past Vice President of Practice of ISIAQ. He is the current Managing Director of the Hayward Healthy Home Institute in Carmel, CA, and the Hayward Score Director of Healthy Homes. Eric Shapiro has extensive experience in Building Maintenance and Environmental Remediation. He also has a Master Degree in Forensic Psychology from the John Jay College of Criminal Justice in New York City. Mr. Shapiro has extensive training and education in IAQ Investigations, Remediation, Diagnostics, Building Science and Moisture Control. He is also an instructor for an IAQA approved training provider and has helped hundreds of people prepare for various American Council for Accredited Certification ACAC certifications. He is a nationally recognized lecturer and trainer in Microbial Remediation, Inspections, Diagnostics, and Air Duct Cleaning. He is also experienced in training IAQA approved Indoor Environmentalist training programs and the National Center for Helthy Housing Home Health Specialist training.

Fri, 17 Nov 2017 12:00:13 -0500
Follow Microshields IAQ News and Headlines Bloglines RSS Feed

Subscribe with Bloglines

 



IAQ News and Articles

Latest Top (10) News
http://recordings.talkshoe.com/rss1547.xml