EPA Lead RRP Rule Enforcement is Affecting Contractors Nationally–A Chronological List of Fines

16 May 2011 (updated)

By Scott von Gonten, CGA, CGP, SHA, CR, CDST

Will the EPA ever really seriously 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.

The EPA has begun Enforcing the RRP Rule on a Steady Basis….

Most recently, on May 16, 2011, the EPA announced that a Rockland, Maine renovator is facing penalties related to alleged violations, which 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 $37,500.00 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 the internet!  The EPA promises to follow through on tips, such as this example, to identify if violations have jeopardized public health.

In review of EPA’s enforcement actions earlier this year, on March 23, 2011, a Connecticut window and siding company was fined, and has agreed to pay, $30,702.00 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, $19,529.00 in civil penalty, plus the company will perform a supplemental environmental project worth $20,048.00.  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, $32,508.00 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.”

Furthermore, on April 12, 2011, a Maine property management company, which operates in 13 states, was fined, and has agreed to pay, $3,542.00 and will perform an abatement project valued at $31,884.00 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.

Continuing on the perpetual pursuit of violators, the EPA announced, on April 21, 2011, that a major Omaha, Nebraska window company was fined, and has agreed to pay, $3,976.00 in civil penalty, and will perform a supplemental environmental project worth $11,928.00, for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets prior to working on pre-1978 residential properties.

And now, just to show you how far the EPA will go to enforce the RRP Rule….. 

Even as recently as early May 2011, the EPA’s Region 6, which covers, Texas, New Mexico, Oklahoma, Arkansas, and Louisiana, has 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.

Exactly 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% of renovations on pre-1978 target housing and child-occupied facilities are affected by this legislation in some way.  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 enforcing the RRP Rule!

Three-Year Window of Liability

I earnestly and respectfully request that all contractors and sub-contractors 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 3-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).

The Right Training at the Right Time

With the Lead Paint Professor, you will learn all of the required information presented in a fun, enjoyable way that helps you truly learn the RRP Rule and remember the lead safe work practices on your renovation projects, even many years from now.  Furthermore, in our training classes, you will learn what paperwork you need and how to complete that paperwork to reduce your liability.  Let us provide you with the right information.  We have the required training classes available on a regular basis and even have an approved Online Training option for you, available 24-hours per day, to better fit your schedule. 

You can also access all of the required RRP Rule Documents, D-Lead and LeadCheck Test Kits, Personal Protective Equipment, HEPA Vacuums, and other services, Consulting, and more Articles, at www.LeadPaintProfessor.com.

Sign up for the Certified Renovator training right away.  Time is of the essence.  Do it today.  Call (713) 213-1205 or go to www.LeadPaintProfessor.com to sign up for a class or to request training in your area.  Your business depends on it.

EPA RRP Rule and Pre-Renovation Rule Enforcement is Affecting Contractors Nationally

10 May 2011

By Scott von Gonten, CGA, CGP, SHA, CR, CDST

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 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

On 23 March 2011, a Connecticut window and siding company was fined, and has agreed to pay, $30,702.00 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 31 March 2011, a major Continue reading about the specific fines and if they are near you…

EPA RRP Rule Lead Certified Renovator Training in Dallas Fort Worth, Texas

If you do any type of renovation work in the greater Dallas Fort Worth area and have not yet taken the EPA RRP Rule Lead Certified Renovator Training Course and have not yet received firm approval from the EPA, you are breaking the law.  That is the unfortunate truth.  In fact, the EPA has begun enforcing the lead-based paint regulations and has heavily fined several companies recently.

Although the RRP Rule must have been precisely followed since April 22, 2010, the EPA’s final extended deadline for training passed on December 31, 2010 and the EPA can fine contractors and sub-contractors for violating the EPA’s Renovation, Repair, and Painting Rule (RRP Rule), which deals with Lead-Based Paint in Pre-1978 Target Housing and Child-Occupied Facilities.  Plus, the EPA has Three Full Years, from the time you finish each job, to audit your paperwork and make sure the RRP Rule was followed. 

Too many contractors are risking their businesses by ignoring this regulation.  The fines will be painful and the EPA is motivated to find, and fine, violators, since the EPA’s RRP Rule administration costs must be compensated through fines and registrations.  Obviously, now that some contractors have been devastated by fines, which can be up to $37,500.00 per violation per day, other contractors will frantically scramble to sign up for training.  You do NOT want to be a contractor that gets fined!

Think about it….How many Pre-1978 homes have you worked in since April 22, 2010, when the RRP Rule was enforced?  Every one of those jobs is subject to the EPA’s audit for Three Full Years!  How much risk exposure do you currently have?  Are you willing to keep on extending your risk and liability?  We are trying our best to keep you out of trouble.  Please let us help you.

To learn more about the EPA RRP Rule, the Expiration of the Deadlines, and the Examples of Enforcement and Fines to Contractors, please see the detailed articles at www.LeadPaintProfessor.com.

The time for you to take the EPA RRP Rule Lead Certified Renovator Training is NOW.  ConserveIQ and the “Lead Paint Professor” are now in the process of setting training dates for Dallas Fort Worth, Texas.  These training classes will give you everything you need to comply with the RRP Rule.  Please call (713) 213-1205 or e-mail svongonten@conserveiq.com to pre-register for the training classes or to ask for more information about the RRP Rule.  We are here to help you.

EPA RRP Rule Lead Certified Renovator Training in Houston, Texas

Thursday, May 26, 2011
8 a.m. – 5 p.m.

DeVry University
2000 West Loop South, 19th Floor, Houston, Texas 77027

$250.00 per Student when You Register On-Line, in Advance

$275.00 per Student if You Register On-Site, on May 26th

8-Hours

This course was developed by the U.S. EPA, in collaboration with the U.S. Department of Housing and Urban Development (HUD) to train renovation, repair, and painting contractors how to work safely in housing with lead-based paint and comply with EPA’s Renovation, Repair, and Painting (RRP) Rule, and HUD’s Lead Safe Housing Rule. ConserveIQ is partnering with the National Center for Healthy Housing, an EPA-accredited training provider, to present Certified Renovator classes.

EPA RRP Rule Contractor and Sub-Contractor Video, 60-Seconds

http://www.youtube.com/watch?v=bbv8KnYr748

In this 60-second, contractor-oriented video, Scott von Gonten, the “Lead Paint Professor,” quickly explains the basic information that ALL contractors and ALL sub-contractors need to know prior to conducting renovations on Pre-1978 Target Housing or Child-Occupied Facilities.  The EPA’s Renovation, Repair, and Painting Rule requires that contractors provide some very important information about Lead-Based Paint to the homeowner and residents prior to any work activities.  In addition, the contractors must conduct Lead-Safe Work Practices while renovating and provide a special report to the homeowner and residents after the work has been completed.  This is very important information that will benefit the health and well-being of people who live in Pre-1978 Target Housing or who have children that visit Child-Occupied Facilities.  In order to comply with the law, contractors must be specially trained Certified Renovators working for EPA-approved Certified Firms.  You can visit www.LeadPaintProfessor.com or call (713) 213-1205 for more information.  We are here to help you.

EPA RRP Rule Consumer-Oriented Video, 30-Seconds

In this 30-second, consumer-oriented video, Scott von Gonten, the “Lead Paint Professor,” quickly explains the basic information that homeowners need prior to having renovations performed on their Pre-1978 homes.  The EPA’s Renovation, Repair, and Painting Rule requires that contractors provide some very important information about Lead-Based Paint to the homeowner and residents prior to any work activities.  In addition, the contractors must conduct Lead-Safe Work Practices while renovating and provide a special report to the homeowner and residents after the work has been completed.  This is very important information that will benefit the health and well-being of people who live in Pre-1978 Target Housing or who have children that visit Child-Occupied Facilities.  You can visit www.LeadPaintProfessor.com or call (713) 213-1205 for more information.  We are here to help you.

The Lead Paint Professor Explains the EPA’s RRP Rule to Homeowners

EPA RRP Rule Lead Certified Renovator Training in New Orleans, Louisiana

If you do any type of renovation work in the greater New Orleans area and have not yet taken the Lead Certified Renovator Training Course and have not yet received firm approval from the EPA, you are breaking the law.  That is the unfortunate truth.

The EPA’s final extended deadline for training passed on December 31, 2010 and now the EPA can fine contractors and sub-contractors for violating the EPA’s Renovation, Repair, and Painting Rule (RRP Rule), which deals with Lead-Based Paint in Pre-1978 Target Housing and Child-Occupied Facilities.  Plus, the EPA has Three Full Years, from the time you finish each job, to audit your paperwork and make sure the RRP Rule was followed. 

Too many contractors are risking their businesses by ignoring this regulation.  The fines will be painful and the EPA is motivated to find, and fine, violators, since the EPA’s RRP Rule is self-funded through fines and registrations.  Obviously, when a contractor gets devastated by fines of up to $37,500.00 per violation per day, other contractors will frantically scramble to sign up for training.  But do YOU want to be that fined contractor? 

Think about it….How many Pre-1978 homes have you worked in since April 22, 2010, when the RRP Rule was enforced?  Every one of those jobs is subject to the EPA’s audit for Three Full Years!  How much risk exposure do you currently have?  Are you willing to keep on extending your risk and liability?  We are trying our best to keep you out of trouble.  Please let us help you.

To learn more about the EPA RRP Rule and the Expiration of the Deadlines, please see the detailed articles at www.LeadPaintProfessor.com.

The time for you to take the Lead Certified Renovator Training is NOW.  ConserveIQ and the “Lead Paint Professor” are now in the process of setting training dates for New Orleans, Louisiana.  These training classes will give you everything you need to comply with the RRP Rule.  Please call (713) 213-1205 or e-mail svongonten@conserveiq.com to pre-register for the training classes or to ask for more information about the RRP Rule.  We are here to help you.

EPA RRP Rule Lead Certified Renovator Training in Beaumont, Texas

If you do any type of renovation work in the greater Beaumont area and have not yet taken the Lead Certified Renovator Training Course and have not yet received firm approval from the EPA, you are breaking the law.  That is the unfortunate truth.

The EPA’s final extended deadline for training passed on December 31, 2010 and now the EPA can fine contractors and sub-contractors for violating the EPA’s Renovation, Repair, and Painting Rule (RRP Rule), which deals with Lead-Based Paint in Pre-1978 Target Housing and Child-Occupied Facilities.  Plus, the EPA has Three Full Years, from the time you finish each job, to audit your paperwork and make sure the RRP Rule was followed. 

Too many contractors are risking their businesses by ignoring this regulation.  The fines will be painful and the EPA is motivated to find, and fine, violators, since the EPA’s RRP Rule is self-funded through fines and registrations.  Obviously, when a contractor gets devastated by fines of up to $37,500.00 per violation per day, other contractors will frantically scramble to sign up for training.  But do YOU want to be that fined contractor? 

Think about it….How many Pre-1978 homes have you worked in since April 22, 2010, when the RRP Rule was enforced?  Every one of those jobs is subject to the EPA’s audit for Three Full Years!  How much risk exposure do you currently have?  Are you willing to keep on extending your risk and liability?  We are trying our best to keep you out of trouble.  Please let us help you.

To learn more about the EPA RRP Rule and the Expiration of the Deadlines, please see the detailed articles at www.LeadPaintProfessor.com.

The time for you to take the Lead Certified Renovator Training is NOW.  ConserveIQ and the “Lead Paint Professor” are now in the process of setting training dates for Beaumont, Texas.  These training classes will give you everything you need to comply with the RRP Rule.  Please call (713) 213-1205 or e-mail svongonten@conserveiq.com to pre-register for the training classes or to ask for more information about the RRP Rule.  We are here to help you.