Dodge a $37,500 Bullet: How to Avoid the EPA Fine

Here are three reasons why you, as a restoration contractor, should get your U.S. Environmental Protection Agency (EPA) Lead RRP training. Avoiding a US$37,500 fine may be the greatest motivator for most, but other good reasons come up to get training.

In 2008, the Obama Administration directed the EPA to consolidate the state’s lead licensing under the one federal agency. So, on April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning which included a very specific one day training program, examination for certification and registration with the EPA to confirm those working in pre-1978 housing we protecting the public from the harmful effects of lead-based paint.

Let’s take a look at why you, as a restoration contractor, should be registered and utilize lead-safe practices whenever you disturb surfaces in homes older than 1978.

1)Children chew on painted surfaces—Who among us hasn’t seen their infant child gnaw on their crib rails, low windowsills, or painted pet gates? Children put things in their mouths and when those are painted with lead-based paints, even multiple layers below the surface, small fragments of lead may be ingested and cause damage to the developing brain of the child.

According to the National Library of Medicine, “approximately 590,000 US children aged 1 through 5 had elevated blood lead levels…and 4.3 million children resided in homes with lead paint in 2019.” It’s a big problem.

2) Lead-based Paint becomes airborne—this is seldom considered when discussing paint because this action is unseen by the naked eye. In older homes where double-hung windows are being moved up and down on a regular basis, lead becomes airborne. During a renovation or repainting project, scraping and sanding is performed and cause the lead to contaminate the air we breathe and may be inhaled by the home’s occupants. Therefore, any pre-1978 home being remediated, painted, renovated, or remodeled should be evaluated for lead paint.

3) Untrained professionals pay a $37,500 fine—if a non-trained professional begins work on a pre-1978 home and does not check for lead paint, the fine can be massive. The EPA website states, “from October 2015 through September 2016, EPA entered into 123 settlements for alleged violations of one or more of the three lead-based paint rules—the Renovation, Repair and Painting Rule, the Lead Disclosure Rule, and the Lead-based Paint Activities Rule of abatements.”

Sears Home Improvement Products Inc., for instance, agreed to settle alleged RRP Rule violations related to work performed by its contractors, by paying a $400,000 penalty and adopting compliance measures. This is serious business and, for the small contractor, can put him out of business immediately.

Since 2010, the EPA has approved training providers across the country to teach a one-day Lead RRP course. After having this course, the student takes a short exam and receives a certificate evidencing his training. The professional is then required to register with the EPA which complies with the rule.

“Our problem, as an approved EPA provider,” reported Doug Hoffman, Executive Director of NORMI, “is convincing contractors, remediators and modelers that the course is important and required when working on older homes. To help them make the right decision, our one-day onsite course, has been approved by the State of Florida Mold Related Services for continuing education toward their CE requirement for Certified Assessors and Remediators (7 hours). Still, we don’t see much of a demand, so we hope the lack of awareness is the reason.”

For more information on this course, contact NORMI, National Organization of Remediators and Microbial Inspectors, at 877-251-2296 to voice your interest in this course or email [email protected]. Classes are taught in Florida, Louisiana, Arizona, and California and for individual companies or entities by demand.