EPA’s Laws on Lead – Just got Heavier

Apr 23, 2010 by Anna

With all the talk of market recovery, tax credits expiring, new Truth in Lending guidelines, this one may have snuck up on you.  Yes, the EPA’s new law requiring contractors to be certified to do renovations on homes built before 1978 went in to effect yesterday, April 22nd.

From the EPA Website:

“To protect against this risk, on April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.”

Exclusions:

From what I can tell the exclusions are owner’s working on his/her own home, areas that are less than 6 sq feet indoors and 20 sq feet outdoors, and homes that have been tested for lead by a certified professional.  Landlords renovating their own properties are required to be certified or hire a certified professional.   Windows are NOT considered a minor repair and will not be exempt.  Renovators working on properties they own but intend to sell don’t seem to be addressed so far in my research.

Penalties:

The penalties can be up to 37k a day and anyone can report the violation including a neighbor and  you will be investigated.   There are states that have opted and been approved by the EPA to administer their own programs including: Wisconsin, Iowa, North Carolina, and Mississippi.   Each of these states should have details of their program on their State Govt. Websites.

What’s this Mean for You?

It sounds pretty life altering but the EPA suggests for contractors and painters that have been following previous EPA guidelines on reno jobs, should only see about a $8 to $167 per job, jump in their costs. I spoke with Fred Lawrence of Lawrence Bros Builders, established green builders who have complied and gone through the training and certification process.  He feels that cost estimate could be conservative given the additional time it takes to isolate the affected areas.

The EPA continues to provide the certification course and their webpage on lead is extremely comprehensive if you are planning a project and want more info.  I have located  15  firms within a 50 mile radius of Nashville that have completed the required course work and are certified.  This number should grow because the paperwork takes time to process and some completed the course very  recently.    The EPA contends this law will effect about 35 million households and Nashville certainly has a number of properties built before 1978 that will be affected.