EPA Lead Safe Law Means Headaches For Contractors, Higher Prices For Consumers

By Nancy K. Crevier

Lead, a heavy metal, has been used for centuries in the manufacture of numerous household and industrial items and in building construction. It is a powerful neurotoxin that when ingested can accumulate in soft tissues and bones and lead to nerve disorders. It is particularly toxic to children under the age of 6, whose brains and nervous systems are developing.

The most common form of lead ingestion is through lead dust from deteriorating lead-based paint and lead-contaminated soil, according to the US Environmental Protection Agency, with 87 percent of homes built before 1940 containing lead, and 69 percent of those built between 1940 and 1960 likely to contain lead. When homes are renovated, construction practices such as sanding, cutting, and tearing down walls can lead to exposure to the lead dust and chips.

Two years ago the US Environmental Protection Agency (EPA) issued a requirement that contractors use lead-safe practices such as containing the work area, minimizing dust, and thoroughly cleaning up to reduce the incidence of lead poisoning. Then, beginning April 22 of this year, a more stringent regulation went into effect requiring that “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….” The federal law applies to projects that disturb more than six square feet of paint in homes, child care facilities, and schools built before 1978.

The new law, while protecting consumers, may mean added costs passed on to the homeowners by renovators. The new law requires that a firm file an application and pay a fee of $300 to the EPA to undertake any renovation involving lead-based activities. At least one company employee must pass an eight-hour EPA-approved training program to be certified as a Certified Renovator, responsible for training others in the company and ensuring that work is done properly. Renovators must be re-certified every five years, at an additional cost of $300 each time.

Before beginning a job, contractors must now provide the customer with a copy of the EPA lead-hazard information brochure Renovate Right, and post warning signs outside of the work area. A copy of the state lead training certificate must be supplied to the homeowner.

An area of containment must be set up to prevent dust from spreading. Sanders and grinders, common tools used in renovation, can be used only if equipped with HEPA exhaust. When the work is completed, the certified renovator must verify cleanup by matching a cleaning cloth with an EPA verification card. Cleanup of the work site must be repeated if the test cloth appears dirtier than the card.

The trained contractor is required to keep a complete file of project records for three years, documenting all work. Those records, as of this coming July, must be shared with the customer within 30 days of the job’s completion.

“It’s a heck of a burden,” said Newtown residential remodeling contractor Bruce Goulart. With 40 years of experience under his belt, Mr Goulart realizes that care must be taken to protect workers and consumers from hazards, but the newest laws are, he said, “Over the top. I think that experience, common sense, education, and being certified are justified, but after that there is a diminishing return that gets ridiculous.”

Mr Goulart was certified in safe renovating practices in 2002, and on Monday, May 17, was certified in the new joint EPA and Housing and Urband Development regulations at an all-day course taught by Sally Odle of SafeHomes, Inc of Waterbury. “This was mostly a refresher course for me, but the new curriculum entails lots more paperwork, recordkeeping, and new rules and regulations. If I’m doing a HUD project, for example, I have to follow one set of rules; if it’s an EPA project, which most home renovations are, I have to follow another set of rules. The two agencies aren’t in step with each other yet,” he said.

The class covered the seven modules for joint EPA-HUD rules, said Mr Goulart, of regulations; using EPS-recognized test kits; setup practices; review of prohibited practices, protective eqpuipment, and dust control; cleaning activities and checking your work; recordkeeping; and training of noncertified renovators.

The practices demand extra time and cost for both contractor and consumer, said Mr Goulart. The initial meeting with a client will take longer, as all rules must be explained, literature on lead safe practices provided, and paperwork signed off on before work can begin.

The contractor must have on hand and use only EPA-approved lead test kits, or if the test is not done, it must be assumed that there is lead and all lead-safe practices must be applied.

An area of confinement must be set up for each room in which work is being done, consisting of sealing off the area with plastic taped to EPA specifications.

If workers do not wear disposable coveralls, each time a worker leaves the area of confinement, that clothing must be removed and left there, or the worker must be completely vacuumed with a HEPA vacuum — a vacuum fitted with a HEPA filter no longer qualifies. “Special EPA approved masks must be worn by all workers. The purchase of new equipment for contractors, like the vacuum and sanders, will be a major expense. These costs will be passed on to the consumer and will range in the hundreds of dollars, maybe thousands for commercial projects,” Mr Goulart predicted.

Taking down the plastic and even folding it up for disposal must be done in a specific manner, another time-consuming process when cleanup begins, he said. Cleaning verification for a project will include the added costs of the purchase of a HEPA vacuum for many contractors, as well as the purchase of Swiffer-like mops and cloths and the EPA verification cards against which the cleanliness of the cloth must be matched. Walls, floors, fixtures, and any other items in the work area must be vacuumed and mopped. If the cloth and card do not meet the EPA standard, the entire cleanup must be done over and resubmitted to the EPA, said Mr Goulart.

There is the chance, too, he said, that renovators will lose out on business when more homeowners opt to do the work themselves, as prices increase due to the costs contractors will have to pass on. That could become a safety issue. “Homeowners are not trained in lead safe practices,” said Mr Goulart. “You definitely don’t want to be sanding when there are kids around and maybe lead in that paint. But I don’t know if homeowners will be that careful,” he said.

“It’s a good idea to have safe practices and I will try to follow them, but now I’m afraid there are so many small rules, I’ll forget to do something and it will be hard not to violate something,” Mr Goulart said.

Contractors who follow through on becoming certified will be pitted against those who choose to take a chance, said Mr Goulart, affecting service prices. As he understands it, spot checks will be performed at work sites by EPA officials as to whether or not a renovator is certified and if lead safe practices are being adhered to on the job. Fines can be as high as $37,500, said Mr Goulart, a number confirmed by SafeHomes, Inc instructor Sally Odle. Local building inspectors or other local officials are not required to oversee this EPA regulation.

“It’s an honor system. You’ll always have some contractors who don’t go by the rules,” said Mr Goulart. Homeowners must take it upon themselves to request proof of certification, but may not be aware of the law or may be influenced by a less costly renovation charge.

“I don’t see these laws as being a huge value to the general public,” saie Mr Goulart. “Just being conscientious and using common sense is more than enough. But there you are — that’s what we have, for now.”