Posted by Mark Paskell on Sun, Mar 28, 2010 @ 06:09 PM
Update for contractors on the EPA RRP Lead Rule effective date. Senators signed a letter to the OMB urging the delay of the effective date unless the goals of the law have been reached.
I met with the Boston EPA Region 1 manager and RRP Coordinator twice last week and they doubt the effective date will be delayed or extended. This was based on their most recent information form their superiors. They said it was highly unlikely to expect extensions unless there was considerable pressure. The letter says it is bi-partisan but only one democrat signed the letter with 7 republicans. Giving the recent health care bill passsage I would be shocked if this final attempt will work. Time will tell. In the meantime I urge all contractors and property owners to schedule their training and certifiy their firms as soon as possible.
Here is the letter;
Senators Send Bipartisan Letter Urging EPA Action on Lead Rule March 26, 2010
Contact:
Matt Dempsey Matt_Dempsey@epw.senate.gov (202) 224-9797
David Lungren David_Lungren@epw.senate.gov (202) 224-5642
Senators Send Bipartisan Letter Urging EPA Action on Lead Rule
Jobs, Health At Risk, As Thousands of Contractors Have Yet to Be Certified
Link to Letter
WASHINGTON, DC - Several United States Senators last night sent a bipartisan letter to the Office of Management and Budget (OMB) urging OMB to ensure compliance with EPA's Lead: Renovation, Repair and Painting Rule. The Senators wrote, "We strongly urge OMB to take whatever actions necessary in the next 26 days to ensure that when this rule goes into effect, there are enough certified renovators available to meet the compliance goals of the rule."
Starting on April 22, 2010, renovation work that disturbs more than six square feet in target housing must be supervised by a certified renovator and performed by a certified renovation firm. In its economic analysis of the rule, EPA estimated that it would need to certify 236,000 renovators between April 2009 and April 2010. According to EPA, the agency has certified only 50,000 renovators, well below EPA's estimated 236,000 needed to meet the requirements of the rule. Additionally there are several states-Oklahoma, Louisiana, South Dakota, Wyoming, West Virginia--and the District of Columbia, which currently have no approved trainers.
U.S. Sen. James Inhofe (R-Okla.), Ranking Member of the Senate Committee on Environment & Public Works, joined Senators Mike Crapo (R- ID), David Vitter (R-LA), George Voinovich (R-OH), Lamar Alexander (R-TN), Chuck Grassley (R-IA), Ron Wyden (D-OR), John Barrasso (R-WY), Christopher Bond (R-MO) and John Thune (R-SD) in signing the letter.
Background
The letter echoes concerns raised in recent letters sent to OMB from Senators Byron Dorgan (D-ND), Kent Conrad (D-ND), and a bipartisan group of members in the House of Representatives. Further, Senator Amy Klobuchar (D-MN) urged EPA to come up with a solution that will ensure that contractors have the opportunity to come into compliance with this rule and that children's health is protected at a recent hearing of the EPW Subcommittee on Children's Health.
The issue has also been raised before the Senate Energy and Natural Resources Committee. In testimony before the committee on March 11, Bob Hanbury, speaking on behalf of the National Association of Homebuilders, raised concerns about "potential conflicts between Home Star and an environmental rule - e.g., the EPA's Lead: Renovation, Repair and Painting Rule (LRRP) - that may create a serious compliance problem whereby it becomes illegal to work on any pre-1978 without certification by EPA in Lead Safe Work Practices (LSWP) as of April 22, 2010."
The construction and renovation industry has lost nearly 2 million jobs since the recession started. Unemployment in construction and renovation jumped to 24.7 percent, more than double the national rate of 9.7 percent. The sector is expecting that another 5 percent of construction workers will lose their jobs in 2010. Currently, EPA has only 184 accredited training providers and 50,000 certified renovators nationwide. EPA believes it can train 100,000 renovators by the April deadline-this is less than half of the required 236,000, well short of what's needed to carry out millions of renovations annually. In addition, EPA has stated that the certification process takes six weeks or more to complete. Industry estimates that over 200,000 renovators still need to be certified before the April 22, 2010 deadline.
In addition to last night's letter, Senators Inhofe and Vitter have sent letters (here) and (here) to EPA Administrator Lisa Jackson regarding the pace at which EPA was certifying trainers and training facilities.
Text of the letter:
We are writing today to express our concerns about the impending April 22, 2010 deadline for implementing EPA's "Lead: Renovation, Repair and Painting Rule." Starting on April 22, 2010, renovation work that disturbs more than six square feet in target housing must be supervised by a certified renovator and performed by a certified renovation firm, as outlined in 40 CFR ยง 745.85.
EPA, in its economic analysis of the rule, estimated that it would need to certify 236,000 renovators between April 2009 and April 2010, with another 94,000 renovators between April 2010 and April 2012. According to EPA they have certified only 50,000 renovators, well below EPA's estimated 236,000 needed to meet the requirements of the rule. The National Center for Healthy Housing estimated that it is taking EPA nearly eight weeks to certify trainers, and currently has only 184 certified training providers. In order to meet the compliance goals of the rule, many more training providers and training sessions are needed. Additionally there are several states-- Louisiana, South Dakota, Wyoming, West Virginia-- and the District of Columbia, which currently have no approved trainers.
We believe the new lead rule can only work if there are enough certified renovators to meet the rule's compliance goals. We strongly urge OMB to take whatever actions necessary in the next 26 days to ensure that when this rule goes into effect, there are enough certified renovators available to meet the compliance goals of the rule. These actions could include ensuring EPA has enough resources devoted to compliance assistance, speeding up the turnaround time for approving trainers, expediting public awareness and media campaigns and, if necessary, delaying the rule's implementation or phasing in the rule in areas where there are adequate certified renovators.
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Posted by Mark Paskell on Wed, Mar 24, 2010 @ 10:28 PM
BREAKING NEWS
The Contractor Coaching Partnership has been invited to speak at the Pella Pro Expo tomorrow at Gillette Stadium. I was contacted a few weeks back by a fellow NARI member, Ian Dobbs of Pella in Haverhill Mass to speak about the EPA RRP Lead Rule.
In the past two months we have provided EPA RRP Certified Renovator training for over 600 contractors. We are scheduled to train another 1800 through June. Last fall I noticed a shortfall in available trainers to train contractors in our NARI chapter as well as other contractors in the Boston market. This situation concerned me so I made a decision to bring training to as many contractors as possible in the Massachusetts market. I had no idea this would consume my entire schedule like it has.
I believe this is a major reason why Pella invited us to speak on this industry changing topic. In early January I was joined by Shawn McCadden and Greg Antonoili to speak with the EPA in Boston on behalf of the EM NARI chapter. We then held a town hall meeting at our January meeting led by Shawn McCadden. It became obvious that this rule would become a major factor in how we run our businesses.
I am honored to have the opportunity to address the professionals at the Pella Pro Expo and would love to talk about the things I do as a contractor business coach. But I think that should be saved for another day. There is a greater obligation and opportunity to our industry. With that said, tomorrow will be all about the EPA Boston Officials, EPA RRP Rule and the major role NARI is playing to educate all contractors in the Mass market.
I approached Pella and asked them if they would like to have the EPA address the show attendees and talk about the EPA RRP Lead Rule. They thought that would be a great idea. I am thankful they have given us this opportunity.
NARI Delivers
In January, the EPA asked EM NARI President Greg Antonoili, Shawn McCadden and I if we could help them get in front of key groups to spread the word of the new RRP Lead Rule. I thought this Pella event would be a great way to help them and so did they.
Yesterday, we were able to deliver another opportunity to them, to speak to the Mass Federation of Building Officials in Charlton, Mass. We also invited the state Department of Occupational Safety who attended. This meeting went well and all present were pleased to have the opportunity to discuss the EPA RRP Lead Rule. (I will write another post about that meeting).
The Mission of NARI coincides with my mission to lead our industry in the pursuit of contractor education, best practices and professionalism. Tommorow, I get to live up to that mission by stepping back and giving the EPA the limelight to speak about this industry changing regulation. They are appreciative and have stated that they are glad to work with NARI and look forward to a mutually beneficial relationship.
Hope to see you there.
mark the coach
Posted by Mark Paskell on Tue, Mar 23, 2010 @ 07:07 AM
I am ready to leave for my meeting today to fight for the rights of legal contractors in Massachusetts. Maybe this will even help contractors throughout the country.
I am scheduled for a meeting at 9:30 AM in Charlton, Mass with the Mass Federation of Building Officials. I was invited by the President, Robert Camacho. It turn out that a friend I grew up with is a building inspector and he got me the invitation.
I have invited Industry expert Shawn McCadden to join me. We will be joined by Nancy Barmakian and Jim Bryson from the Boston EPA Regional Headquarters. Also we have invited Ernie Kelley and Patty Sutcliff from the Division of Occupational Safety. DOS has applied to the EPA to take over the administration and enforcement of the EPA RRP Lead Rule.
My goal is to seek a requirement that will allow the building inspector to require an EPA Certification when any contractor applies for a permit.
I am excited to have this opportunity to fight for contractors and hope I can help lead the charge to establish a level playing field for all legal hard working contractors in Massachusetts and maybe even America.
Wish me luck.
I will let you all know the results in a few days.
mark the coach
Posted by Mark Paskell on Wed, Mar 17, 2010 @ 08:05 PM
In January when I met with Nancy Barmakian, Jim Bryson and Bob Carter of the Boston Region 1 EPA office I was asked if we could help them get in front of Building Inspectors in Mass. I was joined by Shawn McCadden and Greg Antonoili (EMNARI President).
This meeting was the start of dialog between the EPA and EMNARI, Shawn McCadden and The Contractor Coaching Partnership.
I am happy to report that a meeting has been secured for the purpose of bringing three parties together regarding the enforcement and administration of the EPA RRP Lead Rule which goes into effect on 4/22/2010.
This meeting is the monthly board meeting for the Mass Federation of Building Officials. I was invited by Robert Camacho, the current President, to come in and discuss the new RRP Lead Rule. I asked if I could bring the EPA and he gladly obliged.
In addition, the State of Mass is now applying to the EPA to administer and enforce the law under the supervision of the EPA. There is currently emergency legislation pending at the State House which will clear the way for the State of Mass to take over. Negotiations are underway with the EPA. The time table is not certain however the goal is to have it in place as soon as possible. The Department of Safety held a hearing on this matter two weeks ago in Shrewsbury, Mass. I was there with about 20 people.
The meeting on the 23rd will be attended by Shawn McCadden, The Contractor Coaching Partnership, Boston EPA officials, and officials form the Mass Department of Safety.
Our goal is to bring these parties together so that we can all work as a team to navigate the transition to full implementation of the RRP Lead Rule.
My personal goal is to lay the foundation which will lead to the building inspectors requiring EPA RRP Certification when obtaining permits to work on pre-1978 homes. I will ask the EPA and the State of Mass to help our local building officials with funding for increased staffing and administration. The current financial climate makes it difficult to expect building inspectors to absorb an additional responsibility without financial support. I will ask if there is grant money available to help. Mr. Camacho stated at the public hearing in Shrewsbury he would support the law provided that the building inspectors receive support. He stated without support and clear expectations it would not be reasonable to expect an overworked and understaffed inspector industry to be successful supporting the law.
Today, The Contractor Coaching Partnership finished training our 480th contractor on the EPA RRP Certified Renovator Course. Many have stated their concerns that they will have to compete with illegal contractors who fly under the radar. The three groups that are talked about are undocumented aliens, contractors who are unlicensed and uninsured and the most frequent our local municipal workers like fireman and teachers.
Our mission is to create a level playing field for legal contractors in every city, town and village in Massachusetts. It is time that we demand a level playing field for all legal contractors who play by the rules. The best person for carrying this out are the local building officials who know the contractors and citizens of their town. This grassroot effort needs everyone's support. Please join me and share your thoughts and I will make them known to these officials.
I will report the results of the meeting next week.
Stay tuned.
mark the coach
Posted by Mark Paskell on Mon, Mar 08, 2010 @ 08:54 PM
This weekend, The Contractor Coaching Partnership will be conducting two seminars on the EPA RRP Lead Rule for homeowners at the Worcester, Massachusetts DCU Spring Home Show. I am scheduled to present these seminars at 12:30 PM on Saturday 12/13 and Sunday 12/14.
On 1/5/2010 I met with the Boston EPA Region officials and asked them are they going to advertise the EPA RRP Lead Rule to the homeowner. They indicated that adds were in the works and they thought they would start late January. To date they still are not positive when they will air.
I have decided to start seeking opportunities to spread the word to consumers. Whenever the adds start is up to the EPA. I think it's time the industry takes matters into their own hands. I see this as one opportunity to start educating the homeowner on the Lead Rule in my community. The lack of information to contractors and building officials is well documented. Have you asked any homeowners if they have heard of this new rule? I ask everyone and I have not met one person in three months since I started asking!
This seminar will explain the highlights of the rule, the dangers of lead and what is required to become certified. I will explain the things contractors must do in order to follow the law.
Then I will explain to the attendees what risks they take when they hire a non-certified contractor. I will lay out the scenario of hiring a non-compliant contractor and then experiencing a job stopped by an EPA visit. I will let them know what the industry is faced with trying to comply with a rule that is virtually unknown to many. Then we will explain the benefits of hiring the legal contractor and how they will benefit from cleaner and safer jobs.
The Worcester Telegram and Gazette also published an article I wrote called;
Homeowner Alert; Is your contractor EPA certified to work on your home? (click to read article)
I wasn't sure what they would print until today but they printed the whole thing just as it was written in the Home Show Guide.
I mention this with the thought that others may seek out opportunities like this in their own communities to start educating the public. If the residential construction industry can start producing press releases for print maybe we can educate the consumer on own own. Who knows when the EPA is going to start their promised campaign. Let's take ownership of the issue and get the word out.
Place a EPA RRP Web Page on Your Website
We can all start educating our customers and potential customers by placing an EPA RRP Lead Rule page on our site. This will begin the education before you get to their home and may make it easier to explain the details.
Posted by Mark Paskell on Sun, Mar 07, 2010 @ 03:44 PM
One of the biggest failures of the EPA RRP lead Rule is little or no media exposure. Well yesterday the Boston Globe published an article about the EPA RRP rule. Although several facts were wrong and the article left out many key points it is a good start.
The article incorrectly stated the amount of people trained in Mass to date claiming around 400. I know we have already trained 400 and there are several other trainers who have likely trained a few thousand. The article also stated there are only 236,000 people in America that need to be trained. Just think out of 300,000,000 people do you really think there are only that many. Try 2 to 3 million. (my guess)
Last Tuesday, at the hearing in Shrewsbury where the DOS held a public hearing on taking over the program, they reported that there are only 20,000 contractors in the entire state of Mass needing certification. It is closer to 150,000 (my educated guess). This hearing was poorly advertised and only had 25 people present.
Hopefully in the coming weeks we will see more media coverage for this industry changing rule.
Boston Globe Article
mark the coach
Posted by Mark Paskell on Sat, Mar 06, 2010 @ 10:59 PM
On Tuesday, 3/2/2010 The Contractor Coaching Partnership attended a meeting at the University of Massachusetts Shrewsbury location on the EPA RRP Lead Rule. Please excuse the long post but there is a lot to report.
The Department of Safety and the State of Massachusetts is seeking approval from the EPA to administer and enforce the EPA Renovate, Repair and Painting Rule. This industry changing rule goes into effect on 4/22/2010. The DOS assembled a board including the Commissioner of the Department of Safety and heard comments from the attendees.
Present at the meeting were Nancy Barmankian and Jim Bryson from the EPA Region 1 headquarters in Boston, Patty Sutcliff and Ernest Kelley form the Division of Occupational Safety and Robert Camacho, President of the Mass Federation of Building Officials.
Joining myself were Shawn McCadden and EMNARI President Greg Antonioli and other industry professionals. There were approximately 25 people total.
The forum allowed individuals who wanted to testify, the opportunity to comment on the state take over of this rule.
I testified that the state take over would only be successful if it included the assistance of the local building or health inspector. I stated that professional legal contracting companies who comply with the law, will be economically damaged if black market contractors are allowed to work illegally in the state. I stated that the black market construction industry included three groups;
1. Contractors who operate without the proper licensing, registration and insurance.
2. Undocumented immigrants and the companies who use them.
3. Municipal workers in our cities and towns who moonlight under the radar outside of their public positions.
I argued that contractors who are allowed to work with out the fear of penalty will pose great economic hardship to all professional contractors who do the right thing and play by the rules. Current consumer pressures are forcing homeowners to look at the cheapest price and hire the illegal contractor. Illegal contractors pose great risk to homeowners and employees performing unsafe work and many times telling homeowners to get their own permits.
Mr. Camacho stated that he would be glad to support the change provided that his inspectors are given the tools, financial support and proper authorities that can be counted on when they discover a violation.
The board stated that there are 20,000 contractors that are effected and will need to be certified. I stated (my best educated guess) that the number is way off and is likely closer to 150,000 for the State of Mass. The state is probably not counting all the trades and companies that fly under the radar.
I read three comments from contractors who posted to this blog on Monday night to let the state know how contractors feel about this law. The main concern for professional contractors is that they will comply and will have to compete with the underground contracting trades who will not.
The Contractor Coaching Partnership agrees and is on a mission seeking equal and fair enforcement of this law in every city, town, borough and village in the entire state of Massachusetts. I plan to work with the EPA, DOS, and Mass Federation of Building Officials to achieve this outcome.
The next step is to bring all the parties together in one room. I am happy to report that we have successfully arranged for this to take place.
On 3/23/2010 The Contractor Coaching Partnership has been invited to speak with the Mass Federation of Building Officials at the monthly board meeting. I understand that this meeting will include board members from the MFBO who represent building officials throughout the State of Massachusetts. I have invited the EPA and DOS to join us. I am excited and grateful to Mr. Camacho for this opportunity to begin the process of working together to find a way to create a level playing field. The goal of The Contractor Coaching Partnership is this; to require that any permit given in the state of Massachusetts on a property built before 1978 also require an EPA Certified Renovator and Firm License.
If you haven't noticed, I am very passionate about this matter and it drives me every day. I am tired of the lack of enforcement that is so rampant in our state that allows the black market construction industry to operate with impunity. It is time for a grass roots effort that includes all officials to rid the state of illegal contracting even if it means we have to tell the local fireman and teacher moonlighting on the side that they must become totally legit or stop working on the side for cash.
Lastly, I stated that something should be considered to dissuade homeowners from hiring illegal contractors. I suggested that maybe a fine against the homeowner filed on their tax bill may be a good place to start.
So fellow contractors, friends and readers of this blog do you think there is anything else I should do? I am just getting started.
mark the coach
Posted by Mark Paskell on Tue, Mar 02, 2010 @ 08:34 PM
Just found out that there will be a public hearing for the state of Massachusetts to take over the administration and enforcement of the EPA RRP lead Rule. I was informed by the Boston EPA office last night. I am glad the EPA gave me a heads up. The EPA will be present at this important meeting.
I am perplexed why the state of Masschusetts is not including the building industry in their notifications. The EMNARI chapter has not been informed. I do not know about the builders association.
To date we have provided EPA RRP training for 400 contractors and one of the most common statements is the lack of notification from officials. I just happened to call the EPA on an unrelated matter and they informed me of this hearing. When I receive important information like this I will let you know on this blog.
I will be joned by Shawn McCadden and Greg Antonoili to represent EMNARI and the residential construction industry.
I will write a blog post about this hearing later in the week to help my readers stay informed.
Here is the notification;
In accordance with 40 CFR 745.324(a)(2), the Massachusetts Division of Occupational Safety (DOS) will hold a Public Hearing to receive comments on its intent to seek authorization from the United States Environmental Protection Agency (EPA) to administer and enforce a regulatory program for renovation, repair and painting work that disturbs lead paint in pre-1978 housing and child-occupied facilities. To meet the requirements for EPA authorization, the DOS-administered program must be as protective as that set forth in EPA regulations at 40 CFR 745.80 through .92 - the Renovation, Repair and Painting Rule (RRP Rule). The lead regulatory program set forth in the RRP Rule, which will become fully effective on April 22, 2010, includes requirements for the certification of firms carrying out work subject to the Rule, training of supervisors and work practice standards. The hearing will be held on Wednesday March 3, 2010, from 12:30 p.m. to 2:30 p.m. in the South Street Amphitheater of the UMass Medical School at 333 South Street, Shrewsbury, MA. Comments on DOS' intent to seek this authorization may be sent to Laura Marlin, Commissioner, Massachusetts Division of Occupational Safety, 19 Staniford Street, 2nd Floor, Boston, MA 02114 until the close of business on March 12, 2010.
Proposal to Seek EPA Authorization to Regulate Renovation Work Involving Lead Paint
As allowed in EPA lead paint regulations at 40 CFR 745.324, the Division of Occupational Safety (DOS) is proposing to apply for EPA authorization to administer and enforce standards for renovation work that disturbs lead paint in pre-1978 residences and child-occupied facilities. DOS had previously applied for and received a similar EPA authorization to administer state standards for deleading work in 1999.
The Division of Occupational Safety and the Childhood Lead Poisoning Prevention Program (CLPPP) of the Department of Public Health have been administering the requirements of the Massachusetts Lead Law (M.G.L. 111, ss. 189A through 199B) for more than twenty years. Pursuant to 105 CMR 460.000, CLPPP regulates lead paint inspections and standards for deleading compliance. Pursuant to 454 CMR 22.00, first promulgated in 1989, DOS licenses contractors who carry out deleading work and prescribes the work practices for such work.
In 1996, the federal EPA promulgated standards ("Lead Paint Activities" - 40 CFR 745.220 through 239) for deleading work in pre-1978 residences and child-occupied facilities. These standards set forth licensing requirements for companies engaged in deleading work, training requirements for deleaders, work practice standards and job clearance requirements. Pursuant to 40 CFR 745.324, states with deleading regulatory programs as protective as the federal standard could apply to EPA to administer their own programs, in lieu of the federal deleading regulations being enforced by EPA in those states. DOS amended its deleading regulations, 454 CMR 22.00, to bring them into line with the EPA deleading regulation in 1999 and applied for and received EPA authorization to administer its own standards in Massachusetts. It has been administering those standards under EPA delegation since that time.
In April 2008, EPA promulgated regulations, the "Renovation, Repair and Painting Rule, (RRP Rule), 40 CFR 745.80 through 745.92, which regulate renovation work that disturbs more than de minimis quantities of lead paint in pre-1978 residences and child-occupied facilities. Licensing and training requirements for companies and individuals carrying out this work, as well as work practice standards and job clearance standards are also specified. As was the case with EPA's Lead-Based Paint Activities Rule, states with regulations and regulatory programs as protective as the federal standard can apply for EPA authorization to administer their own programs. The Division of Occupational Safety (DOS) is planning to seek EPA delegation to administer a regulatory program for lead-safe renovation in Massachusetts pursuant to 454 CMR 22.00. If DOS receives this delegation, it will have responsibility for administering and enforcing the Rule. If DOS does not receive delegation, EPA will have the responsibility for administering and enforcing the RRP Rule in the Commonwealth when the Rule becomes fully effective on April 22, 2010.
mark the coach