Lead Based Paint

Four years after the EPA implemented strict guidelines for lead paint removal from houses built before 1978, an alarming number of hardware stores and painting contractors reportedly are pooh-poohing the dangers of lead paint exposure — like brain, kidney, digestive and fertility disorders — and downplaying precautions that contractors should take to keep you safe. That’s what Angie’s List’s “secret shoppers” found when they asked 200 randomly selected contractors and hardware stores around the country about the best way to strip paint and renovate a child’s room in a 1920s house.

Here’s some sage advice the shoppers collected. “It’s just a bunch of B.S., really.” “Lead only harms you if you eat it.” “Just close the door and wear a mask.” “The whole lead thing is very overblown unless your kids are chewing or gnawing on the windowsills.” According to Angie’s List, nearly 20 percent of contractors and hardware stores gave “poor advice,” including dry-scraping old paint or removing it with a heat gun, two no-no’s when it comes to removing lead paint. Hardware stores were the worst offenders, Angie’s List says, giving dangerous advice 47 percent of the time.

Any contractor who removes lead paint is supposed to have an EPA certification that shows they understand safety precautions associated with lead paint removal. However, even certified contractors can scrimp on costly precautions that will protect your family and neighbors from lead paint exposure. “You have to be an educated consumer in this process, and understand the risks of lead paint and how it affects your family,” says Angie Hicks, founder of Angie’s List. So, if your house was built before 1978 (when most paint contained lead) it’s a good idea to backstop your contractor by knowing some EPA basics of lead paint removal.

1. Minimize dust by misting surfaces with water before sanding or scraping.
2. Only use sanding and grinding machines with protective shrouds that are attached to a HEPA vacuum.
3. Never use an open flame torch or high temperature heat gun (above 1,100 degrees) to remove lead paint.
4. Cover indoor work areas and 5 feet beyond with protective sheeting.
5. Cover exterior work areas with protective sheeting extending 10 feet from the work surface.
6. Keep children away from work areas.
7. Thoroughly clean work areas after painting.

ST. LOUIS (AP) — Lowe’s Home Centers has agreed to pay a $500,000 federal penalty in settling claims that its contractors in at least nine states broke environmental rules for addressing lead paint dust during home renovation projects, two federal agencies announced Thursday. As part of the deal announced by the Justice Department and Environmental Protection Agency, the North Carolina-based home improvement retailer also pledged to adopt a compliance program for dealing with lead paint during the renovation programs offered through its more than 1,700 stores.

The Justice Department’s complaint and brokered deal with Lowe’s, filed Thursday in federal court in East St. Louis, Ill., accused an unspecified number of Lowe’s contractors of not following an EPA rule requiring them to use “lead-safe” practices when working on homes, day-care centers and schools built before 1978. That was the year lead paint was banned for residential use because of health risks. The lawsuit also claimed contractors failed to adequately complete paperwork showing adherence to safe practices in dealing with lead paint in homes being renovated or repaired, and that the company failed to document that its contractors were properly trained or certified. The Justice Department and EPA said Thursday’s deal constituted some measure of environmental or social justice, noting that many pre-1978 homes are in urban areas commonly populated by minorities.

Lead paint can be especially harmful to children, given that high levels of exposure while their nervous systems are still developing can subject them to possible behavioral disorders and learning disabilities if not detected early. Lead exposure also can cause reproductive problems, high blood pressure, nervous disorders and memory problems in adults, as well as seizures and sometimes death. The $500,000 civil penalty agreed to by Lowe’s is the biggest for violations of the federal Lead Renovation, Repair and Painting Rule, the Justice Department said. The deal will undergo a public comment period, then be considered for approval by a federal judge.

“Today’s settlement sends a clear message to all contractors and the firms they hire: Get lead certified and comply with the law to protect children from exposure to dangerous lead dust,” said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. “Lowe’s is taking responsibility for the actions of the firms it hires, and EPA expects other contractors to do the same.” A Lowe’s spokeswoman said the company cooperated with the EPA and resolved all issues the agency alleged. Amanda Manna added that Lowes, among the nation’s biggest home improvement retailers where homeowners can contract for home projects, also said the contractors in question are a sliver of the thousands the company hires.

No project by a Lowe’s contractor dealing with lead-based paint has been shown to have posed health issues, Manna said. The EPA, as part of a review spurred by consumer tips and complaints, said the violations made public Thursday involved certain Lowe’s stores in Alaska, Connecticut, Idaho, Illinois, New Hampshire, New York, Ohio, Tennessee and Vermont.

EPA – Albracht Perma-Siding and Window Co., of Omaha, Neb., has agreed to pay a $6,188 civil penalty to the United States to settle allegations that it failed to notify an Omaha couple about lead-based paint risks before the company or its subcontractors performed renovation work at their pre-1978 home. It also failed to keep records of lead safe work practices it stated it performed at 10 pre-1978 homes in Lincoln, Bellevue, and Omaha, Neb. According to an administrative consent agreement filed by EPA Region 7 in Lenexa, Kan., Albracht or its subcontractors were legally required to provide owners and occupants of the properties with an EPA-approved lead hazard information pamphlet before starting renovations at the properties. It is also required to maintain records of required lead safe work practices performed at the properties.

Window and Door – Building on existing regulations requiring that renovations of homes and child-occupied facilities built prior to 1978 be performed by certified contractors using lead-safe work practices, the Environmental Protection Agency is currently in the process of developing certification, training, and work practice requirements for renovation, repair, and painting activities on public and commercial buildings. Doreen Cantor Paster, associate chief of EPA’s Lead, Heavy Metals, & Inorganics Branch, announced the agency has opened a comment period to allow the public and interested stakeholders to submit data and other information relevant to the creation of new commercial lead paint requirements. This comment period runs through April 1, 2013.

Washington, DC – EPA just announced 16 enforcement actions for violations of lead-based paint Renovation, Repair and Painting Rule, which requires that contractors that work on pre-1978 dwellings and child-occupied facilities be trained and certified to use lead-safe work practices. This ensures that renovation/repair activities like sanding, cutting, and replacing windows are done in ways that minimize dangerous lead dust. Enforcement actions include 13 administrative settlements and 3 filed administrative complaints.

National – The Environmental Protection Agency has delayed its plans to expand the Lead: Renovation, Repair and Painting Rule to commercial buildings until 2015. EPA had agreed to the development of the commercial buildings rule by September 2012. However, as NAHB and other trade groups repeatedly pointed out to EPA and members of Congress charged with EPA oversight, the agency failed to perform prerequisite studies on the potential lead dust exposures to adults – not children – during renovation activities in pre-1978 commercial buildings.

New York, NY – Even relatively low levels of lead in the blood may be linked to an increased risk of gout, a painful form of arthritis. Researchers have known that heavy lead exposure is linked to the condition – a form of arthritis in which the joints periodically become swollen, red and hot. But the new findings connect gout risk to low levels of lead in the blood – well within the range currently considered acceptable for adults.

-National Center for Healthy Housing

This week, the Centers for Disease Control and Prevention (CDC) announced its acceptance of its advisory committee’s recommendation to redefine the level at which children are considered to have too much lead in their blood and to focus the nation’s attention on preventing lead exposure. CDC’s “level of concern,” unchanged since 1991, is a blood lead level of 10 micrograms per deciliter. The new reference value, which is based on population blood lead levels, would focus action on those children with the highest blood lead levels (i.e. those above the 97.5th percentile). The revised value would be five micrograms per deciliter. The change will increase the number of children requiring follow-up services from less than 100,000 to 450,000. The National Center for Healthy Housing and the American Public Health Association expressed their support for the decision, stating that the policy change is supported by overwhelming evidence and that more resources are needed to fully implement the decision.

As part of a White House initiative to review and curb burdensome regulations throughout the federal government, the Environmental Protection Agency says its Lead Renovation, Repair and Painting Program is slated for “early action.” The lead-paint rules are under a “priority regulatory review” intended to yield a “specific step toward modifying, streamlining, expanding, or repealing a regulation or related program,” according to EPA’s preliminary regulatory reform plan, as cited by Window & Door magazine.

While much of the document discusses how EPA will review regulations on a regular basis, with regard to the RRP program, it says specifically that the agency is now considering new post-work requirements designed to ensure cleaning meets clearance standards. Following a brief explanation of the RRP program, the document states:

“On May 6, 2010, EPA proposed additional requirements designed to ensure that renovation work areas are adequately cleaned after renovation work is finished and before the areas are re-occupied. These additional requirements included dust wipe testing after renovations and additional cleaning, if needed, designed to ensure that renovation work areas meet clearance standards before re-occupancy. The cost of EPA’s proposed additional testing requirements were between $272 million to $290 million per year ($2008). EPA is now reviewing the efficacy of both its original testing requirements as well as those additional requirements proposed in 2010 and expects to issue a final rule in summer 2011.”

President Obama announced the across-the-board regulatory initiative earlier this year, asking each agency of the government to establish a process for ongoing reviews of regulations. Each agency was also asked to identify rules and regulations that could be immediately streamlined or eliminated.

The document from EPA was released by the White House May 26 with similar plans from each federal agency, according to Window & Door.

White House officials emphasize that the regulatory reform process will be ongoing, and encourage the public to submit comments on specific regulations and reform efforts at www.whitehouse.gov/regulatoryreform.

Boston, Mass. – May 9, 2011) – A property management company and three owners of rental properties in and around Holyoke, Mass., face EPA penalties of up to $16,000 per violation for violating federal lead-based paint disclosure rules at properties in West Springfield and Holyoke.  According to a complaint filed by EPA’s New England office, Atlas Property Management of Holyoke and the three affiliated property owners are charged with 27 counts of violating lead-based paint disclosure requirements between Feb. 2007 and Nov. 2009 when they rented 11 housing units at 10 properties.

Specifically, the parties are charged with failing to give tenants required lead hazard information pamphlets, failing to include lead warning statements in leases, failing to include disclosure statements regarding lead-based paint or lead-based paint hazards, and failing to provide records or reports pertaining to lead-based paint or lead-based paint hazards. The allegations are based on documents obtained from Atlas during a Sept. 2007 EPA inspection, as well as from the company’s responses to an Aug. 2009 EPA information request.  Atlas is based in Holyoke and manages more than 250 residential rental units.

The federal lead disclosure rule, a part of the Toxic Substances Control Act, helps ensure that tenants get adequate information about the risks associated with lead paint before they sign any lease obligating them to rent the unit. Infants and young children are especially vulnerable to lead paint exposure, which can cause developmental impairment, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.

Federal law requires that property owners, property managers and real estate agents leasing or selling housing built before 1978 provide certain information to tenants and buyers, including: an EPA-approved lead hazard information pamphlet called “Protect Your Family from Lead in Your Home;” a Lead Warning Statement; statements disclosing any known lead-based paint and/or lead-based paint hazards; and copies of all available records or reports regarding lead-based paint and/or lead-based paint hazards. This information must be provided to tenants and buyers before they enter into leases or purchase and sales agreements. Property owners, property managers and real estate agents each bear responsibility for providing lead disclosure information and must keep copies of records regarding lead disclosures for at least three years.