Lead poisoning in Flint, Michigan and the EPA’s Renovation, Repair and Painting (RRP) Rule - by Lee Wasserman

Right now is the time for you and your staff to find your Environmental Protection Agency’s (EPA) lead-based paint Renovation, Repair, and Painting (RRP) Rule course completion certification and determine when it expires. The next step is to schedule to refresh (www.RRPTrainer.com). What has occurred since your initial RRP course in 2010? In April 2014, Lowe’s Home Improvement agreed to implement a comprehensive corporate-wide lead RRP compliance program of 1,700+ stores nationwide to ensure that the contractors they hire to perform work minimize lead dust from home renovation activities. Lowe’s also agreed to pay $500,000 in civil penalties for this violation. To date, this is the largest enforcement action of the RRP Rule. In April 2015, EPA, under pressure from several large trade associations, political action committees, and several senators, became the EPA and provided a one-year extension on EPA’s RRP Rule of completing a four-hour refresher course versus taking the course on the fifth year of expiration as initially regulated. Why? To provide them more time to reduce or eliminate the rule’s requirements because of political influence. In Oct. 2015 EPA announced 75 enforcement actions for violations of the rule. “Ensuring that lead-based paint is properly removed and handled helps protect children’s health when repairs or renovations are performed in older housing, particularly where kids live,” said Cynthia Giles, assistant administrator for EPA’s office of enforcement and compliance assurance. “These cases show that EPA is serious about making sure companies that break the law are held accountable when they undercut responsible businesses and put public health at risk.” According to an article written in The Daily Caller New Foundation, “On Jan. 5^th, 2016, after one year of known lead in water problems, governor Snyder of Michigan declares a state of emergency due to dangerous levels of lead in water. EPA says it ‘did its job’ despite not telling Flint its water was contaminated. EPA officials knew as early as April 2015 that state regulators were not using the correct standards for preventing lead contamination, but instead of publicizing the news, the agency quietly prodded state regulators and waited on a legal opinion that did not come for months. The stated mission of the EPA is to protect human health and the environment, yet the agency’s failure to notify Flint residents that their drinking water was unsafe is a clear deviation from that mission. Senator David Vitter of Louisiana further writes that EPA administrator, Gina McCarthy, put all the blame for the agency’s failures on the region administrator.” You can read the article further here: http://dailycaller.com/2016/01/18/epa-says-it-did-its-job-despite-not-telling-flint-its-water-was-contaminated/#ixzz3za0XTiVD. In April 2016, EPA’s RRP recertification extension will begin to expire. Approximately half a million tradespeople will be required to complete a four hour refresher class and resubmit a firm certification to EPA along with licensure fee prior to the expiration if not already done or run the risk of being in violation of EPA’s federal lead based paint law. For recertification EPA requests 90 days prior to your current certification’s expiration date plus add the one year extension to obtain your current expiration date. Prior to the Flint, Michigan lead in water situation, EPA was being heavily influenced by several national trade associations and politicians to, “eliminate,” the RRP Rule or to substantially relax its lead safe work practice requirements. Eliminating basic lead safety procedures and practices from the curriculum and again, EPA putting millions of homeowners, children, and trades people at risk of lead poisoning and unnecessary litigation, just like they knew and did to the residents of Flint. Maybe because they did not want an issue with their “Environmental Political Agenda.” The EPA may be amending the rule during the first quarter of 2016 to require those in the trades who historically learn best from touching and doing, to now be able to take their refresher, 100% on line, which is clearly political Influence vs. good public health policy. Since the subject of toxic lead is big time current national news and EPA’s RRP Rule is about to begin its first regulatory required refresher cycle, I would recommend when refreshing your RRP certification you look for the following in a training provider so you are best prepared, educated on the subject, and have a continual resource to discuss lead in paint, dust, soil, and water issues when they arise. Look for substantial prior training experience in the subject of environmental lead, instructors with years of real life practical experience, look for a relationship with the instructor and training provider for future discussion as lead questions arise during normal course of business. Look for those that teach English and Spanish courses, assistance with record retention, and assistance with compliance. Don’t become a part of the current lead poisoning headlines. Refresh, resubmit your firm certification and stay compliant! Courses are already being scheduled and seats are being filled. Don’t wait. Give yourself at least 90 days! Lee Wasserman is the president of LEW Corp., Mountainside, N.J.