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Voice Your Concern With The RRP Here

 
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Old 04-01-2010, 09:29 PM   #1
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Voice Your Concern With The RRP Here



All members of the Home Improvement Industry - Let your voice be heard by sending a letter, email or phone call to your political representative using this thread to let them know you do not agree with the implementation of the EPA’s RRP rules and regulations, that there is too much confusion, trainers are also creating confusion due to their personal interpretation between requirements and recommendations contained in the RRP. Business who wish to comply are in fear due to the ambiguousness of enforcement, the difficulty of compliance and the crippling threats of the $37,500 fines per incident. There is also no homeowner compliance currently. Why are there no provisions to ensure homeowner’s will hire only companies that are certified?

Step #1
3 ways to get your message to your political representatives:

1) Use this link to send your message to your congress man via email
https://writerep.house.gov/writerep/welcome.shtml

Use it to look up your representative then you can copy and paste the letter at the bottom of this post into the message box, or send your own personal message.

2) & 3) Another link similar to the first but also with information on how to send a letter by mail or call them by phone
http://www.senate.gov/reference/common/faq/How_to_contact_senators.htm

Step #2

Insert this message into your signature to help spread the word to others to use this thread:

Click here to let Washington know you disagree with the EPA’s RRP




Quote:
<Letter to send>
------------------------------------------------------------------------------
Good afternoon,

I write to you today on a matter of great importance to the American people. While the nation works to recover from this "great recession", EPA regulations taking effect this year are poised to deliver a significant blow to the construction and real estate markets. Both of these segments are important to an economic recovery, and both will be significantly impacted by the EPA's Renovation, Repair, and Painting Rule (RRP Rule) taking effect April 22, 2010. Political pressures over the last several years have forced the EPA to press a very flawed regulation into effect, which in it's current form will have far reaching consequences with very little added benefit toward its stated goals. Even as you read this, pressures from special interest groups are forcing the EPA's hand to make these regulations even more restrictive and damaging to the economy. As professionals within the residential real estate and construction industries, we are urging our representatives to address these issues before they do lasting harm to the recovery.


Rule History

The RRP Rule was issued in 2008 to address lead hazards created from renovation activities in homes and child care facilities. It establishes certification and work practice standards that must be followed by firms performing work on homes and child-care facilities built before 1978. The most damaging aspects of the rule to our economy are due to take effect April 22, 2010. The EPA derives its authority to do this from the Toxic Substances Control Act (TSCA). In 1992, the TSCA was amended with the Residential Lead Based Paint Reduction Act. In it, congress mandated that the EPA conduct a study of lead hazards due to renovation and remodeling activities that may incidentally disturb lead-based paint in homes.


Rule Costs: Significant and Underestimated by the EPA

The construction industry has been one of the hardest hit by the recession. Over the past two years, unemployment and business failure rates in this segment have been higher than nearly any other. The EPA estimates the costs of the rule to be minimal:

From the Rule:
"Given the relatively low estimated overall average per-job cost of this final rule, which is $35, and the relatively easy-to-use work practices required by this final rule, EPA does not expect the incremental costs associated with this rule to be a determinative factor for consumers." -Federal Register: April 22, 2008 (Volume 73, Number 78), page 21702

This statement demonstrates a complete lack of understanding of the renovation industry on the part of EPA, and the lack of any meaningful cost/benefit analysis of the impact of its rule.

The paperwork and reporting requirements of the rule alone will add several hours in administrative labor costs. More significant are the work practice requirements of the rule--which will add significantly to the labor cost of renovations to older homes. Estimates have pegged the increase in project costs anywhere from 1% to as much as 30%, depending on the size and scope. In addition to the increase in project costs, firms are faced with significant up front costs as well. Startup costs for firms who must comply with the rule are estimated to be from $1,500 to $2,000 for training, certification fees, equipment and administrative expenses.


Rule Benefits: EPA's Research and Assumptions Flawed

While we cannot argue with the intentions of the EPA's rule--to completely erradicate lead hazards to children from renovation, repair, and painting activities--we have serious reservations about whether or not this rule does that, and about what the true costs will be. After studying the research and background that went into the new requirements, it is more and more clear that the rule will have far reaching consequences to our environment and to our already depressed real estate market--with little to no added health benefit over what we as professionals have already been doing. The costs of implementation have been grossly underestimated, and the resulting reduction of lead hazards from the added practices over-stated.

During the period of study since 1992, the concerns of our industry regarding the implications of this rule have been largely ignored. There is much evidence which contradicts the EPA's claims in establishing the rule.. The RRP Rule uses flawed research and analysis as the basis for its stringent guidelines--as noted in a comment letter from the SBA, and in a Mercatus Report:

http://www.sba.gov/advo/laws/comments/epa09_1127.html
http://www.cato.org/pubs/regulation/...mercreport.pdf


The information and analysis in those sources clearly shows the EPA has failed to prove a correlation between elevated blood levels of lead and renovations by professional firms. While their motives are no doubt pure, the added expense to firms and consumers is unjustified.


Strict Requirements of the Rule Unnecessary: Lead Levels in the US Already Falling Steadily

While the use of lead based paint has been outlawed for decades, lead still reaches the hands of our children via toys and other products imported from outside the country. Even so, in the years since the EPA was tasked to study lead hazards from renovation, the incidence of lead poisoning in children has plummeted according to this report published by the CDC:

http://www.cdc.gov/nceh/lead/data/St..._2006Total.pdf

While dust control during a renovation to an older home is important to the health and safety of occupant and worker alike, the RRP Rule's work practice requirements go far beyond what is reasonable to achieve that--without any supporting research to support such costly measures.

From the Mercatus Report above:

"...Another interesting aspect of the Wisconsin study is its “finding” that the link between renovations and elevated lead levels in blood proved just as persistent in homes built after 1980 as in those built before. This is indeed strange, as homes built after 1980 are unlikely to contain any lead paint...The manufacture of lead paint may have been banned in 1978, but it had essentially disappeared from the market years before."



RRP Rule Targets Those Least Likely to Create Hazards

From the SBA's Comment Letter Above:
"...while EPA states that the phase III study shows that children subject to remodeling were 30 percent more likely to have EBLs than other children, there is not a significant correlation when the sample was limited to the persons regulated by this rule - namely apartment building owners, apartment building staff, and professional contractors. On the other hand, renovations involving relatives and friends not residing in the household (i.e., those not subject to this rule) showed the highest correlation with EBL. Based on the foregoing, Advocacy is still concerned that the final LRRP rule could unnecessarily raise costs and drive homeowners from using professional contractors (renovators), who work more carefully, to inexperienced and untrained individuals. The current LRRP rule would also encourage do-it-yourself work by untrained individuals, which could actually endanger children's health, not improve them. Now, EPA proposes to vastly increase the cost of this rule, with only the hope that some benefits might accrue."



EPA's Timeline Grossly Unrealistic

In addition to the issues stated above, the EPA has made it impossible for the majority of firms affected by this rule to become compliant by its effective date. Many have only recently become aware of the new requirements, and the majority of firms who must comply have yet to begin the process. There has been little effort to inform the estimated 200,000 firms who will be tasked with implementing the new regulations. The EPA's poor handling of public awareness and its slow approval of training providers has meant only a few thousand firms will be able to complete the training and certification process by the time the rule takes effect. In addition to the certification classes required by the rule, firms must apply and be certified--a process the EPA reports will take as long as 90 days. With less than 90 days before the effective date, it will be impossible for the majority of firms to fulfill the requirements of the rule in time.


The RRP Rule Will Be Devastating To Property Values and Urban Redevelopment

As professionals who will comply with the rule, we need good enforcement and public awareness to protect our market share from firms who do not. The flip side of good enforcement, however, will be devastating to property values and inner city re-development. We already have far too many old homes sitting vacant in our inner cities. Once the rule takes effect, the cost to renovate and make them useful again will in many cases be too costly and it will only make sense to knock them down. While the EPA has pledged to educate consumers and the construction industry about the RRP Rule in advance of its effective date, there has been no effort to do so and the American public is largely unaware of these new regulations. Most are unaware they will soon face added expenses when renovating their older homes.

The timing couldn't be worse for a real estate market already reeling. It's not hard to imagine the decline in value of older homes as the increased renovation costs and psychological fear of lead stigmatizes them. Not to mention the many more tons of plastic we'll be introducing to our landfills and the far fewer materials that will be recycled from old home renovations. Much of this rule amounts to throwing the baby out with the bath water.

As a small business owner I disagree with the EPA’s RRP and it’s methods of implementation.
Signed
Your name
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Last edited by Mike Finley; 04-07-2010 at 08:16 AM.
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Old 04-01-2010, 11:56 PM   #2
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Re: Voice Your Concern With The RRP Here


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Old 04-02-2010, 06:31 PM   #3
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Re: Voice Your Concern With The RRP Here


From my Blog - got to love catching them in a lie

You know it is late and I planned to let day 20 simply slide on by. I was hoping at least to get one email to clarify an issue with the “approved” test kits, but alas – no answer. Then @NHCC sends out a Press Release from the EPA: http://epa.gov/lead/pubs/lscp-press.htm. At first glance, the numbers appear do-able, but then by reading a little further into it, I could sense the Bravo Sierra emanating from it.

The simple truth is the EPA knows exactly how many people have been trained & it appears that they do not want to release the true numbers. How can I say that? Well it is actually in their regulations:
§ 745.225 14
(i) The training manager must provide EPA notification after the completion of any renovator, dust sampling technician, or lead-based paint activities course. This notice must be received by EPA no later than 10 business days following course completion.
(ii) The notification must include the following:
(D) The following information for each student who took the course:
( 1 ) Name.
( 2 ) Address.
( 3 ) Date of birth.
( 4 ) Course completion certificate number.
( 5 ) Course test score.
(6) For renovator or dust sampling technician courses only, a digital photograph of the student.
(E) Training manager’s name and signature.
(iii) Notification must be accomplished using any of the following methods: Written notification, or electronically using the Agency’s Central Data Exchange (CDX). Written notification following training courses can be accomplished by using either the sample form, entitled Post-Training Notification or a similar form containing the information required in paragraph (c)(14)(ii) of this section. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow 3 additional business days for delivery in order to ensure that EPA receives the notification by the required date).
So in the simplest terms, the EPA should have at its disposal, the exact number as of 15 days ago, maybe 20 days ago (depending on how slow they are entering manual information). This does not include that all providers are required to notify the EPA of all training classes 7 days before they occur, so the exact number of training classes should be known as of today.

The next issue is that their map shows that classes began on 4.22.09, which is completely wrong. That is actually the first day that training providers could actually start applying to become certified to train. Classes were not allowed to be started until the end of October 2009.

190 Certified Training Companies – really? Let’s try a 154 with 5 of them located in state’s running their own programs. Out of those 5, only 2 will travel to other states – so in all honesty you only have 151 trainers.

While you are lucky that the US Senate Committee on Environment & Public Works is mostly concerned with Certified Renovators, may I ask what you are going to tell them when it becomes painfully obvious that there are not enough Certified Firms out there? As of today, there are only 2,272 Certified Firms. 10 days ago, there were 2141, which means that you only certified 131 firms? Based on your numbers pointed out in other articles – you are short 40,000+ firms for all these renovators to actually work for.

Unfortunately, based on this Charlie Foxtrot and numerous other ones, it appears that this agency is only looking to grow and expand, instead of legitimately following its charter. This is not the only program where one can see them hiding the numbers, distorting the numbers, or quite simply ignoring the facts. All I can suggest is that you as an Agency need to clean up your act, before you face a political backlash that will decimate your agency and programs. Hiding behind “were out to protect” X will not be a help when you and your bogus numbers and science are thrown under a microscope. I can honestly see where the baby might get thrown out with the bathwater and you will have no one to blame but yourselves.
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Old 04-03-2010, 01:27 PM   #4
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Re: Voice Your Concern With The RRP Here


My voice has been heard! A couple suggestions:

There's a couple spellings that need to be corrected. IeSpell caught 2 - I think. The link in the signature needs to be updated (see signature below).

I also added to the "insufficient time frame" paragraph: "Contrary to statements made by the EPA, training for compliance was not available until October 2009." http://blog.sls-construction.com/?p=778
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Old 04-03-2010, 01:35 PM   #5
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Re: Voice Your Concern With The RRP Here


Can the original thread for this sticky be locked to keep dummies like me from posting to it thinking we're in the right thread? Maybe redirected here?
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Old 04-03-2010, 02:47 PM   #6
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Re: Voice Your Concern With The RRP Here


I sent the letter to my Rep. today.
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Old 04-03-2010, 05:08 PM   #7
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Re: Voice Your Concern With The RRP Here


Please add a paragraph about the fact that lead-based paint not being everywhere, especially in the newer buildings (as shown by EPA's own studies, and as known by experienced consultants), and the massive waste of materials, time, and money which will result from RRP procedures for paint which is not actually lead-based paint. The only way to avoid the waste is obtaining good XRF surveys of the pre-1978 buildings so that RRP procedrues are only used when lead-based paint is actually present and will be disturbed by the planned work.

Would you like me to write it?
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Old 04-04-2010, 05:12 AM   #8
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Re: Voice Your Concern With The RRP Here


Quote:
Originally Posted by Dave R View Post
I sent the letter to my Rep. today.
How?
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Old 04-04-2010, 05:14 AM   #9
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Re: Voice Your Concern With The RRP Here


What happens to the BILLIONS of tons of lead encased plastic this is going to generate??????? Has anybody at the EPA thought of this? I really don't think so. Being a contractor I ( 1. one lowly painter)would generate at least 3 large industrial garbage bag full of lead filled plastic sheeting per SMALL job. Just imagine if ALL the contractors in the COUNTRY generating this much used plastic that cannot be recycled.Where does it end up? About 15 million years from now it will turn back into lead based oil.I am all for saving the brain cells of little children but there has got to be a better way. I am done ranting now and am going to give up painting and drive a truck, hopefully polluting to earth a little less.
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Old 04-04-2010, 06:01 AM   #10
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Sent mine today. Thanks for posting the info.
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Old 04-04-2010, 06:35 AM   #11
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Re: Voice Your Concern With The RRP Here


Chris,
All that plastic sheeting will be the next Lead Base Paint Abatement
The only way to change this kind of Government is by VOTEING OUT the Lame Congress and Senate Members who have been in Washington DC more then 5 Years, everyone of the Incumbents needs to Leave Congress or Senate
And intil the People of this Country figure that out then We will see changes, Otherwise it's gonna be Bigger Government More Regulations into everyday life
Kinda like Socialism gives Ya!
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Old 04-04-2010, 10:22 AM   #12
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Quote:
How?
I copied the letter, then went to my Reps website and pasted it into an automated email form that they had set up.
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Old 04-04-2010, 11:04 AM   #13
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Re: Voice Your Concern With The RRP Here


IF I try and comply With this reg i will go broke the first time they inspect me. So why delay the enviable, lock me up right now, and by the way what's for breakfast tomorrow. I like my eggs over med.



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Old 04-04-2010, 07:02 PM   #14
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Re: Voice Your Concern With The RRP Here


You guys brought up something I've been thinking about all along- this will negate so much hard work the environmentalists have sweated over for the last ten or twenty years trying to minimize plastic in landfills. Something in this regard might be included in your letter if you choose to edit.
Thanks all of you for your efforts and concerns.
Phil
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Old 04-04-2010, 07:48 PM   #15
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Re: Voice Your Concern With The RRP Here


Peeps around these parts did'nt get wind of the magnitude of this rule until recently. Many still have no idea. Had a hard time myself setting up a class in NJ this month.

No doubt - EPA dropped the ball on this one and should pay dearly to someone. A lot of livleyhoods depend on this and they don't seem to care.

They need to consult with the industry leaders first and work out a reasonable solution we can live with.

And yea, I remember, the first thing I thought about was the amount of plastic that is going to be screwn in every landfill imaginable. Just seemed like a little while ago that the little plastic grocery bags were evil.

Well, I think we all know this boils down to the almighty buck and that the residuals were saving a few kids. I'm worried however, with all this slippery plastic, how many brothers we lose
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Old 04-04-2010, 07:57 PM   #16
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Re: Voice Your Concern With The RRP Here


I took the class this past friday, instructor informed us the EPA has changed the deadline to sometime in november 2010 since only something like 1% of contractors have been trained in the RRP courses. Made me mad I spent the money now when I barely have any work, November would of been a good down time to sit in a class room all day
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Old 04-04-2010, 08:14 PM   #17
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wow, thats news to me - anyone confirm?
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Old 04-04-2010, 08:24 PM   #18
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Re: Voice Your Concern With The RRP Here


Quote:
Originally Posted by WilsonRMDL View Post
I took the class this past friday, instructor informed us the EPA has changed the deadline to sometime in november 2010 since only something like 1% of contractors have been trained in the RRP courses. Made me mad I spent the money now when I barely have any work, November would of been a good down time to sit in a class room all day
Quote:
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wow, thats news to me - anyone confirm?
Not on their website and I am sure this would have broken wide open already if it was confirmed
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Old 04-05-2010, 06:36 AM   #19
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Re: Voice Your Concern With The RRP Here


Quote:
Originally Posted by Dave R View Post
I copied the letter, then went to my Reps website and pasted it into an automated email form that they had set up.
yea, after I drank my coffee and the synapses started working ,I figured it out.
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Old 04-05-2010, 06:38 AM   #20
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Re: Voice Your Concern With The RRP Here


Quote:
Originally Posted by Frankawitz View Post
Chris,
All that plastic sheeting will be the next Lead Base Paint Abatement:laughing:
The only way to change this kind of Government is by VOTEING OUT the Lame Congress and Senate Members who have been in Washington DC more then 5 Years, everyone of the Incumbents needs to Leave Congress or Senate
And intil the People of this Country figure that out then We will see changes, Otherwise it's gonna be Bigger Government More Regulations into everyday life
Kinda like Socialism gives Ya!
I would just hate to be a landfill owner

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