[MassHistPres] new lead abatement EPA standards

Tue Mar 30 01:23:35 EDT 2010

I have heard from two tradespeople, one a carpenter and the other a painter, who perform extensive work on old and historic homes.

As has been noted below . . .

- The rules and training are onerous and apply to anyone hired--painter, plumber, carpenter, or others--who disturbs at least six square feet of an interior surface or 20 square feet of an exterior surface.
- The cost estimates from the EPA are ridiculously low.
- The rules have the effect of creating fear in owners that their existing wood structures, such as windows, are inherently bad; creating an incentive for others to recommend replacement rather than repair; creating an incentive for homeowners to do the work themselves, rather than hire it out, possibly missing the opportunity to have higher-quality work done by a tradesman experienced with older homes; and, finally, creating significant long-lasting waste.

Unfortunately, the rule was originally published for comment in January of 2006.  The rule itself is an outgrowth of a Presidential task force report published in 2000, which was the result of an executive order signed by the president in 1997.  I know of no alert from anyone interested in historic preservation at the state or national level warning of these extraordinary proposals.

Has anyone seen any concerted effort to mount a challenge now? 

The reaction of the Federal government to another lead paint issue, this one in toys, is instructive: In 2008 Congress passed legislation requiring new testing requirements imposing hefty fines, effectively putting many small toy makers out of business and resulting in a loss of more than $100 million in inventory.  Despite pleas to alter the legislation, Congress chose to do nothing.  (Total number of children affected by lead paint in toys in 2008: 1.)

-- Lee Wright | Marlborough

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From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of geo1shaw at mindspring.com
Sent: Monday, March 29, 2010 11:39 PM
To: jade; heartwood restoration; BarbaraWales at realtor.com; djd184 at verizon.net
Cc: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] new lead abatement EPA standards

i am now certified. So if you think I have any answers, sadly both of us are mistaken. But first and formost the new regulations have nothing to do with lead abatement but standards for both informing clients and anybody potentionly at risk about the dangers of us working on your house and the potential of any dangers relating to the potential of lead being released into their enviornment and how to both minimize and contain that danger while disposing of any materials that may perhaps increase that risk. That's clear, yes?  To acheive that goal, endless yards of plastic will now be required on any job that doesn't have prior proof of no lead present, which apparently now includes post 1978 houses. Who knows some deviant homeowner or contractor may have slipped some lead paint in someplace. BTW lead paint is the issue. We can still use lead flashing, lead coated copper and who knows what else spread our debris over the neighborhood and not be fined. But replace a window andnow  isolate the wall or room and the exterior of the window with plastic, create a dirty zone, tyvek the worker inside while having a clean worker outside, wrap everything in plastic wash the exterior of the plastic  and then hand it to a worker who will put it in a dumpster. After that the dumpster contents gets buried in a landfill where it and the plastic derived from petroleum will rot for many many years or be burned releasing all of the plastics great elements along with the lead into the air.  Sounds like a great solution to me. Beyond the fact that most of my bids will now be turned down because ito comply with the law I will have to charge between 3 and 5 times what the job is worth, it looks like a real win win situation. Otherwise I go to jail or the poorhouse.  The new rules are a joke and sorry to say the enviromental costs far outweigh any benefits. If you thought saving old windows and trim was an uphill battle pricewise try to convince homeowners that the previous rough parity in cost although now firmly on the side of rip and replace crew is somehow benificial. The EPA is looking for feedback and I hope that all of you look closely at the  new rules and protest both their stupidity and their damage to the environment. 

-----Original Message----- 
From: jade 
Sent: Mar 29, 2010 7:50 PM 
To: heartwood restoration , BarbaraWales at realtor.com, djd184 at verizon.net 
Cc: masshistpres at cs.umb.edu 
Subject: Re: [MassHistPres] new lead abatement EPA standards 

----- Original Message ----- 
From: heartwood restoration <mailto:jade at heartwoodrestoration.com>  
To: BarbaraWales at realtor.com ; djd184 at verizon.net 
Cc: masshistpres at cs.umb.edu 
Sent: Monday, March 29, 2010 7:36 PM
Subject: Re: [MassHistPres] new lead abatement EPA standards

there is an 'opt-out-' clause for homeowners who undertake work on their own...

check out this website:  www.epa.gov/lead 

i am certified and STILL find conflicting information regarding residential work on homes built prior to 1978...some information refers to residences with children under the age of 6, other information indicates that any residence--with or without children--is subject to the new regulations...two different instructors gave me two different answers...

the FAQ's in the above website indicate that additional costs incurred by the contractor and passed on to the homeowner run from $8 to $167...a good quality HEPA vac can easily cost over $400 and the reams of petroleum based plastic sheeting costs will soon add up...to remove all furniture and wall hangings from a room, lay plastic on the floor and part way up the wall, tape off all doors and window sills, install a plastic door at the entry, place DANGER signs at all entrances, vacuum all walls, horizontal surfaces AND the plastic, clean all surfaces with a long handles 'wet' swiffer, roll the plastic sheeting into itself and dispose in a plastic bag THEN dry swift all surfaces will add significant time to any project...all that and then we are to police ourselves by using the handy dandy laminated photo of a clean swiffer and a dry swiffer to compare our swiffer once the clean up has been completed...

barbara...the epa is 'working closely with the national association of realtors'  to make y'all aware of the hazards of lead paint....check out the nifty training videos on the epa site...

i know a number of people in the trades who will no longer work on residential projects...it will be interesting to see how this all pans out....

......jade
heartwood window restoration

----- Original Message ----- 
From: Barbara Wales <mailto:barbarawales at verizon.net>  
To: djd184 at verizon.net 
Cc: masshistpres at cs.umb.edu 
Sent: Monday, March 29, 2010 6:46 PM
Subject: Re: [MassHistPres] new lead abatement EPA standards

Sorry to have fallen behind on the details..I'd like to catch up.... but how does this affect the homeowner who likes to do his/her own painting?

And, what are the ripple effects (and thus liability of the owners and us Realtors) when a house is sold and the homeowner painted the kids' bedrooms himself?!?!?!

** Please excuse spelling errors, I may never adjust to this larger keyboard! :- } 

Barbara Wales, GRI, ABR
C21 Commonwealth
29 Washington Street
Wellesley, MA 02481
BarbaraWales at realtor.com
Barbara.Wales at commonmoves.com

617-762-4073 (accessline-connects to mobile, accepts faxes, takes messages!)

Mar 29, 2010 04:36:34 PM, djd184 at verizon.net wrote:

Got this recently from a friend 

Our painter told me that he would need to add 15%-20% to his estimate for an
interior paint job to cover the costs of, at a minimum, setting up and
taking down containment areas, washing down all vertical and horizontal
elements, and Swifter-mopping all floors. New requirements include interior
tenting, only plastic -no fabric-  drop clothes, respirator masks and Tyvek
coveralls for painters, and special vacuum cleaners, each with two HEPA
filters.  Nat has already spent $2000 on his 8 hour training session, exam
fees, certification, and new equipment.  Still to come - training for six of
his painters. 

This is a guy we've known for years, and although he's not the cheapest
painter out there, his work is solid and his prices have always been fair.

Sounds like a horror story

Dennis De Witt

On Mar 29, 2010, at 4:27 PM, Lipsey, Ellen wrote:

Can anyone offer insight into the new EPA standards for contractors who disturb lead paint on pre-1978 buildings -- specifically as to how the new EPA requirements may affect the status quo in MA? The new requirements involve the certification of contractors (based on taking a 2-hour training course), treatment restrictions (that may already be good preservation practice and required environmental practice in MA), and recordation requirements.  This query is not intended to send out any alarms, none may be warranted in terms of the changes.  In addition, this is a done deal as many of you may know. The new EPA requirements for contractors have undergone review and comments, and they take effect April 22nd.

Ellen J. Lipsey
Executive Director
Boston Landmarks Commission
City Hall, Room 805
Boston, MA 02201
617-635-3850 ph
617-635-3435 fax
ellen.lipsey at cityofboston.gov

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