Testudo's Lead & Asbestos Lowdown Blog

Sherwin-Williams Must Pay $10M Legal Fee in R.I. Lead Paint Case

Paint maker Sherwin-Williams is on the hook for $10 million in legal fees associated with a Rhode Island court battle over its making and marketing of lead-based paint, according to Durability+Design.

The court battle is notorious in the coatings industry. The state of Rhode Island sued a conglomerate of paint makers in 1999 for creating a “public nuisance” and “‘a continuing threat of harm’ to children” in its lead paint products. Rhode Island won the first round and pressed the paint manufacturers, including Sherwin-Williams, for $2.4 billion for lead paint abatement activities. Then in 2008 the state’s Supreme Court reversed the trial judge’s ruling and the judgment of abatement. The most recent action concerns court fees only.

For the full article, see Durability+Design.

RRP Rule For Commercial/Public Buildings Could Happen in Jan. 2017

This morning the Environmental Protection Agency (EPA) announced that it could enact a final version of the RRP rule for commercial and public buildings by Jan. 1, 2017.

The agency also announced that it will hold a public meeting on June 26 in Washington, D.C., to discuss implementing another Renovation, Repair and Painting (RRP) rule for commercial and public buildings. The meeting will be held from 8:30 a.m. to 12:30 p.m. at EPA headquarters, Room 1153, EPA East Bldg., 1200 Pennsylvania Ave. NW. Further, the agency said it is again accepting public comments on the new rule; people interested in offering their input can do so here until July 12, 2013 (submit under docket ID number EPA-HQ-OPPT-2010-0173). Otherwise, comments can be mailed to: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

Who It Could Affect

The EPA said that this rule could affect a wide swath of commercial/public contractors, including those who do industrial building construction, commercial and institutional building construction, as well as building finishing contractors, drywall and insulation contractors, painting and wall covering contractors, finish carpentry contractors, plumbing, heating, and air-conditioning contractors, painting and wall covering contractors, electrical contractors, finish carpentry contractors, drywall and insulation contractors, siding contractors, tile and terrazzo contractors and glass and glazing contractors. However, it also noted that this list is not exhaustive.

The EPA intends to have a proposed rule ready for public consumption by July 1, 2015. It would then work on crafting a final version over the next 18 months, putting the tentative effective date at about Jan. 1, 2017.

Background

Shortly after the RRP rule was published, several lawsuits were filed challenging the rule, asserting that EPA violated the Toxic Substances Control Act (under which the RRP rule was created) by failing to address renovation activities in public and commercial buildings. These lawsuits were brought by environmental and children’s health advocacy groups as well as a homebuilders association. In the end, EPA agreed to commence rulemaking to address renovations in public and commercial buildings, other than child-occupied facilities.

RRP Fines: EPA Goes After Non-Certified Remodelers

On Thursday the Environmental Protection Agency (EPA) announced it had taken 17 enforcement actions against remodeling firms who violated the Renovation, Repair and Painting (RRP) rule. At least 12 of those actions were taken against remodelers who neglected obtaining a Lead Safe Renovator certification prior to offering to perform renovations on target housing built before 1978.

Non-Certified Firms

The EPA said it had reached administrative settlements with the non-certified companies. In a press release it said a company’s or individual’s ability to pay a penalty is evaluated and that it adjusts penalties accordingly. 12 of the firms fined for not obtaining the Lead Safe Renovator – Initial certification included:

Midwest College Painters, LLC of Bloomfield Hills, Michigan.
Henderson & Associates Services of Largo, Florida.
Home Resources Management, LLC of Columbia, Tennessee.
Camaj Interiors & Exteriors of Jacksonville, Florida.
Cherokee Home Improvements, LLC of Church Creek, Maryland.
Window World of Harford located in Belair, Maryland.
EA Construction and General Contracting of West Chester, Pennsylvania.
Roman Builders of Morton, Pennsylvania.
Accolade Construction Group, Inc. of New York, New York.
PZ Painting of Springfield, New Jersey.
Reeson Construction of Webster, New Hampshire.
CM Rogers Handyman of Manchester, New Hampshire.

Other RRP Violations

In addition to not being certified, alleged violations the companies were cited for included:

Failure to provide lead hazard information to the property owners
Failure to post signs defining work area
Failure to post signs; contain waste; take extra precautions in containing the work area; cover doors with plastic sheeting; and cover ground with plastic
Failure to assign a certified renovator to the work site
Failure to establish and maintain records.

Micro-Business RRP Fines

Several of the 17 companies involved in the EPA’s latest round of fines qualified as micro businesses. This resulted in either a reduced fine or no fine at all. Fines for most of these kinds of businesses ranged from $0 about $600; one micro-business was fined $3,766.

Larger RRP Fines

Midwest College Painters LLC was fined $116,000 for RRP violations at a residential renovation or repair project located in Lansing, Michigan, in June 2011. Specifically, Midwest College Painters was fined for failing to obtain firm certification and failing to provide the “Renovate Right” pamphlet to property owners. Also the company failed to establish and maintain RRP records certifying 1) that a certified renovator was assigned to the project, 2) that it provided on-the-job training to individuals used on the project, and 3) that it directed these individuals performing the renovation to comply with the work practice standards required by the RRP rule. Last, the company was fined for failing to take steps to contain paint dust from renovation work as required by the RRP Rule. The EPA also fined New Hampshire Plate Glass Corporation $90,750 for failure to assign a certified renovator to the work site, failure to cover ground with plastic sheeting and failure to contain waste from renovation activities.

Also, the EPA fined Groeller Painting Inc. of St. Louis for failing to provide “Renovate Right,” failing to establish and maintain records, and failing to post signs, contain waste, take extra precautions in containing the work area, cover doors with plastic sheeting, and cover ground with plastic at the worksite.

“Using lead-safe work practices is good business and it’s the law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is taking action to enforce lead rules to protect people from exposure to lead and to ensure a level playing field for contractors that follow the rules.”

Take Lead Safe Renovator Training in May & Keep the Summertime Blues Away

The weather is finally warming up in Wisconsin. Homeowners are finally poking their heads outside and taking a hard look at their homes and making a list of remodeling chores they’d like taken care of this summer. And then they’re calling you. Chances are that homeowner’s dwelling was built before 1978 and that the job will most likely be affected by the Environmental Protection Agency’s (EPA) Renovation, Repair and Painting (RRP) rule. That means you need to carry the Lead Safe Renovator certification to do that work.

Most RRP trainers scale back on course offerings during the summer since remodeling work amps up, but not Testudo. We realize that, while you might not carry the Lead Safe Renovator certification right now, a can’t-miss remodeling job will come up this summer. So you need to have your Lead Safe Renovator license in hand to keep the summertime blues away. After all, the last thing you need is to lose out on business because of a legal technicality.

Milwaukee, WI, Lead Safe Renovator Training

Already many remodelers are taking us up on our offering summer training sessions. Two of our Lead Safe Renovator – Initial classes to be held May 16 and May 28 in New Berlin, Wis., which is near Milwaukee, are booked to capacity. The good news is that you can call our offices at (608) 205-8025 to be added to the waiting lists, and if a spot opens up we’ll contact you immediately. Finally, on May 30 we’ll hold an additional class in New Berlin, which still has open seats, and you can sign up for that here.

Madison, WI, Lead Safe Renovator Training

Our very next Lead Safe Renovator – Initial class, set for May 7, will be held in Madison, and there are open seats. You can sign up here. Then on May 13, we’re holding a Lead Safe Renovator – Refresher class in Madison. This 4-hour class is available to remodelers who took their initial 8-hour training more than two years ago. Last, on May 21 we’re holding an already-sold-out Lead Safe Renovator – Initial class in Madison, and you can call us at (608) 205-8025 to get on that waiting list.

To close, here’s Testudo’s favorite rendition of that classic Eddie Cochran tune, “Summertime Blues,” here performed by The Who! Enjoy.

Lead Refresher Course Scheduled for Feb. 28 in Madison, Wis.

Due to high demand, Testudo LLC is offering Lead Safe Renovator-Refresher course in accordance with the Environmental Protection Agency’s (EPA) Renovation, Repair and Painting (RRP) rule. Our next upcoming lead refresher course is scheduled for Feb. 28 in Madison and will be held at Kleenmark’s distributorship and showroom at 1206 Ann Street. Click here to register.

If you’re contracting in Wisconsin, the state’s Department of Health Services requires “refresher” training for the Lead Safe Renovator certification every four years. (And if you have other lead-related certifications with the state, here’s a handy table that outlines when you need to re-pay fees and take refresher trainings.)

As always, seating is limited at Testudo’s lead training courses, so click this link to register immediately. Paying in advance is the only way to guarantee yourself a seat at class.

‘They Still Put Lead in Toys?’ Yup, They Sure Do …

“They still put lead in toys?”

Unfortunately, we hear this question far too often at Testudo. The answer is, yes, thousands of toys manufactured today contain hazardous amounts of lead despite a federal ban on such products. The result is that children throughout the U.S. continue being exposed to hazardous toxins simply by playing with their favorite toys.

To help fix this problem Testudo will exhibit at the first annual Natural Parenting Expo March 10 at Madison’s Monona Terrace, and we will test any toy for lead free of charge! (And we’ll test dishes or any other household item, too.)

Lead in toys is an issue that Testudo keeps a close eye on. One of our favorite websites is the Consumer Products Safety Commission, which keeps a tally of all the voluntary recalls manufacturers issue for toys that contain too much lead. Here’s a fairly typical example of a leaded product: the “Captain Cutlass Pirate Pistol,” which was made in China and sold at Halloween shops from April 2008 through May 2012 for $6.50.

And if you think manufacturers limit their lead to less-popular, cheap-ish toys, think again. In 2011 a Toy Story themed bowling set sold at Wal-Mart was the subject of a recall after it was found the red paint used on some pins contained too much lead.

In 2008 HealthyStuff.org tested hundreds of popular toys and found 20 percent contained significant levels of toxic chemicals, including lead. Among the products found to have contained lead were a Hannah Montana earrings made by Disney, a toy from Magnetix, a harmonica in a band set made by Melissa & Doug, and a doctor’s kit by Fisher-Price (probably one of the most ubiquitous toy sets ever made). All of these particular products were made in China; however, HealthyStuff.org has said American-made toys sometimes contain lead, too.

: Fisher-Price doctor’s set

: Hannah Montana earrings

: Melissa & Doug’s Beginning Band Set

: Magnetix toy

Now for a little personal twist: My wife Samantha and I, who own Testudo, stocked our kitchen in 2008 with a new set of plates and bowls similar in style to Fiesta ware dishes. We ate off the dishes for a number of years before we wised up and thought to test their lead content one day. Needless to say, we tested them and they came back “hot”—we had been eating off leaded dishes. So back to the store we went and purchased a complete set of genuine Fiesta ware dishes, which is lead-free and made in Virginia.

So please take us up on our offer and come to the Natural Parenting Expo on March 10 at the Monona Terrace, and bring your toys and dishes! You never know what you’ll find out …

Get Ready to See Lead On the Silver Screen

Lead Safe America Foundation CEO Tamara Rubin (left) and Testudo LLC President Samantha Dalsing

Last evening we were delighted to sponsor a focus-group screening of the documentary “MisLead: America’s Secret Epidemic,” a film that details several families’ tribulations with lead poisoning. If all goes as planned, the film will be included this Spring at the Sundance Film Festival. The film’s creator, Tamara Rubin, came to Madison, Wis., last night to preview the documentary for our lead-safe community. Testudo LLC was there along with public health officials, environmental compliance officers, nurses, mothers, fathers and children.

Ms. Rubin is also the founder and director of the nonprofit Lead Safe America Foundation. The Lead Safe America Foundation provides support to families across the U.S. who find out their children have been poisoned by lead in their homes.

The film was very captivating. It features several emotional interactions between Ms. Rubin and a cross-section of mothers whose children have been poisoned by lead in their home. Multiple segments show Ms. Rubin running her national nonprofit foundation from her iPhone. She takes a call from a distressed mother in a different region of the U.S. and then immediately calls that mother’s state health department—we assume she has all of them saved in her phone contacts. No matter which state or federal department she calls, she begins the conversation with, “Hi, it’s Tamara …” There are also multiple enlightening exchanges with academics and historians in the film. Ms. Rubin was even fortunate enough to have captured an interview with Noam Chomsky, one of the U.S.’s most respected intellectuals.

Ms. Rubin has posted several film segments on her YouTube channel—you should check them out as soon as you can. Here is just one of them:

Be sure to bookmark this blog, “Like” Testudo on Facebook or follow us on Twitter for updates on the film.

In-Depth Look at the EPA’s Latest Round of RRP Fines for Lead Paint

In an effort to better understand how the Environmental Protection Agency (EPA) is meting enforcement of its Renovation, Repair & Painting (RRP) rule, Testudo LLC is examining the government agency’s latest round of RRP fines. The agency’s latest RRP enforcement actions were significant because the EPA rolled out two “pilot programs” in order to quickly determine a firm’s ability to pay penalties and then move toward a quick settlement.

RRP Fine Pilot Programs

The first is the Lead-based Paint Expedited Settlement Agreement (ESA) Pilot Program. The EPA has been lacking in its transparency in describing the ESA pilot program; however, the National Association of Home Builders (NAHB) says these types of RRP fines are limited to recordkeeping violations where no building occupant is pregnant or under the age of 18; it is intended for companies that commit “minor violations” and fines range from zero to $5,000. When a company is served with an ESA, they retain the right to contact EPA about the violation; however, the fine is not negotiable and the firm has just 30 days to respond.

Whereas the ESA pilot program makes a distinction whether building occupants are pregnant or under 18, the Pilot RRP Penalty Program for Micro-Businesses makes an economic distinction of companies. A violating company is eligible for the Pilot RRP Penalty Program for Micro-Businesses if it has gross pre-tax revenue of $300,000 or less; fines are no more than $4,000. Also, the micro-business program is not restricted to violations such as recordkeeping or by the age of the occupant.

Looking at Kindred Painting LLC

Here is Testudo’s first in a series of in-depth looks at companies the EPA recently caught violating the RRP rule. The first company is Kindred Painting LLC of Dover, N.H., owned by Jon Taylor. On July 1, the EPA and Occupational Safety and Health Administration (OSHA) visited Taylor’s residential job site at 435 Exeter Road, Hampton, N.H. The home in question was built before 1978, when lead-based coatings were banned under the EPA’s Toxic Substances Control Act.

According to the EPA, Taylor failed to:

Obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
Obtain RRP training course completion certification.
Post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area
Failed to prohibit the use of machines designed to remove paint or other surface coatings through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting without HEPA vacuum attachments.
Failed to contain waste from renovation activities to prevent releases of dust and debris before the waste was removed from the work area for storage or disposal.

Since Taylor’s company had gross pre-tax revenue of $300,000 or less, he was eligible for the EPA’s Pilot RRP Penalty Program for Micro-Businesses, and he paid an RRP fine of $2,730. When Taylor was first informed about the fine in a July 19 letter delivered via certified mail, the EPA said it would determine his fine using—get ready for it it!—the Consolidated Enforcement Response and Penalty Policy for the
Pre-Renovation Education Rule; Renovation, Repair and Painting Rule; and Lead-Based Paint Activities Rule. But he was also given the opportunity to “quickly resolve the alleged violations” by waiving his right to a hearing or appeal. On Aug. 18, Taylor paid the fine, waived his right to appeal and agreed to the conditions of the Pilot RRP Penalty Program for Micro-Businesses.