Oklahoma Implements Its Own Lead Paint Law

Oklahoma has become the latest of 13 states that have been authorized to administer their own
lead paint laws in lieu of the federal EPA program. Fortunately, Oklahoma has incorporated all
lead-safe work practices from the EPA program, so no serious concerns for contractors are on the
horizon.
Oklahoma contractors will no longer be subject to EPA certification -- that role will now be taken
over by the Oklahoma Department of Environmental Quality (DEQ). The good news is that if you
are an existing Renovation Firm and/or a Certified Renovator certified by EPA, you do not have to
become certified by DEQ right now. Instead, existing Renovation Firms have until September 22,
2013 to simply register with DEQ by sending a letter stating their name and contact information
and providing a copy of their EPA certification. However, when an existing Renovation Firms’ EPA
certification expires, the firm must renew their certification with DEQ (not EPA).
EPA Certified Renovators can follow this same routine: they can keep their EPA certification for
now, but must take a refresher course approved by DEQ when their certification is up for renewal.

Laconia N.H. Company Fined for Failing to Notify Tenants about Lead Paint Hazards

(Boston, Mass. – July 16, 2013) – The owners and manager of 12 properties in Laconia,
N.H. have agreed to pay a fine of $2,400 and to do environmental improvements valued at
$21,600 to settle EPA claims that they failed to follow federal lead paint disclosure laws at
three properties.
EPA alleged in a complaint that Allen Enterprises Rental Properties, Lakeport Plaza, LLC,
and Open Arms Outreach, Inc. violated the federal Toxic Substance Control Act when they
failed to notify prospective tenants at rental units about potential lead-paint hazards in
housing they owned from 2009 to 2011 in Laconia, as required by then federal lead-based
paint disclosure rule.
According to the agreement with EPA’s New England office, the environmental project
involves replacing old windows, window trim, doors, door jambs and baseboards at a
building at 101-103 Church St. in Laconia, which was built in the early 1900s. The work must
be done within a year. Wipe sampling will be done when the work is completed to ensure
that no lead-based paint dust remains at the work site. This project will eliminate sources of
lead paint in the residential setting thereby protecting children from potential lead poisoning.
Exposure to lead paint is a serious health concern in New England due to the age of the
housing stock. Infants and young children are especially vulnerable to lead paint exposure,
which can cause lowered intelligence, reading and learning disabilities, impaired hearing,
reduced attention span, hyperactivity and behavior problems. Adults with high lead levels
can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory
problems and muscle and joint pain.
The purpose of the Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based
Paint Disclosure Rule is to ensure that prospective tenants have enough information about
lead-based paint in general and known lead-based paint hazards in specific housing to make
an informed decision about whether to lease a particular property.

Groeller Painting Inc of St. Louis to Pay $23,000 Penalty for Failure to Use Lead Safe Work Practices and Notify Homeowners of Lead Risks

(Lenexa, Kan., March 12, 2013) - Groeller Painting Inc, of St. Louis, Mo., has agreed to pay a $23,000 civil penalty to settle allegations that it failed to use proper lead-safe work practices during the renovation of a pre-1978 multifamily unit property, in violation of the Renovation, Repair, and Painting Rule (RRP). The company also failed to notify residents about lead-based paint risks before the company or its subcontractors performed renovation work at their homes.

According to an administrative consent agreement and final order filed by EPA Region 7 in Lenexa, Kan., Groeller or its subcontractors were legally required to use proper lead-safe work practices during the renovation and provide owners and occupants of the properties with an EPA-approved lead hazard information pamphlet, known as the Renovate Right pamphlet, before starting renovations at the properties. The Renovate Right pamphlet helps homeowners and tenants understand the risks of lead-based paint, and how best to minimize these risks to protect themselves and their families.

The RRP rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities are trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities like sanding, cutting and replacing windows minimize the creation and dispersion of dangerous lead dust. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.

This enforcement action addresses RRP Rule violations that could result in harm to human health. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

N.H. Company Faces Penalty for Violating Lead Renovation Rule at Kittery, Maine Site

(Boston, Mass. – Feb. 25, 2013) – New Hampshire Plate Glass Corp., based in Portsmouth, N.H., faces a penalty of up to $90,750 for allegedly violating requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities. The alleged violations occurred during a window renovation project performed by the company at the former Frisbee School in Kittery, Maine. The Kittery site was, at the time of the renovation, a child-occupied facility subject to EPA’s Renovation, Repair and Painting (RRP) Rule.   The violations were brought to EPA’s attention via an anonymous tip, after which EPA and Maine Dept. of Environmental Protection performed an inspection of the site in February 2012. Based on the inspection, EPA determined that the company had not complied with the required work practice requirements of the RRP Rule, including failure to assign a certified renovator to the work site; failure to cover ground with plastic sheeting; and failure to contain waste from the renovation activity.   EPA’s RRP Rule is designed to prevent exposure to lead-based paint and/or lead-based paint hazards. The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations. The rule became effective on April 22, 2010 and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.   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.   Visit Kachina Lead Paint Solutions for more information about lead paint solutions, safety training, and more.