Editorial: New lead paint fines are too extreme

Editorial: New lead paint fines are too extreme

The Eagle Tribune Mon Oct 04, 2010, 02:30 AM EDT

In its haste to crack down on contractors violating a new federal law on lead paint safety, the U.S. Environmental Protection Agency may be ignoring the law of unintended consequences.

The EPA said last week it would begin enforcement of a law requiring painting contractors to register by last Thursday for special training required to work on buildings constructed before 1978 — the year lead paint was banned. Violators could be punished by fines of $37,500 per day.

If the goal of a fine of that magnitude is to put all but the largest painting contractors out of business, it will probably be very successful. But if the goal is to speed the work of eliminating lead paint from old buildings, it will likely do just the opposite.

And this punishment is vastly disproportionate to the "crime." It has been 32 years since lead paint was banned, and contractors have not been required to have this special training for all that time. How can it suddenly be serious enough to warrant a fine that could be as much as some contractors make in an entire year?

A fine should be at a level that encourages people to comply with a new law, not at a level that drives them out of business.

Yes, it is important to remove lead paint, especially because it can cause developmental problems in children. And yes, it makes sense to have contractors know how to do it safely.

But the new law is already going to increase the cost of repainting old homes by thousands of dollars — contractors will have to use vacuums, filters and other protection to prevent lead dust or chips from spreading during a renovation. Work areas larger than 6 feet will have to be sealed to prevent contamination.

That alone will be a significant disincentive for property owners to get the work done. Many will not be able to afford it.

And fines of $37,500 a day will mean even less work getting done. What does get done will cost even more, because with fewer contractors there will be less competition.

Kendall Buck, executive vice president of the National Home Builders and Remodelers Association of New Hampshire says contractors have already had a difficult time getting trained, because there have been too few teachers.

If the EPA really wants to minimize the risks from lead paint, it should lighten up on the fines and give contractors a more reasonable time to get trained. Such a heavy hand will slow improvements, not speed them up.