20B — June 27 - July 10, 2014 — Green Buildings — 1 -( % 80%28-'

Real Estate Journal


G REEN B UILDINGS By Lee Wasserman, LEW Corporation EPA’s Lead based paint Rule, “Its Back!” Part 2

hen you speak to Contractors and Contractor Asso- ciations and suppliers the story on the street today, is since EPA passed the Lead Paint Renovation, Repair and Painting Rule (RRP) law very little if any enforcement has been noticed. “It’s just a money grab and this lead paint thing is just a bunch of BS” suggest many i have spoken to. If u want to be a follower believe the above if u want to know the real story and why maintain- ing your cert before it expires is important read on. On April 17, 2014 Lowes W

+DUGZDUHZDVÀQHGIRUDKDOI a million dollars ($500,000) and required by EPA to comply with their Lead Paint RRP requirements in over 1700 stores as well as ALL their subs and contracted labor sources. WOW! EPA’s new found weapon to enforce with limited resources is to drive the suppliers to enforce as well as have suppliers educate their consumers, what perfect or maybe planned timing by EPA? Five years ago EPA was in regulation take off mode and Compliance assistance was the theme. After 5 years to

comply and now at the Lead 3DLQW553·VÀUVWDQQLYHUVDU\ renewal cycle, EPA is publicly stating they are in enforce- ment/compliance mode! Since the initial federal requirement for EPA’s RRP compliance went into effect ÀYH\HDUVDJR&'&KDVSXE - licly announced that they have lowered the traditional blood level of concern of 10ug/ dl to the new reference level of 5ug/dl which was based on the UHFRPPHQGDWLRQVE\WKHLUÀYH year advisory panel. Per the CDC data this will mean one out of 53 (1:53) children under 6 years old will have a blood lead level above 5 if/dl and be publicly a child at risk. All will have to be more compliant or RUN the risk of having a child show an elevated blood lead above 5 and then be ques- tioned on their compliance. Unfortunately, the current CDC reference level is re- ally that low, as my nationally recognized Toxicologist Uncle “Doc” Gary Wasserman used to inform me, “an Iceberg can have a 10ug/dl” and it should be shared that according to studies, 90% of the children living in sections of Africa have blood lead levels of equal to or greater than 10ug/dl. So Americas/CDC’s new Refer- ence Value of 5ug/dl should keep many on their toes with compliance. Unfortunately, lack of com- pliance or failure to com- ply historically, coupled with CDC’s publicizing their new Lead Reference Value, are two new very motivating factors and when coupled with EPA’s public services announce- ments beginning this fall, it will enhance the already active Lead Poisoning Litiga- tion Market! Lawyers always VHHPWRÀQGDFDXVHWRSURWHFW Many of us have probably al- ready seen Lawyers advertis- ing lead poisoning cases and unfortunately way too many in today’s world want others to pay. Whether u believe Lead paint is important, whether you want to believe any of the above or not, ask yourself for a day (initial course) or a half-day (refresher) is the risk worth not complying with this one? As a 20+ year expert who actively provides litigation expert assistance, I say, “NO, JHWFHUWLÀHGDQGVWD\FRPSOL - ant, the consequences if you are unlucky are substantial!” „

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