PickensPlan

Hello,

Just so you know (without having to look at my profile) I live in Fort Smith, Arkansas. Fort Smith with somewhere close to 85,000 population is the second largest city in AR. Below is a blog that I recently posted to The City Wire, which is an online venue for local and regional news as well as commentary and forum. The writing of this blog was instigated by a flyer I received informing of new EPA rules. If you live in the USA these rules will impact you either directly or indirectly.

I welcome your comments and any news that you may have about this subject.

Thank you.

Monte

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Here's the blog:

Late last week I stopped in at Home Depot to purchase some materials for a job I'm doing. As I was leaving one of the ladies who works there called me over and handed me a flyer. She told me that it had been left by someone from the city for them to hand out to contractors and trades people. When I got to my van I took a moment to read the flyer and the more I read the more angry I became. Following is, word for word, what was written on the flyer:


IMPORTANT NOTICE FOR CONTRACTORS, AND ALL TRADES PEOPLE

The EPA has new rules that will affect you and your business, if you do any type of renovation/remodeling on pre 1978 homes.

After April 22, 2010 firms, or trades working in TARGET HOUSING = Pre 1978 homes, or in child-occupied facilities

MUST BE CERTIFIED and use Lead Safe Work Practices during renovations.


On or after April 22, 2010: NO FIRM OR TRADE WORKING IN TARGET HOUSING WHERE LEAD BASED PAINT WILL BE AFFECTED BY THE WORK, MAY PERFORM, OFFER, OR CLAIM TO PERFORM RENOVATIONS WITHOUT FIRM AND/OR INDIVIDUAL CERTIFICATION

The EPA has the authority to seek CIVIL FINES for each violation up to $32,500.00 (ignorance of the rule will not be considered)

And an additional CRIMINAL FINE UP TO $32,500.00 plus JAIL TIME for knowing and willful violations of the new Renovation, Remodel & Painting (RRP) Rule.


EPA FY 2010 BUDGET PROPOSAL FOR ENFORCEMENT TO BE 600 MILLION DOLLARS THE LARGEST INCREASE IN HISTORY


THERE ARE NO LOCAL CERTIFIED TRAINING PROVIDERS AT THIS TIME.


The City of Fort Smith, Community Development Department is trying to help you by hosting an RRP training event here in Fort Smith (Each day will be a new 8 hour class) the classes will be held the Tuesday through Friday January 26-29 and possibly Saturday the 30th 2010 if response makes it necessary.

Course fee: $225.00


The new EPA Rules have also limited the number of participants in a classroom to a maximum of 16, so we are only going to be able to provide training for the first 64 - 79 pre-paid registrants.

Classes are already beginning to fill up!


If you are interested in attending please contact: Candyce Waters at 784-2209 or visit at 623 Garrison Ave, room 331 Fort Smith, AR.

The City of Fort Smith, Arkansas


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Okay. That's the flyer's text, word for word, as it was handed to me by a Home Depot employee last Thursday. I have since shown the flyer to three other trades people and each has had the same knee-jerk reaction as I intially demonstrated. Receiving this communcation was tantamount to being blind-sided. There has been no heads-up given regarding this new EPA certification requirement for lead safe work practices. And, there has been no discussion or attempt to enlighten the targeted public i.e., contractors and trades people as to the particulars of this, obviously, VERY IMPORTANT issue. The flyer and its message, appearing out of the blue, was a sudden non sequitur message that was communicated with the obvious intent to strike fear into the hearts of those who read it. In other words, using fear with the threat of force (BIG heavy fines and jail time) in order to get compliance. "Do this or else!"

Obviously, this certification program is not something that the city of Fort Smith has originated. This is coming from the EPA and it is being pushed down to the states and cities. And, it appears that enforcement of the RRP Rule is going to be the burden of local officals. Although, there is this matter of the EPA's 2010 budget proposal for enforcement of $600 million dollars (per the flyer - largest increase in history). So, I wonder...what does that mean exactly? How's that goning to roll out exactly? In any case, I do not think that the EPA composed this flyer. I would guess that each city has to come up with how its going to handle this issue and distributing this alarming flyer is the approach that the city of Fort Smith has decided to go with.

After my emotional reaction had dissipated, I went back to the flyer and as I reread it questions and thoughts came to mind.

1. Exactly how bad is the lead poisoning problem? Is it pandemic? The problem must have really escalated in order to instigate such a broad based certification program.

Note: I am aware that lead poisoning is a problem. In the early 80s I did research work indirectly for a lobbyist that was an advocate for a group of people in Portland, Or. that were the victims of lead poisoning. This group was working to get the building codes changed in the state so that the use of lead solder would no longer be allowed in plumbing. This particular group was foucused on this apsect because their lead posioning was attributed to drinking water that was flowing through lead pipes. Of course it was code to remove and replace all lead water pipes when discovered.

2. If lead poisoning has gained such magnitude as a problem, then why isn't there more attention and funding being put on educating the public at large so we all have a conceptual understanding of all the particulars of this problem? Why, instead, is the attention and money being put on enforcement? I mean, it seems to me, that with this $600 million for enforcement, a small percentage of that amount could be used to fund the production of high quality educational/instructional DVDs. And the DVDs could be distributed through any business even remotely connected to the building industry (or downloaded from the internet) and made available for a nominal fee or even for free. Also, DVDs could be tailor-made for students of different age groups and shown in schools.

Wouldn't it make more sense to bring everyone up to a point where they really understood the lead poisoning problem and understood what had to be done to handle it? And because everyone had the same facts and understood the problem they were in agreement with one another on what needed to be done and they were willing to cooperate with one another to accomplish the objective.

3. Why couldn't the certification classes be offered on the internet?

4. Why do the EPA Rules limit the number of participants to a maximum of 16 in a classroom?

5. What impact is the implementation of the lead safe work practices going to have on the costs of renovation/remodeling?

6. Is this program really just a way for the current administration to create more jobs?

7. If a home owner remodels his/her house that was built pre 1978 do they have to be certified too?

8. If a property owner works on his/her own rental properties, do they also have to be certified?


Well, I'll leave it at that for now. My next step is to see what I can dig up on the internet to answer the questions I've posed. Once I've found something out I'll assemble and present that information in my next blog. But, you certainly don't have to wait for me. Indeed, I think that the more of us that are researching this issue the better.

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link to blog on The City Wire

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