Information on Lead-Based Paint Rule

Thursday April 29, 2010

The Environmental Protection Agency's "Lead: Renovation, Repair and Painting" (Lead RRP) rule went into effect on April 22, 2010. The rule is designed to help reduce lead exposure to pregnant women and children from dust caused by renovations. Unfortunately, the implementation of the rule has caused a lot of confusion from constituents - including homeowners, landlords, renovators, and contractors - throughout Oklahoma and nation.

In an effort to help provide answers for constituents, Senator Inhofe has created this webpage.

The new rule applies to renovations in homes built before 1978 and that disturb more than six square feet of paint. These renovations must be supervised by a certified renovator and conducted by a certified renovation firm. In order to become certified, contractors must submit an application - with a fee - to EPA, and complete a training course for instruction on lead-safe work practices.

Summary: In this issue of EPW Policy Brief, we focus on the White House Council on Environmental Quality's (CEQ) draft guidance to clarify how federal agencies should incorporate climate change considerations into decision making under the National Environmental Policy Act (NEPA).

We provide some background on NEPA, as well as an overview of CEQ's draft guidance. We also highlight a recent legal settlement involving NEPA, greenhouse gas emissions (GHGs), and oil and gas leasing, which caused, among other things, substantial legal uncertainty for federal oil and gas leaseholders.

Unfortunately, NEPA's guidance fails to resolve any of the central questions at issue in this and other similar cases. This is why Congress must pass S. 3230, the NEPA Certainty Act, which would prohibit consideration of GHGs and climate change under NEPA.

Issue: A number of court decisions and legal settlements on climate change have pushed NEPA beyond its traditional scope. On February 18, 2010, Nancy Sutley, Chair of CEQ, issued a draft guidance memorandum to help federal agencies consider the effects of GHG emissions and climate change in their NEPA evaluations. Unfortunately, the guidance is vague and offers no bright lines to clearly direct the way in which federal agencies incorporate climate change into NEPA analyses.

In 2005, as Chairman of the Senate Environment and Public Works Committee, I was pleased to author and see the enactment of the Partners for Fish and Wildlife Act in October 2006. I held a field hearing in Tulsa, Oklahoma in April 2005, which featured one of our witnesses today, Grove Valley Principal Debbie Straughn. Ms. Straughn established an outdoor classroom through the Partners Program. Former FWS Director Dale Hall testified along with landowners who have benefited from the program. The hearing also explored how Partners Program conservation projects were being developed alongside agriculture, ranching, and oil and gas development. The Partners Program demonstrates that conservation, oil and gas development, and agriculture are not mutually exclusive.
With Senate climate legislation in limbo, a pair of influential Republican senators hopes the chamber will focus on clean air legislation aimed at slashing power plant pollution.

Sens. James Inhofe of Oklahoma and George Voinovich of Ohio, the top two Republicans on the Environment and Public Works Committee, want the Senate to zero in on a bill to slash soot, smog and mercury from power plants now that the future of the climate bill is in flux, according to Republican aides.

Sen. Lindsey Graham (R-S.C.), who has been crafting a climate bill with Sens. John Kerry (D-Mass.) and Joe Lieberman (I-Conn.), on Saturday threatened to abandon the climate negotiations because of a White House push to simultaneously overhaul federal immigration policies (E&E; Daily, April 26).

In an op-ed published yesterday in Politico, Inhofe said the global warming debate has been a "distraction."

"The Senate is wasting time on legislation that, even if passed, would fail to achieve its stated goal of reducing global temperatures," Inhofe wrote of the climate bill. "There's an opportunity right now to make significant environmental progress -- while ensuring cleaner, more affordable and more reliable electricity for consumers."

Voinovich, however, yesterday said that he was not choosing a climate bill or multipollutant legislation over the other, but urged action on both fronts. Of the climate bill, he said, "My feeling is if they can get their act together -- I don't think they have yet -- and something can be worked out, I think that we should do it."

The Ohio Republican is listed as a "fence sitter" on a comprehensive climate change bill, according to E&E;'s latest assessment of the Senate debate. Inhofe, on the other hand, is listed as a "no" vote.

"Our hope is that the focus shifts away from the Kerry-Graham-Lieberman effort, which is very much in doubt" and moves toward efforts to pass multipollutant legislation, said an Inhofe aide.

Inhofe: A Path to Environmental Progress

Reacts to Cap and Tax Bill Being Delayed

Monday April 26, 2010

With all the frenzied speculation on the now-postponed climate change bill from Sens. John Kerry (D-Mass.), Lindsey Graham (R-S.C.) and Joe Lieberman (I-Conn.), many in Congress have been overlooking the chance to pass landmark legislation that could reduce pollution and provide meaningful health and environmental benefits.

That's right. We can pass bipartisan multipollutant legislation to guarantee significant reductions in mercury, sulfur dioxide and nitrogen oxides from power plants - while providing the regulatory certainty needed to advance cleaner, more efficient technologies.

I have worked with Sen. George Voinovich (R-Ohio) on multipollutant legislation for years. In fact, we worked on a bill introduced by former Sen. Jim Jeffords (I-Vt.) when he chaired the Senate Committee on Environment and Public Works in 2002.

In 2005, when I served as the committee chairman and Voinovich served as chairman of the Clean Air and Nuclear Safety Subcommittee, we tried to pass bipartisan legislation. But it died in committee.

Recognizing the need to reduce power plant emissions, the Bush administration had pressed ahead without Congress and issued the Clean Air Interstate Rule and the Clean Air Mercury Rule.

The Senate Budget Committee yesterday hamstrung the chamber's ability to move climate change legislation through the filibuster-proof reconciliation process on its way to passing a budget resolution that also freezes spending for most domestic programs.

The panel yesterday approved the fiscal 2011 budget blueprint by a 12-10 vote, with only Sen. Russ Feingold (D-Wis.) breaking from his party to vote against the measure. There is no definitive timing for the bill might head to the Senate floor and committee Chairman Kent Conrad (D-N.D.) said he has not yet spoken to enough lawmakers to know whether there are enough votes to pass the resolution.

Even if the budget resolution does clear the chamber, it continues to appear highly unlikely that its reconciliation portion will be used as a vehicle to pass sweeping climate and energy legislation.

Oklahomans urge Sunstein to delay rule

Thursday April 22, 2010

WASHINGTON - After an 11th-hour call to a key administration official who offered short-lived optimism, U.S. Sen. Jim Inhofe conceded late Wednesday that nothing can be to done to delay an EPA rule that some say will wreak havoc on plans to remodel or even work on homes built before 1978.

"I am not happy about it,'' the Oklahoma Republican said. "I am not optimistic now.''

The new regulation, which goes into effect Thursday, requires that every home, child-care facility and school built before 1978 be tested for lead paint by a certified contractor before renovations are performed.

If a building tests positive for lead, contractors must seal off the area and clean it with vacuum equipment while wearing safety suits.

Earlier in the day, Inhofe had met with several Tulsa homebuilders who warned of the consequences of allowing the rule to be implemented without enough classes to train workers on the new rules.

During that meeting, the senator placed a call to Cass Sunstein of the administration's Office of Information and Regulatory Affairs.

Paul Kane, executive vice president and CEO of the Home Builders Association of Greater Tulsa, laid out for Sunstein the group's concerns.

Kane explained the difficulty local contractors are having in getting certified, adding that only one trainer in the entire state of Oklahoma has been certified and that that person has been certified for only a few weeks.

Moreover, he told Sunstein, that person is not offering training to the public but is limiting his classes to his own organization.

Inhofe was impressed with Sunstein's responses, saying he sounded open to stepping in with the U.S. Environmental Protection Agency to discuss ways to delay the rule's effective date.

After more research on the various options, however, everyone seemed to come to the same conclusion - that the rule requiring contractors to be certified would take effect Thursday.

"I can't think of anything that we haven't done,'' said Inhofe, who is the top Republican on the Senate Environment and Public Works Committee and has joined with other senators to press the matter with the EPA and the Office of Management and Budget.

"I don't want to give any false hopes," he said.

During the meeting between Inhofe and the homebuilders, Joe Robson, president of the Robson Cos., said home remodeling plays an important role in the current economic climate.

For some homebuilders, it has become their life blood, he said.

Robson also spoke of the $37,500 daily fine that will be imposed on contractors who violate the certification rule.

Ken Klein of Kleinco Properties warned that the rule could shut down the vitality of the local housing market.

Kerry: Gas Tax? What Gas Tax?

Wednesday April 21, 2010

Here's a fabulous sneak peek into the climate bill negotiations. Yesterday Sen. John Kerry (D-Mass.) attempted to squash the idea he and his colleagues have ever contemplated including a gas tax in the climate bill. "There is no gas tax, never was a gas tax, will not be a gas tax, I don't know where that came from, but it is just wrong. Period," he told reporters. "There is not even a linked fee, there is not a tax, there is nothing similar."

Pretty sure the idea came from ... the bill's coauthors. Sens. Lindsey Graham (R-SC) and Joe Lieberman (I-Conn.) discussed the prospect of a carbon fee on transportation fuels with reporters shortly before the April recess. "It's on the table," Lieberman said following a March 25 meeting with industry groups. And Graham explained that the oil industry favored a fuel fee if that would mean the industry wouldn't be included under a hard cap on carbon.

It's not entirely clear if what's going on here is a rhetorical shift (nobody likes the word "tax" of course), or an actual policy change. This could be much like the whole "cap and trade is dead" dance the senators are performing, in which they declare the policy deceased while, in reality, some form of it will likely be included in their bill.
(04/20/10) Owners of older homes planning renovations might have a hard time finding workers because many contractors are scrambling to comply with a new EPA rule on lead paint. The problem is that not enough trainers are available to certify all the contractors for the new Environmental Protection Agency regulations, said Ken Saltink, president of the Remodelers Council of the Home Builders Association of Greater Tulsa and head of All American Remodel. The new rules go into effect Thursday. "The EPA says there's only one trainer in the state, and he's in Oklahoma City," Saltink said. "And 90 percent of the contractors knew nothing about the regulations or the deadline." The new regulations stipulate that every home, child-care facility and school built before 1978 be tested for lead paint by a certified contractor before renovations are performed, including painting, plumbing, and window and electrical work. If a building tests positive for lead, contractors must seal off the area and clean it with vacuum equipment while wearing safety suits. Debbie Lewis, director of operations for Tulsa-area home renovation company Builderhaus, said her workers are in the process of getting certified, but their licenses won't come through until after the deadline. As a result, the company is turning down any request to work on a pre-1978 home, since violating the EPA's rule results in a $37,500 per day fine per incident. "They'll go out for people I'm sure to make examples of them, and we don't want to get caught up in that," Lewis said. EPA spokesman Dale Kemery acknowledged there is only one Oklahoma-based trainer for the certification - at the Oklahoma Association of Community Action Agencies in Oklahoma City. However, he said 33 courses have been offered throughout the state as of Monday, mostly taught by trainers from other states.

Inhofe: Climates no better for bill

Tuesday April 20, 2010

Sen. Jim Inhofe (R-Okla.) has lived through four failed attempts to pass climate change legislation, and he's confident the emerging Senate debate will end much the same way.

In fact, Inhofe, a global warming skeptic, says a recent scandal in the scientific community has only emboldened the opposition. When that's combined with the deal making that typically defines such legislative efforts, he says, the scales tip decidedly his way.

"Their strategy was and is flawed because they've tried it before. It's called ‘divide and conquer,'" he said in an interview with POLITICO as part of "The Green Divide," a weeklong video series.

"Here's the problem. You might be able to break down some groups and get them to come over. But when you do that, you lose others."

To illustrate his point, Inhofe points to the protests from Democratic senators of a White House announcement to expand offshore drilling along portions of the Eastern seaboard and elsewhere. Similar enticements for the oil industry and other energy business interests are expected to be included in the Senate climate legislation.

Inhofe conceded that the entry of South Carolina Republican Sen. Lindsey Graham as a co-sponsor of the bill being drafted with Sens. John Kerry (D-Mass.) and Joe Lieberman (I-Conn.) could change the dynamics.

"He's a very attractive person. I like Lindsey Graham because we disagree on almost everything, but we are good friends and we laugh about it," Inhofe said.

"He might be able to bring someone, one or two people, in," Inhofe said. "But when you bring them in, you're going to lose five or six on the other side. So we're talking about net votes and ... I don't believe that he's going to be able to increase the net votes."