1
UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
x
Proposed
Rule
Establishing
Requirements
To
Protect
Children
during
Renovation,

Repair
and
Painting
Activities
that
Disturb
Lead­
Based
Paint
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
x
March
30,
2006
United
States
Custom
House
One
Bowling
Green
New
York,
New
York
10004
1:
10
p.
m.

Hearing
on
proposed
rule
establishing
requirements
to
protect
children
during
renovation,
repair
and
painting
activities
that
disturb
lead­
based
paint.

B
E
F
O
R
E:

KENNETH
STOLLER
­
Chief
Pesticides
and
Toxic
Substances
LOUIS
BEVILACQUA
­
Coordinator,

Region
Lead
Program
MARK
HENSHALL
­
National
Program
Chemicals
Division
COMPUTER
REPORTING
INC.
(
212)
986­
1344
2
S
P
E
A
K
E
R
S:

Kevin
Wrynn
­
NARI
Brad
Donovan
­
NARI
Dawn
Carpenter
­
IREM
Suzanne
Mattei
­
SIERRA
CLUB
Matthew
Chachene
­
NMK
Mark
Drozdov
­
CES
Kate
Aditsky
­
NYC
TRANSIT
COMPUTER
REPORTING
INC.
(
212)
986­
1344
3
1
Re:
Lead­
Based
Paint
2
P
R
O
C
E
E
D
I
N
G
S
3
MR.
STOLLER:
Good
afternoon,
ladies
4
and
gentlemen.
My
name
is
Kenneth
Stoller.

5
I'm
chief
of
the
Pesticides
and
Toxic
Substance
6
Branch
for
Region
II
of
the
EPA
and
on
behalf
of
7
Allen
Steinberg,
Region
Administrator.
We
8
welcome
you
here
to
I
believe
this
is
the
third
9
of
five
hearings
on
the
EPA
proposed
10
renovations,
repair
and
painting
rule.

11
Basically,
I
will
turn
it
over
to
our
12
headquarters
individual
on
the
right,
but
I
13
would
like
to
introduce
everyone
up
here
and
14
turn
the
mike
over
to
him.

15
To
my
left
is
Louis
Bevilacqua,
who
16
works
with
me
in
Edison,
New
Jersey.
That
just
17
happens
to
be
where
we
are
located,
but
Region
18
II
governs
New
York,
New
Jersey,
Puerto
Rico,

19
the
Virgin
Islands.
Lou
is
the
lead
paint
20
coordinator
for
Region
II
and
on
my
right
is
21
Mark
Henshall,
representing
the
program
office
22
in
Washington,
which
is
the
Office
of
Pollution,

23
Prevention
and
Toxics
and
he
will
go
over
how
24
the
hearing
will
be
held;
but,
again,
let
me
25
welcome
everyone
for
taking
up
your
time
for
COMPUTER
REPORTING
INC.
(
212)
986­
1344
4
1
Re:
Lead­
Based
Paint
2
this
important
topic
to
express
your
thoughts
3
and
listen,
learn
and
submit
any
comments
you
4
have.
Mark.

5
MR.
HENSHALL:
We
greatly
appreciate
6
the
turnout.
It
doesn't
look
like
a
lot
of
7
people
have
come
right
now.
We
may
get
some
8
more
folks
but
we
do
appreciate
everyone
that
9
has
taken
the
time
out
of
their
day
to
come
out
10
here.

11
A
few
ground
rules
to
let
the
people
12
know
what
the
meeting
is
not.
We
are
not
here
13
to
sort
of
debate
or
have
a
dialogue
on
the
14
rules
per
se.
This
is
just
another
forum
or
15
avenue
through
which
the
Agency
can
receive
16
public
comment.

17
All
oral
comments
or
all
testimony
18
that
is
going
to
be
given
today
is
going
to
be
19
transcribed
by
our
court
reporter
and
entered
20
into
the
docket,
and
those
oral
comments
are
21
going
to
be
considered
along
with
all
of
the
22
written
comments
that
the
agency
receives
on
the
23
proposed
regulation
when
we
consider
the
final
24
rule.

25
These
comments
are
handled
no
COMPUTER
REPORTING
INC.
(
212)
986­
1344
5
1
Re:
Lead­
Based
Paint
2
differently
than
any
written
comments
that
will
3
be
submitted
on
the
regulation
and
in
no
way,
if
4
you
are
a
speaker
here
today,
it
doesn't
5
preclude
you
from
any
written
comment
today,

6
which
I
can
take
or
allow
you
to
submit
them
to
7
the
docket
through
the
on­
line
docketing
system
8
we
have
set
up,
which
is
explained
further
in
9
the
proposal.

10
The
way
things
are
going
to
work
this
11
afternoon
is
that
Amy
Mortimore,
who
is
an
12
employee
of
ICF
contracted
firm,
for
their
13
service
­­
they
are
a
contractor
that
has
14
helped
us
arrange
this
meeting
­­
she
will
be
15
calling
the
speakers
who
have
preregistered
and
16
signed
up
in
the
back.

17
If
you
are
here
and
you
have
not
yet
18
signed
up
and
you
do
want
to
speak,
please
feel
19
free
to
go
back
out
front
and
sign
your
name
and
20
Amy
will
be
calling
folks
in
the
order
in
which
21
they
are
appearing
on
the
sign­
up
sheet.

22
As
a
general
rule,
we
would
like
to
limit
oral
23
comments
to
about
10
minutes
or
so
and
Amy
is
24
going
to
politely
remind
folks
as
they
get
25
closer
to
their
time
cut­
off.

COMPUTER
REPORTING
INC.
(
212)
986­
1344
6
1
Re:
Lead­
Based
Paint
2
Again,
as
a
reminder,
if
you
do
have
3
written
comments
in
addition
to
your
oral
4
comments
you
are
presenting,
please
feel
free
to
5
leave
them
with
me
or
Amy
and
we
will
make
sure
6
they
get
back
to
Washington
and
are
logged
into
7
the
docket
appropriately.

8
I
think
that's
about
it.
I'm
sorry,

9
before
you
begin
your
comments,
I'd
ask
you
to
10
please
state
your
name
and
your
title
and
11
organization
that
you're
associated
with
and
12
speak
slowly
and
clearly
as
you
give
your
13
presentation
so
we
can
make
sure
you
get
a
very
14
accurate
transcription.

15
That's
extremely
important
because
we
16
have
to
read
all
of
this
when
we
get
back
and
I
17
think
that's
about
it
and
thanks
for
coming
and
18
why
don't
we
go
ahead
and
get
started.

19
Just
so
you
know,
we
are
just
sort
of
going
to
20
be
sitting
here,
not
debating
or
discussing
21
rules
but
we
do
appreciate
you
being
here
to
22
provide
your
comments.

23
MS.
MORTIMER:
It
looks
like
we
24
have
Kevin
Wrynn
and
Brad
Donovan
here.
Let's
25
start
with
Kevin
and
Brad
will
be
up
next.

COMPUTER
REPORTING
INC.
(
212)
986­
1344
7
1
Re:
Lead­
Based
Paint
2
If
someone
else
is
in
the
room
and
wants
to
3
speak,
come
see
me
or
Puja
and
just
give
us
your
4
name.
Dawn,
we
know
you
are
here.
We
will
5
get
to
you.

6
MR.
WRYNN:
My
name
is
Kevin
Wrynn.

7
I
am
the
current
chapter
president
of
New
York
8
City
Long
Island
NARI,
which
is
the
National
9
Association
of
the
Remodeling
Industry.

10
A
little
bit
about
us.
NARI
is
a
nonprofit
11
association
with
headquarters
in
Northwest
12
Chicago
with
58
chapters
in
most
major
metro
13
areas
nationwide.
NARI
is
comprised
of
almost
14
7,000
companies
and
national
suppliers.

15
NARI's
core
purpose
is
to
advance
and
promote
16
the
remodeling
industries
professionalism,

17
product
and
vital
public
purpose.
NARI
members
18
voluntarily
subscribe
to
a
strict
code
of
ethics
19
and
standard
of
practice.

20
NARI
provides
rigorous
programs
of
21
study
with
hands­
on
training
through
its
core
22
chapter.

23
With
passage
of
examinations
24
demonstrating
competence,
certifications
holding
25
national
recognition
are
awarded,
such
as
COMPUTER
REPORTING
INC.
(
212)
986­
1344
8
1
Re:
Lead­
Based
Paint
2
certified
remodelers,
certified
lead
carpenters,

3
certified
kitchen
and
bath
remodeler.
These
4
programs
are
a
NARI
hallmark
and
exemplify
5
NARI's
commitment
to
its
core
purpose.

6
As
far
as
contractor
training
goes,
NARI
7
demonstrates
a
10
year
history
of
strong
support
8
for
government
initiatives
on
lead
safe
work
9
practice.
Since
lead
paint
came
to
the
forefront
10
as
an
environmental
and
health
hazard,
NARI
has
11
taken
a
proactive
position
training
both
12
remodeling
contractors
and
informing
consumers.

13
Between
1996
and
'
98,
NARI
worked
with
both
EPA
14
and
HUD
and
conducted
two
day
training
seminars
15
throughout
the
country
on
lead
safe
remodeling.

16
This
outreach
was
broad
and
offered
to
all
17
remodeling
contractors,
not
just
NARI
members.

18
NARI
continues
to
work
to
ensure
that
all
its
19
members
employ
safe
led
practices.
NARI
20
certification
programs
and
skill
training
are
21
consistently
updated
to
reflect
our
most
current
22
lead
safe
work
practices.

23
NARI
strives
to
ensure
that
the
24
public
remains
informed
about
the
hazard
of
lead
25
and
about
hiring
contractors
trained
in
lead
COMPUTER
REPORTING
INC.
(
212)
986­
1344
9
1
Re:
Lead­
Based
Paint
2
safety
work
practices.

3
NARI
provides
brochures
entitled
4
"
Protect
your
Family
from
Lead
in
your
Home."

5
The
brochure
is
available
in
both
Spanish
and
6
English
as
required
by
law.
NARI
contractors
7
provide
this
brochure
to
homeowners
prior
to
8
commencing
the
remodeling
project
in
homes
9
pre1978
construction.

10
NARI
is
in
strong
opposition
to
the
11
EPA's
new
proposed
rules
governing
lead
12
announced
on
December
29,
2005.

13
NARI
requires
EPA
review
and
serious
14
consideration
of
the
following
points:
While
15
NARI
members
remain
concerned
about
the
16
incidence
of
lead
in
young
children
and
have
17
ever
reason
to
protect
their
clients
and
18
consumers
in
this
regard,
the
new
proposed
rules
19
will
not
decrease
incidence.
The
new
proposed
20
rules
focus
on
lead
handling
during
remodeling
21
and
fail
to
address
the
other
real
potential
22
source
of
lead
exposure
which
may
be
present
23
outside
of
remodeling.

24
The
proposed
rules
do
not
educate
the
25
home
owner
about
incidence
and
effects
of
lead.

COMPUTER
REPORTING
INC.
(
212)
986­
1344
10
1
Re:
Lead­
Based
Paint
2
Homeowners
are
likely
to
engage
in
a
lead
3
modeling
project
within
two
years
of
a
new
home
4
purchase
and
they
do
not
consistently
look
to
5
the
remodeling
contractor
for
assistance.
The
6
EPA
has
no
way
to
ensure
that
the
homeowner,

7
handyman
or
installer
can
and
will
observe
lead
8
safe
practices
in
the
remodeling
project.

9
The
EPA
should
consider
the
point
of
property
10
sale
as
an
opportunity
to
educate
the
homeowner
11
beyond
the
existing
disclosures.
This
could
be
12
accomplished
through
a
requirement
that
buyers
13
of
homes
and
property
built
prior
to
1978
be
14
given
appropriate
information
at
the
opening
of
15
escrow
or
some
similar
milestone.

16
The
newer
proposed
rules
are
entirely
17
focused
on
contractor
behavior
with
creation
of
18
more
regulation
added
to
the
existing
19
regulation.

20
Further
restrictions
on
training,

21
licensing
and
insurance
will
only
raise
the
cost
22
of
remodeling.
These
costs
cannot
be
absorbed
23
in
the
cost
of
the
project
borne
by
the
24
contractor
and
will
be
passed
on
to
homeowners.

25
There
is
a
grave
concern
the
new
proposed
rules
COMPUTER
REPORTING
INC.
(
212)
986­
1344
11
1
Re:
Lead­
Based
Paint
2
will
force
unlicensed
unethical
behavior
among
3
less
reputable
contractors
whose
only
appeal
4
will
be
in
lower
costs
and
shorter
deadlines.

5
It
will
encourage
the
avoidance
of
building
6
permits
and
inspection
process.

7
Professional
remodeling
contractors
who
8
consistently
observe
competent,
diligent
work
9
practices
and
ethics
will
be
subject
to
unfair
10
competition
and,
thus,
economically
harmed.

11
In
closing,
NARI
urges
the
EPA
to
consider
these
12
points
in
amendment
of
the
new
proposed
rules
13
governing
lead
safe
work
practices.
NARI
and
14
its
chapters
are
willing
to
work
with
the
EPA
15
and
other
private
or
governmental
entities
in
16
determining
and
implementing
better
solutions
to
17
lowering
the
incidence
of
lead
in
young
18
children.
Thank
you.

19
MR.
HENSHALL:
Thank
you.

20
MS.
MORTIMER:
Brad
Donovan
is
up
21
and
then
Dawn
Carpenter.

22
MR.
DONOVAN:
Good
afternoon.
My
23
name
is
Brad
Donovan.
I'm
the
president
of
24
Haskill
Building
Supply
in
West
Orange,
New
25
Jersey
and
also
president
of
the
North
America
COMPUTER
REPORTING
INC.
(
212)
986­
1344
12
1
Re:
Lead­
Based
Paint
2
Chapter
of
the
National
Association
of
3
Remodeling.

4
As
the
prior
speaker,
I
would
like
to
5
share
our
initial
thoughts
on
a
new
proposed
6
regulation
for
lead
paint
removal.
I
7
think
everyone
agrees
that
we
must
protect
8
homeowners,
children
and
our
own
employees
from
9
working
in
our
clients
homes.
For
most
people,

10
good
health
and
safe
homes
are
the
biggest
11
priority.
We
just
don't
believe
that
these
12
regulations
provide
for
either.

13
Specifically,
we
believe
that
there
are
too
many
14
contractors
out
there
who
are
willing
to
operate
15
in
a
noncompliant
manner
and
that
these
16
regulations
will
not
prevent
that,
number
one.

17
Number
two,
we
believe
that
there
are
homeowners
18
who
are
willing
to
make
a
trade­
off
in
cost
19
savings
versus
perceived
safety
and
to
operate
20
in
a
noncompliant
environment
will
be
a
lower
21
cost
environment
than
the
one
that
requires
22
compliance
and,
third,
costs
will
ultimately
23
increase
in
order
to
be
compliant
without
24
necessarily
a
clear
assurance
that
it
will,
in
25
fact,
be
a
safer
environment.

COMPUTER
REPORTING
INC.
(
212)
986­
1344
13
1
Re:
Lead­
Based
Paint
2
Our
members
in
New
Jersey
were
part
3
of
a
group
of
remodeling
contractors
who
went
4
through
the
two­
day
HUD
certification
program
5
back
in
1996.

6
Those
contractors
have
been
7
incorporating
lead
safe
removal
practices
into
8
their
proposals
and
into
their
work
since
this
9
program
was
rolled
out.
They
have
also
been
10
presenting
homeowners
with
the
pamphlet
about
11
the,
you
know,
safe
lead
removal
and
sometimes
12
they
lose
jobs
because
of
that.

13
We
believe
it
is
our
duty
to
make
14
people
aware
of
it
but
it
does,
ultimately,
to
15
do
the
job
right,
results
in
higher
costs
and
16
sometimes
people
reason
willing
to
pay
for
that;

17
but,
nonetheless,
we
are
a
professional
18
organization.
We
believe
in
doing
the
job
the
19
right
way.

20
I'd
like
to
quote
one
of
our,
one
of
21
our
members.
He's
the
president
of
JQ
22
Construction,
also
a
certified
remodeler,
and
I
23
will
describe
more
about
that
program.
I
think
24
that
was
just
covered
very
well
but
this
is
25
concerning
his
experience
in
selling
his
COMPUTER
REPORTING
INC.
(
212)
986­
1344
14
1
Re:
Lead­
Based
Paint
2
remodeling
services
and
instances
of
safe
lead
3
practices.
Quotation
from
John,
"
We
do
4
windows
per
lead
safe
requirements.
We
tell
5
homeowners
about
the
law
and
they
often
tell
us
6
no
one
else
has
mentioned
it.
When
we
give
7
them
the
price,
they
tell
us
other
companies
do
8
not
mention
they
had
to
go
by
the
law
and
often
9
are
quoting
lower
prices.
We
take
in
addition
10
30
to
45
minutes
per
window
to
follow
the
lead
11
safe
practices.
We
also
have
a
higher
cost
in
12
equipment
to
comply.
Our
workers
wear
more
13
protective
equipment.
All
of
this
adds
cost
to
14
the
labor,
cost
to
the
materials
and
many
times
15
the
homeowner
is
just
not
willing
to
pay."
So
16
this
is
basically
a
quotation
from
someone
out
17
there
doing
the
work
every
day
and
living
the
18
environment
they
are
in
with
today's
19
requirements.

20
Like
most
contractors,
John's
company
21
does
lots
of
other
work,
much
of
which
does
not
22
involve
lead
based
issues
and
what
he
is
23
increasingly
doing,
as
other
contractors,
also
a
24
lot
of
qualified
contractors,
they
will
focus
on
25
opportunities
where
they
won't
have
to
deal
with
COMPUTER
REPORTING
INC.
(
212)
986­
1344
15
1
Re:
Lead­
Based
Paint
2
the
lead
base
issue
and
I
think
ultimately
that
3
becomes
a
disservice
to
the
homeowner.

4
The
more
highly
qualified
contractors
that
want
5
to
step
away
from
this,
the
more
underrated
6
other
contractors
become
available
to
the
7
homeowner
and
I
think
that's,
again,
a
8
disservice
to
the
homeowner
if
that
occurs.

9
The
certification
program
that
was
sponsored
by
10
HUD
that
was
presented
by
our
members
11
comprehensive
two­
day
course,
everyone
believes
12
that
it
was
presented
and
beneficial.
They
13
apply
those
practices
today.

14
The
incorporation
of
these
practices
15
that
could
result
or
will
ultimately
result
in
16
some
form
of
higher
costs
will
ultimately
be
17
passed
on
to
the
homeowner
and
costs
passed
on
18
for
value
is
not
necessarily
a
bad
thing,
but
I
19
think
the
question
here
are
we
certain
that
20
there
is
going
to
be
a
value
thereby
complying
21
with
this
form
of
the
regulation.

22
Those
costs
become
part
of
overhead
23
or
direct
costs
in
the
job.
Their
concern,
it
24
just
becomes
an
overhead
cost
and
that
25
ultimately
rolls
out
to
everyone.

COMPUTER
REPORTING
INC.
(
212)
986­
1344
16
1
Re:
Lead­
Based
Paint
2
The
contractors
business
and
3
ultimately
the
impact
on
the
homeowner
as
well
4
in
some
cases
don't
have
a
lead
base
issue
but
5
now
proposals
costs
are
higher
and
that
may
slow
6
down
or
take
out
the
opportunity
to
do
work
that
7
the
homeowners
might
otherwise
be
doing.

8
We
believe
insurance
costs
are
going
to
increase
9
as
a
result
of
this.
Liability
as
well
as
health
10
insurance
for
employees
of
the
firms
as
this
11
sort
of
makes
the
point
a
much
more
prominent
12
issue,
and
there
are
many
contractors,
again,
as
13
we
sort
of
adds
the
professionalism
of
an
14
organization
like
ours
versus
the
noncompliant
15
ones,
they
don't
carry
life
insurance
today.

16
They
don't
carry
workers
compensation
insurance
17
today.
Contractors
like
an
organization
like
18
ours
required
to
do
this
will
just
be
one
19
potential
area
for
exposure
ultimately
to
the
20
contractor.

21
The
other
concern
is,
you
know,
how
22
this
ultimately
affects
how
jobs
get
done
in
the
23
marketplace.

24
Two
houses
next
to
each
other.
One
25
with
children
under
six,
one
with
children
over
COMPUTER
REPORTING
INC.
(
212)
986­
1344
17
1
Re:
Lead­
Based
Paint
2
six
could
ultimately
experience
very
different
3
budgets
for
essentially
doing
the
same
work
4
based
upon
the
way
the
regulation
is
done
today
5
and
it
isn't
clear
that
there
is
a
compelling
6
reason
why
that
should
be
the
case.
So
we
7
believe
that
should
be
looked
at
as
well.

8
A
number
of
questions
need
to
be
added.

9
Homeowners
aren't
willing
to
pay
for
this
and
10
they
are
willing
to
go
under
rate,
if
you
will,

11
for
work
that
is
noncompliant.

12
If
the
job
is
not
done
properly,
a
13
child
in
the
home
ultimately
becomes
ill,
who's
14
responsible,
who's
responsible?
And
if
the
15
regulation
doesn't
address
that,
there
is
a
16
problem
that
ultimately
isn't
resolved.
How
will
17
the
regulation
ultimately
be
policed.

18
As
we
speak
with
building
inspectors,
and
that's
19
one
group
we
try
to
engage
on
a
fairly
regular
20
basis,
a
lot
of
them
are
not
well
versed
on
21
this,
nor
do
they
understand
how
they
would
be
22
responsible
for
enforcing
it.
So
who
23
ultimately
would
be?
How
would
that
be
24
handled?

25
The
other
concern
would
be
homeowners
COMPUTER
REPORTING
INC.
(
212)
986­
1344
18
1
Re:
Lead­
Based
Paint
2
who
basically
draw
their
own
permits
and
where
3
will
be
the
enforcement
on
a
project
like
that
4
if
it
can't
be
taken
through
the
permit
process.

5
And,
ultimately,
also,
along
with
that
what
will
6
be
the
education
process?
Not
that
homeowners
7
will
stop
taking
up
permits
or
work
done
or
8
should
they
but
certainly
there
needs
to
be
a
9
process
in
which
they
are
controlling
the
job,

10
they
are
educated
in
what
the
risks
are.

11
Essentially,
it's
our
belief
that
the
12
regulations
won't
protect
those
for
whom
it
is
13
intended
without
some
sort
of
revision
and
14
consideration
to
the
points
we
are
bringing
out
15
today.

16
A
lot
of
times
because
of
the
costs,

17
customers
question
the
legitimacy
of
what's
18
being
claimed
and
aren't,
you
know,
sufficiently
19
or
properly
fearful
of
the
risks
and,

20
ultimately,
someone
who
won't
do
as
good
a
job
21
will
get
the
work
and
the
risk
of
the
exposure
22
to
the
homeowner
doesn't
go
away.
So
I
want
to
23
thank
you
for
the
opportunity
to
present
our
24
position
today
and
we
would
also
like
to
ask
25
that
the
comment
period
be
extended
for
another
COMPUTER
REPORTING
INC.
(
212)
986­
1344
19
1
Re:
Lead­
Based
Paint
2
90
days
so
that
we
can
review
this
much
more
3
carefully
and
provide
I
think
an
even
more
4
detailed
position
on
this
for
you.

5
MR.
HENSHALL:
Thank
you,
Brad.

6
MR.
DONOVAN:
Thank
you.

7
MS.
MORTIMER:
Dawn
Carpenter
and
8
then
Suzanne
Mattei.

9
MR.
HENSHALL:
If
you
would
like
to
10
speak
and
you
haven't
signed
up
with
Amy
or
11
folks
in
the
back,
please
do
so.

12
MS.
CARPENTER:
Good
afternoon.
My
13
name
is
Dawn
Carpenter.
I
am
a
certified
14
property
manager
and
I
am
president
of
IREM
15
Greater
New
York
chapter.

16
The
Institute
of
Real
Estate
17
Management
is
an
affiliate
of
the
National
18
Association
of
Realtors.
The
institute
is
the
19
only
professional
real
estate
management
20
association
serving
both
multi­
family
and
21
commercial
real
estate
sectors.

22
With
81
U.
S.
Chapters
and
eight
23
international
chapters,
IREM
is
an
international
24
organization
that
serves
as
an
advocate
25
affecting
the
real
estate
management
industry.

COMPUTER
REPORTING
INC.
(
212)
986­
1344
20
1
Re:
Lead­
Based
Paint
2
Collectively
IREM
members
manage
more
than
6.5
3
billion
square
feet
of
commercial
space
and
more
4
than
13
million
residential
units
totaling
over
5
$
848.2
billion
in
real
estate
assets.

6
I
am
the
owner
of
Dawn
Realty,
Inc.,
an
7
accredited
real
estate
management
organization
8
located
in
the
Borough
of
Staten
Island.

9
Currently,
Dawn
Real
Estate
is
one
of
nine
AMO
10
firms
operating
in
the
Greater
New
York
area,

11
including
the
five
boroughs,
Westchester
and
12
Long
Island.

13
The
institution
has
concerns
with
the
14
proposed
lead
based
paint
rule
issued
under
the
15
authority
of
Section
402(
c)(
3)
of
the
Toxic
16
Substances
Control
Act.
I
have
seven
points
I
17
would
like
to
address
today.

18
First,
the
proposed
rule
requires
19
that
a
certified
renovator
supervise
each
and
20
every
renovation
defined
as
any
activity
that
21
disturbs
more
than
two
square
feet
of
paint.

22
IREM
believes
such
a
requirement
will
result
in
23
a
disincentive
for
property
owners
to
conduct
24
regular
maintenance
on
their
properties.
This
25
could
result
in
deferred
maintenance
of
the
COMPUTER
REPORTING
INC.
(
212)
986­
1344
21
1
Re:
Lead­
Based
Paint
2
target
housing
possibly
creating
greater
lead
3
hazards.
Due
to
the
increased
expense,

4
administrative
burden
and
time
involved
with
5
complying
with
the
rule,
owners
may
be
forced
to
6
divert
small
maintenance
activities
until
they
7
are
forced
to
deal
with
a
bigger
problem.

8
In
response
to
whether
or
not
the
rule
should
9
apply
when
the
housing
is
unoccupied,
for
10
example,
during
a
turnover
of
a
unit,
IREM
would
11
agree
that
requiring
such
or,
excuse
me,
arguing
12
that
requiring
such
a
work
practice
for
a
vacant
13
unit
would
be
unnecessary
as
there
is
no
chance
14
for
exposure
when
nobody
is
living
there.

15
The
proposed
rule
would
require
that
signed
and
16
dated
records
be
kept
describing
the
work
17
practices,
sign
posting
procedures,
contaminant
18
and
cleaning
for
every
job.
EPA
expects
this
19
record­
keeping
burden
to
take
more
than
five
20
hours
per
year.
IREM
would
strongly
argue
that
21
this
record­
keeping
would
be
far
more
time
22
consuming
than
the
EPA
believes.

23
Fourth,
a
proposed
rule
requires
that
the
24
certified
renovator
be
present
on
the
work
site
25
on
a
regular
basis
to
oversee
work
practices
but
COMPUTER
REPORTING
INC.
(
212)
986­
1344
22
1
Re:
Lead­
Based
Paint
2
the
EPA
requirements
and
comments
on
whether
3
this
individual
should
be
physically
present
at
4
the
work
site
at
all
times
and
whether
they
5
should
prohibit
this
individual
from
being
6
assigned
to
more
than
one
job
at
a
time.

7
IREM
would
argue
that
such
a
requirement
would
8
be
unnecessary
providing
oversight
by
the
9
certified
renovator
on
a
regular
basis
would
be
10
sufficient
for
quality
control
over
the
project.

11
Fifth,
the
proposed
rule
does
not
require
the
12
EPA
be
notified
at
the
beginning
of
all
13
renovation
jobs
but
request
comment
about
14
whether
or
not
they
should.

15
IREM
strongly
argues
that
requiring
16
EPA
notification
prior
to
all
disturbances
of
17
paint
over
two
square
feet
would
be
infeasible
18
and
would
result
in
the
property
owners
19
deferring
all
maintenance
until
such
time
that
20
they
could
take
care
of
all
their
jobs
at
the
21
same
time
to
consolidate
notification.

22
We
urge
the
EPA
to
stick
with
their
proposal
to
23
not
require
such
notification.

24
Sixth,
the
proposed
rule
talks
about
25
fees
for
application
training.
IREM
urges
the
COMPUTER
REPORTING
INC.
(
212)
986­
1344
23
1
Re:
Lead­
Based
Paint
2
EPA
to
make
the
training
for
certified
3
renovators
free
for
some
time
period
to
help
4
with
the
creation
of
this
type
of
worker.
EPA
5
and
HUD
have
provided
free
training
for
many
of
6
their
other
rules
which
has
been
helpful
in
7
gaining
compliance.
IREM
urges
the
EPA
to
do
8
the
same
with
this
rule.

9
Lastly,
the
proposed
rule
does
not
10
require
dust
clearance
sampling
after
each
11
renovation
project.
IREM
fully
supports
the
12
reasoning
EPA
has
used
to
not
require
the
13
testing.
Thus,
dust
sampling
is
very
expensive
14
and
is
time
consuming.

15
While
waiting
for
the
test
result,

16
the
renovation
area
would
have
to
remain
17
unoccupied
creating
a
tremendous
burden
on
the
18
property
owners
and
residents.
Such
a
19
requirement
would
absolutely
result
in
the
20
deferred
maintenance
and
deteriorating
21
properties.

22
We
strongly
urge
the
EPA
to
stand
by
23
their
decision
to
not
require
dust
clearance
24
sampling
for
renovation
jobs.
Thank
you.

25
MS.
MORTIMER:
Next
up
we
have
COMPUTER
REPORTING
INC.
(
212)
986­
1344
24
1
Re:
Lead­
Based
Paint
2
Suzanne
Mattei
from
the
Sierra
Club
and
is
there
3
anyone
else
here
who
wishes
to
speak?

4
MS.
MATTEI:
Hello.
My
name
is
5
Suzanne
Mattei.
I'm
the
New
York
City
6
executive
for
the
Sierra
Club.
We
have
7
submitted
a
written
letter
to
the
agency
so
I
8
won't
read
the
whole
thing.
I
will
just
9
basically
touch
on
the
key
points.

10
Section
402
of
the
Toxic
Substance
Control
Act
11
requires
the
EPA
to
adopt
regulations
12
controlling
lead
paint
hazards
and
targeting
13
housing,
public
buildings
built
before
1978
and
14
commercial
buildings
that
create
lead
base
paint
15
hazards.

16
Nearly
10
years
after
the
deadline
17
under
the
threat
of
a
lawsuit
and
a
warning
by
18
Senator
Obama,
the
EPA
has
finally
published
a
19
proposed
rule
to
regulate
lead
hazards.
So
20
we're
pleased
to
see
the
EPA
is
moving
forward
21
to
regulate
renovation
repair
and
paint
22
activities
on
target
housing.

23
We
think
it
is
critically
important
24
to
do
so
and
we
think
it
is
critically
important
25
that
this
work
be
done
by
trained
certified
COMPUTER
REPORTING
INC.
(
212)
986­
1344
25
1
Re:
Lead­
Based
Paint
2
workers,
but
we're
concerned
about
a
couple
of
3
things.

4
Number
one,
that
the
result
only
5
addresses
target
housing.
It
makes
no
mention
6
of
the
responsibility
to
regulate
renovation
and
7
remodeling
activities
at
child­
occupied
8
facilities
in
public
or
commercial
buildings,

9
does
nothing
to
prevent
dangerous
work
practices
10
on
building
exterior,
such
as
sand
blasting
that
11
spreads
lead
dust
on
the
streets
and
12
playgrounds,
yards
and
homes
of
urban
residents.

13
While
targeting
housing
is,
in
fact,
the
most
14
significant
source
of
lead
poisoning,
we
should
15
not
be
ignoring
these
other
sources;
for
16
example,
the
14,200
child
care
centers
out
of
17
100,000
nationally
that
have
significant
lead
18
base
paint
hazards
is
estimated
in
a
2003
report
19
sponsored
by
EPA,
HUD
and
CPSC.

20
These
14,200
child
care
facilities
21
care
for
470,000
children
and,
again,
the
EPA
is
22
also
ignoring
the
thousands
of
public
and
23
private
commercial
buildings
in
urban
areas
24
which
exterior
paint
works
contaminates
25
neighborhoods
and,
in
closing,
finally,
we
are
COMPUTER
REPORTING
INC.
(
212)
986­
1344
26
1
Re:
Lead­
Based
Paint
2
very
concerned
about
the
failure
to
adopt
the
3
dust
clearance
testing.

4
The
periods
of
these
regulations
5
rejects
essentially
the
scientific
approved
6
methods
of
sampling
lead
base
paint
hazards
7
based
on
the
lead
analysis
of
a
dust
wiped
8
sample
in
favor
of
a
protocol
for
a
white
glove
9
test.
This
test
is
going
to
be
a
critical
part
10
of
these
rules
and
we
are
very
concerned
about
11
the
use
of
this
test.

12
We
do
think
that
you
should
be
using
13
dust
clearance
testing.
Thank
you
very
much.

14
MS.
MORTIMER:
Thank
you.
The
next
15
speaker
is
Matthew
Chachene.

16
MR.
CHACHENE:
My
name
is
Matthew
17
Chachene.
I'm
appearing
here
today
on
behalf
18
of
the
Northern
Manhattan
Improvement
19
Corporation
and
the
New
York
Public
Interest
20
Group
and
the
New
York
City
Coalition
to
end
21
lead
poisoning.
I
have
a
copy
of
my
remarks
22
here.

23
MR.
HENSHALL:
Just
give
them
to
24
Amy.

25
MR.
CHACHENE:
The
following
COMPUTER
REPORTING
INC.
(
212)
986­
1344
27
1
Re:
Lead­
Based
Paint
2
comments
are
being
submitted
by
the
Northern
3
Community
Improvement
Corporation
as
well
as
the
4
Coalition
to
End
Lead
Poisoning
and
the
New
York
5
Public
Interest
Research
Group.

6
First,
we
want
to
join
and
adopt
the
7
comments
that
were
previously
submitted
to
the
8
EPA
by
the
National
Center
for
Healthy
Housing
9
on
March
26
and
March
24th,
which
adds
to
the
10
necessity
of
retaining
clearing
dust
testing
and
11
the
band
on
unsafe
work
practices,
as
well
as
12
establishing
that
the
dangerous
work
practices
13
concerning
unlead
paint
old
dwellings
where
14
young
children
reside
or
spend
significant
time
15
resulting
in
needless
exposure
to
potential
16
neurotoxins.

17
Unfortunately,
it
is
over
a
decade
18
late
in
promulgating
regulations
to
reduce
the
19
risk
of
exposure
to
lead
in
connection
with
20
renovation
and
remodeling
activities.
This
21
failure
has
left
millions
of
vulnerable
children
22
completely
unprotected.

23
Here
in
New
York
State,
a
state
24
health
department
study
showed
that
in
just
one
25
year
outside
of
New
York
City
some
320
children
COMPUTER
REPORTING
INC.
(
212)
986­
1344
28
1
Re:
Lead­
Based
Paint
2
were
identified
with
lead
levels
of
20
3
micrograms
or
over
as
a
result
of
renovation
or
4
remodeling
activities
in
their
homes.
The
same
5
report
noted
that
New
York
State
has
both
the
6
total
greatest
number
and
the
highest
percentage
7
of
pre1950
housing
than
any
other
state.

8
Thus
it
is
regrettable,
these
regrettably
long
9
overdue
regulations
required
by
Title
X
to
10
protect
families
where
lead
paint
is
being
11
disturbed
are
urgently
needed,
particularly
in
12
New
York
given
its
great
number
and
high
13
percentage
of
older
housing
stock.

14
Moreover,
an
enormous
gap
has
existed
between
15
the
regulation
of
work
practices
where
the
16
stated
intent
was
to
abate
or
control
lead
17
hazards
and
those
that
obtained
when
the
intent
18
was
merely"
repair"
or
"
renovation"

19
or"
remodeling."

20
From
the
perspective
of
the
at­
risk
21
child,
of
course,
this
dichotomy
makes
22
absolutely
no
sense
whatsoever.
Lead
from
unsafe
23
work
practices
is
an
unequal
opportunity
24
neurotoxin
and
makes
no
distinction
between
25
children
who
are
living
in
dwellings
that
are
COMPUTER
REPORTING
INC.
(
212)
986­
1344
29
1
Re:
Lead­
Based
Paint
2
undergoing
what's
been
denominated
abatement
3
versus
children
residing
in
a
dwelling
that's
4
been
denominated
repair
or
renovation.

5
Locally
here
in
New
York
City,
the
false
6
dichotomy
was
resolved
at
least
for
pre1960
7
multiple
dwellings
by
our
adoption
of
2004
Local
8
Law
One,
which
requires
the
use
of
at
minimum
9
personnel
who
will
receive
"
HUD
safe
work
10
practices
training,
the
use
of
specified
safe
11
work
practices
and
dust
clearance
testing
12
regardless
of
whether
the
work
is
considered
a
13
repair
or
renovation
repair,
remodeling
or
lead
14
remediation
unless
the
work
is
de
minimis."

15
In
addition,
New
York
City
also
adopted
in
1999
16
a
flat­
out
ban
on
dryscraping
or
drysanding
of
17
lead
based
paint
or
paint
of
unknown
lead
content
18
in
any
dwelling
in
2004
and
expanded
this
to
19
also
cover
day
cares
and
schools.

20
The
City
of
Rochester
has
also
21
recently
adopted
a
law
requiring
the
use
of
lead
22
safe
work
practices
and
workers
training
with
23
lead
based
paint
or
paint
of
unknown
lead
24
content
is
disturbed
in
pre'
78
dwellings.

25
Unfortunately,
young
children
residing
in
COMPUTER
REPORTING
INC.
(
212)
986­
1344
30
1
Re:
Lead­
Based
Paint
2
dwellings
in
the
rest
of
New
York
State
for
the
3
most
part
in
one
or
two
dwellings
in
New
York
4
City
lack
these
protections
unless
a
child
has
5
already
been
lead
poisoned
as
New
York
State
6
essentially
has
no
primary
prevention
program
7
whatsoever.

8
It
is
thus
critical
that
the
final
9
regulations
be
geared
to
not
only
effectively
10
protect
this
adverse
population
but
that
there
11
has
to
be
a
viable
and
effective
enforcement
12
scheme.

13
New
York
State
is
one
of
those
states
14
that
has
never
adopted
its
own
program
for
15
certified
workers
and
firms
for
risk
assessment,

16
inspection
and
abatement
activities
and,
thus,

17
at
present,
does
not
appear
to
have
the
18
governmental
and
regulatory
infrastructure
in
19
place
to
readily
take
on
the
repair
and
20
renovation
rules
either.
Thus,
the
EPA
may
21
find
itself
in
the
role
of
supervising
the
22
enforcement
of
this
rule
in
the
state
and
the
23
enforcement
hurdles
here
are
not
insignificant.

24
As
it
is,
there
does
not
appear
from
our
25
experience
to
have
been
widespread
compliance
in
COMPUTER
REPORTING
INC.
(
212)
986­
1344
31
1
Re:
Lead­
Based
Paint
2
New
York
with
other
aspects
of
Title
X,
such
as
3
prenotification,
prerenovation
notification
and
4
the
disclosure
regulations,
nor
the
appreciable
5
monitoring
and
enforcement
of
these
rules.

6
Moreover,
reports
indicate
that
both
with
the
7
disclosure
and
the
prerenovation
notification
8
rule,
the
EPA
enforcement
system
has
been
geared
9
toward
large
real
estate
management
and
10
remodeling
companies.

11
While
in
many
ways
this
is
a
sensible
12
use
of
limited
resources
to
seek
the
largest
13
return
on
investment
and
enforcement
action,

14
this
strategy
runs
the
danger
of
leading
smaller
15
entities
to
believe
they
are
too
small
to
bother
16
with
and,
therefore,
the
chance
of
prosecution
17
is
so
low
as
to
not
merit
their
attention
to
the
18
requirements.
However,
renovation
and
19
remodeling
work,
particularly
in
old
urban
and
20
low
income
housing
in
New
York
where
the
highest
21
risks
of
lead
exposure
are
often
found
is
22
frequently
conducted
by
extremely
small
23
companies
or
even
individuals
who
may
not
work
24
in
the
industry
full­
time.

25
These
small
entities
and
individuals
COMPUTER
REPORTING
INC.
(
212)
986­
1344
32
1
Re:
Lead­
Based
Paint
2
may
not
be
members
of
a
trade
association,
may
3
not
be
insured
or
may
not
be
licensed
by
local
4
authorities
making
them
difficult
to
identify
5
and
educate
about
the
requirements
of
the
rule.

6
The
proposed
rule
will
thus
require
great
care
7
in
order
to
ensure
that
all
these
covered
8
entities
are
aware
of
it
and
face
an
equal
9
opportunity
of
having
compliance
inspections
or
10
enforcement
action
taken
against
them.

11
We
are
concerned
that
the
EPA
does
not
have
12
adequate
plans
in
place
to
both
educate
and
13
ensure
compliance
amongst
the
small
and
14
independent
contractors
and
without
such
plans,

15
an
unintended
consequence
of
the
rule
may
be
16
driving
the
renovation
work,
particularly
in
low
17
income
neighborhoods,
towards
unqualified
and
18
untrained
smaller
contractors
who
may
be
19
successful,
who
may
successfully
operate
under
20
the
enforcement
radar.
It
is,
therefore,

21
critical
that
the
EPA
be
prepared
to
assess
22
compliance
and
take
enforcement
action
with
all
23
size
companies
or
individuals
impacted
by
these
24
rules.

25
In
order
to
make
prosecution
of
a
COMPUTER
REPORTING
INC.
(
212)
986­
1344
33
1
Re:
Lead­
Based
Paint
2
large
number
of
small
entities
more
practical,

3
the
EPA
should
carefully
examine
its
enforcement
4
system
and
promulgate
regulations
as
part
of
5
this
rule
allowing
for
the
increased
use
of
6
administrative
law
judges
to
adjudicate
less
7
serious
violations.

8
Currently,
when
conducting
1018
9
Enforcement
Actions,
the
EPA
has
generally
taken
10
a
holistic
look
at
regulated
entities
11
compliance,
auditing
their
records
for
multiple
12
properties
over
multiple
years.

13
We
would
suggest
that
the
enforcement
14
priorities
for
the
new
rules
should
allow
for
15
the
prosecution,
administratively
of
individual
16
and
single
time
violations
of
a
rule
in
a
rapid
17
manner,
more
akin
to
a
speeding
ticket
than
a
18
full
blown
investigation.

19
Although
the
EPA
should
clearly
use
20
the
full
breadth
of
its
enforcement
authority
21
against
repeat
offenders,
in
the
interest
of
22
bringing
a
large
number
of
cases
forward
and
23
demonstrating
that
the
EPA
is
actively
looking
24
for
violations
even
amongst
small
practitioners,

25
the
approach
of
just
prosecuting
single
apparent
COMPUTER
REPORTING
INC.
(
212)
986­
1344
34
1
Re:
Lead­
Based
Paint
2
violation
rather
than
conducting
a
full­
blown
3
investigation
to
determine
historical
compliance
4
is
warranted.

5
In
addition,
the
new
rule
is
based
6
upon
the
foundation
of
the
existing
7
prerenovation
notification
rule
which
8
established
requirements
for
providing
occupants
9
information
on
lead
prior
to
the
commencement
of
10
renovation
or
remodeling
activities.

11
If
notification
to
the
EPA
or
delegate
agencies
12
at
work
to
be
conducted
under
the
rule
is
not
13
going
to
be
required,
one
of
the
few
mechanisms
14
for
uncovering
renovator
misconduct
under
the
15
rule
will
be
occupant
complaint.
Educated
16
occupants
who
can
identify
and
report
violations
17
will
be
essential
to
the
enforcement
of
the
18
rule.

19
It
is
disconcerting,
however,
that
20
the
implementation
and
the
enforcement
of
the
21
existing
prerenovation
notification
rule
has
22
been
lackluster
at
best.

23
Anecdotal
evidence
would
suggest
that
24
renovator
awareness
let
alone
compliance
with
25
the
rule
is
nearly
nonconsistent
in
New
York
COMPUTER
REPORTING
INC.
(
212)
986­
1344
35
1
Re:
Lead­
Based
Paint
2
State.

3
If
the
EPA
is
going
to
successfully
4
enforce
the
requirement
of
the
rule,
it
needs
to
5
get
serious
about
prerenovation
notification.

6
Additional
publicity
and
education
and
7
enforcement
action
under
the
existing
rule
8
should
be
stepped
up
immediately,
even
prior
to
9
the
promulgation
of
the
new
requirements.

10
If
the
EPA
cannot
improve
the
adherence
to
even
11
the
modest
requirement
that
a
brochure
be
12
distributed
and
a
release
form
signed,
it
is
not
13
going
to
have
much
success
at
implementing
the
14
more
complicated
requirements
placed
upon
15
renovators
under
the
new
rule.

16
Additionally,
the
EPA
shall
provide
better
17
guidance
to
occupants,
particularly
tenants,

18
about
the
requirements
of
the
new
rule
and
how
19
to
report
contractors
who
violate
it.

20
In
the
docket
for
the
rule,
the
EPA
provided
a
21
draft
brochure
entitled
"
Protect
Your
Family
22
from
Lead
During
Renovation
Repair
and
23
Painting,"
which
is
to
replace
the
existing
24
brochure
required
to
be
distributed
under
the
25
prerenovation
rule.

COMPUTER
REPORTING
INC.
(
212)
986­
1344
36
1
Re:
Lead­
Based
Paint
2
Although
the
new
draft
is
a
3
significant
improvement
over
the
"
Protect
Your
4
Family"
brochure
currently
used,
we
believe
it's
5
length
will
discourage
many
from
reading
it
and
6
its
contents
is
overly
geared
to
homeowners
at
7
the
cost
of
providing
information
to
the
8
tenants.

9
Sections
on
how
to
get
a
home
tested
10
and
how
to
choose
a
contractor,
for
example,

11
provide
useful
information
for
an
owner
who's
12
interested
in
having
work
done
but
they
do
13
little
for
a
tenant
who
has
little
or
no
input
14
as
to
what
work
is
being
done
or
who
is
going
to
15
do
it.

16
The
EPA
shall
revise
the
brochure
and
17
clearly
and
concisely
state
what
a
contractor
18
should
and
should
not
do
while
conducting
the
19
renovation
or
remodeling.
This
is
especially
20
true
in
regard
to
the
cleaning
verification,
as
21
the
brochure
currently
implies
it
is
an
optional
22
procedure
they
may
undertake
rather
than
a
23
required
element
that
the
contractor
must
do.

24
A
checklist
is
for
the
occupant
right
upfront
25
listing
tasks
they
need
to
do
as
well
as
tasks
COMPUTER
REPORTING
INC.
(
212)
986­
1344
37
1
Re:
Lead­
Based
Paint
2
the
contractor
will
do
will
be
extremely
3
beneficial.

4
Although
there
may
be
variation
5
depending
on
the
renovation
activities
6
undertaken,
clearly
items
like
putting
down
7
plastic
and
cleaning
up
afterwards
are
going
to
8
be
universal.

9
Further,
the
brochure
clearly
needs
10
to
identify
the
steps
a
tenant
or
occupant
11
should
take
if
the
contractor
does
not
fulfill
12
the
requirements
placed
upon
them
by
the
rule.

13
The
brochure
shall
be
empowering
the
occupant
to
14
be
actively
involved
in
the
process
and
help
to
15
serve
as
a
monitor
to
ensure
the
lead
safe
work
16
practices
are
actually
being
utilized.

17
Empowered
occupants
are
not
only
in
the
position
18
to
seek
appropriate
and
required
protections
for
19
themselves
and
their
children,
they
are
also
in
20
the
position
to
make
valid
and
useful
complaints
21
to
the
EPA
or
delegate
state
agencies
where
22
contractors
are
not
following
the
requirements
23
of
the
rule.

24
Lastly,
we
believe
a
system
of
25
contractor
prenotification
is
crucial
to
COMPUTER
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986­
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1
Re:
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Paint
2
enforcement
capability.
Notifications
will
go
3
farther
in
ensuring
a
compliant
mind­
set
than
4
virtually
every
other
compliance
tool.

5
For
a
contractor
just
knowing
that
a
regulatory
6
body
has
been
informed
of
their
job
is
a
7
powerful
incentive
to
comply.

8
Obviously,
the
largest
obstacle
in
the
apparent
9
renovation
and
repair
notification
is
the
sheer
10
number
of
notifications,
but
models
for
handling
11
the
large
volume
of
notifications
in
a
useful
12
fashion
can
be
found
in
a
system
such
as
the
13
game
management
practices
of
several
states
14
which
use
a
telephone
notification
system.

15
One
possible
system
consists
of
a
toll­
free
16
phone
number
that
each
contractor
will
call
17
prior
to
the
beginning
of
a
project.
The
18
contractor
is
auto
prompted
to
enter
only
three
19
pieces
of
information.

20
One,
a
contractor's
ID
number,
two,
a
21
zip
code
of
the
project
site
and,
three,
length
22
of
the
project
in
days.
The
call
would
be
quick
23
and
simple,
and
from
that
database,
a
smaller
24
subset
of
these
jobs
could
be
selected
perhaps
25
based
on
the
zip
code
to
health
plan
enforcement
COMPUTER
REPORTING
INC.
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986­
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1
Re:
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2
visits
for
a
call
back
where
more
detailed
3
information
would
be
gathered
by
the
contractor.

4
For
example,
say
in
one
week
there
were
1200
R
5
and
R
notifications
that
were
called
into
a
6
system,
the
program
would
see
a
contractor's
ID
7
and
zip
code
for
all
1,200.
A
smaller
subset
8
of
the
initial
group
of
10
could
be
chosen
and
9
these
contractors
of
the
10
jobs
could
be
called
10
back
with
more
detailed
information,
such
as
the
11
address,
dates
of
work,
age
of
home
and
so
forth
12
could
be
gathered.
For
the
remaining
of
the
13
jobs,
no
action
necessarily
would
be
taken.

14
In
this
manner,
a
large
number
of
notifications
15
are
received
and
a
contractor
has
the
knowledge
16
of
the
notification
but
the
program
only
has
to
17
deal
with
a
small
subset.

18
Another
benefit
of
this
model
is
that
19
it
uses
a
lower
level
of
technology,
a
telephone
20
than
an
Internet
base
system
and
is,
therefore,

21
more
broadly
applicable.
Few
contractors
today
22
do
not
have
phones.
It
is
also
a
simple
system
23
that
can
be
readily
taught.

24
The
greatest
challenge
here
would
not
25
be
handling
the
notification
volume
but
COMPUTER
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INC.
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Paint
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initially
handling
setting
up
the
call
number
3
and
concomitant
database
and
issuing
contractor
4
ID
numbers
in
a
timely
manner
and
teaching
5
contractors
what
to
do.

6
After
a
period
of
establishment,
the
7
system
could
go
forward
simply.
Models
such
as
8
this
phone
system
and
many
others
exist
in
other
9
fields
that
put
to
use
handling
repairing
and
10
renovation
notifications,
such
as
credit
card
11
companies,
banks,
phone
companies.
They
all
12
track
vast
databases
of
information
much
more
13
complex
than
the
information
requested
here.

14
It
would
be
wrong
to
assume
to
dismiss
the
idea
15
of
notifications,
a
powerful,
passive,
free
16
compliance
incentive
for
fear
that
the
17
challenges
are
insurmountable.
The
challenges
18
are
great
but
using
a
very
simple,
general
19
database
collection
of
two
pieces
of
information
20
would
be
a
gateway
to
smaller
chosen
subsets
and
21
the
challenge
could
be
met.

22
Notification
time
could
be
three
to
five
days
23
prior
to
the
project
with
exceptions
for
24
emergencies.

25
Ultimately,
however,
the
success
of
COMPUTER
REPORTING
INC.
(
212)
986­
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1
Re:
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Based
Paint
2
the
EPA
enforcement
activity
around
this
rule
3
will
depend
on
the
success
of
it
getting
states
4
such
as
New
York
to
accept
delegated
authority
5
for
setting
up
viable
quality
programs.

6
The
nature
of
the
renovation
and
remodeling
7
industry
with
numerous
small
sized
players
makes
8
it
much
more
suitable
for
local
enforcement
9
action.

10
When
formulating
and
approving
11
delegate
agreements,
we
strongly
encourage
the
12
EPA
to
not
only
provide
states
with
the
13
resources
needed
to
adequately
enforce
the
rule
14
but
to
reward
states
that
can
demonstrate
a
15
system
of
integrating
compliance
assessment
into
16
existing
regulatory
programs.

17
Thank
you.

18
MS.
MORTIMER:
Any
other
comments?

19
Was
there
someone
up
there
who
wanted
to
speak?

20
MR.
HENSHALL:
Do
you
want
to
take
a
21
break?

22
MS.
MORTIMER:
We
will
take
a
23
ten­
minute
break,
see
if
anyone
else
comes
and
24
then
we
will
take
it
from
there.
Come
on
back
25
in
10
minutes
and
we
will
check
in.

COMPUTER
REPORTING
INC.
(
212)
986­
1344
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1
Re:
Lead­
Based
Paint
2
MR.
HENSHALL:
What
I
would
like
to
3
do
now
is
see
if
we
have
any
additional
4
commentators
at
this
time.
Anyone
in
the
room
5
who
would
like
to
provide
written
comments?
If
6
not,
what
I
propose
is
that
we
are
going
to
7
reconvene,
we
are
going
to
adjourn
now
and
8
reconvene
at
3:
00.
So
if
there
are
any
other
9
speakers
show
up
between
now
and
three,
we
will
10
have
them
speaking
at
3:
00.

11
Thank
you.

12
(
A
break
from
the
record
at
2:
23­
3:
13
p.
m.)

13
MR.
DROZDOV:
My
name
is
Mark
14
Drozdov.
I'm
an
environmental
consultant
15
technical
director
for
Creative
Environment
16
Solutions
Corporation
located
here
in
New
York
17
City
at
One
Penn
Plaza.
I
am
here
to
make
a
18
public
comment
regarding
the
proposed
402
CFR
19
745
regarding
renovation
work
and
lead
hazards
20
as
they
are
being
added.

21
I
understand
the
proposed
rule
would
22
cover
the
training
requirements
and
training
23
certification
requirements
in
as
far
as
having
24
to
remodel,
taking
the
eight
hour
course
and
25
having
the
training
provided
administer
the
COMPUTER
REPORTING
INC.
(
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986­
1344
43
1
Re:
Lead­
Based
Paint
2
training
certification,
in
that
regard,
I
fully
3
support
that
kind
of
initiative.
I
think
it's
4
well
warranted
for
the
remodelers
to
be
properly
5
trained
on
lead
hazards
and
lead
controls.

6
I
think
there
is
a
great
gap
in
the
industry
in
7
regards
to
that
and
I
think
an
eight
hour
course
8
is
just
right,
what
is
needed
to
have
the
9
remodelers
be
qualified
to
do
the
right
job.
I
10
think
that's
enough
said.

11
MR.
HENSHALL:
Thank
you
very
much.

12
We
really
appreciate
your
comment
and
thank
you
13
for
coming
down.
Thank
you
so
much
for
coming.

14
I
just
wanted
to
let
you
know
a
couple
of
15
things.
What
we
are
doing
today
is
we're
16
taking
oral
comment
on
regulations.
Everything
17
you
say
will
be
transcribed
by
the
court
18
reporter
and
then
put
into
the
docket
and
we
19
will
consider
those
along
with
any
written
20
comments
we
read
on
the
proposed
rules
and
21
consider
those
when
we
go
to
write
our
final
22
review
issue.

23
If
you
could
just
please
slowly
say
24
your
name
and
organization
as
you
begin
and
then
25
you're
also
free
to
submit
written
comment
to
COMPUTER
REPORTING
INC.
(
212)
986­
1344
44
1
Re:
Lead­
Based
Paint
2
the
agency,
if
you
choose
to,
in
addition
to
the
3
oral
comments
you
have
today,
and
you
have
up
to
4
April
10th
to
do
that
and
all
information
on
how
5
to
submit
the
written
comments
are
on
this
fact
6
sheet,
which
if
you
don't
have
one,
you
can
have
7
one
on
the
way
out
and
that's
it.
We
8
appreciate
your
coming.

9
MS.
ADITSKY:
My
name
is
Kate
10
Aditsky.
I
work
­­
currently,
I'm
employed
11
with
New
York
City
Transit
Environmental
12
Engineering
Division
and
I'm
in
the
chief's
area
13
and
being
a
public
entity,
we
are
on
the
14
forefront
of
doing
the
right
thing
with
the
15
environment
and
I'm
very
much
for
the
training
16
requirement
for
the
renovation
people
because
17
with
a
lot
of
lead
removal,
lead
paint
removal
18
in
the
residential
areas
of
the
structures
and
19
at
the
same
time
there
are
people
doing
20
renovation
and
absolutely
doing
that
is
what
21
lead
paint
is
about.
So
the
more
training
22
there
is
for
people
doing
natural
work
the
23
better
and
that's
basically
my
comment.

24
MR.
HENSHALL:
Thank
you
very
much
for
25
coming.
We
really
appreciate
it.

COMPUTER
REPORTING
INC.
(
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986­
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45
1
2
C
E
R
T
I
F
I
C
A
T
E
3
I,
MICHAEL
WILLIAMS,
a
Certified
4
Shorthand
Reporter
and
Notary
Public
of
the
5
State
of
New
York
do
hereby
certify
that
the
6
foregoing
is
a
true
and
accurate
transcript
of
7
the
within
proceedings,
to
the
best
of
my
8
ability.

9
____________________________

10
MICHAEL
WILLIAMS,
CSR.

11
License
No.
XIO1991
12
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14
15
16
17
18
19
20
21
22
23
24
25
COMPUTER
REPORTING
INC.
(
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986­
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