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EPA Drops Tough New Lead Paint Rule In Face Of Industry Opposition

Lead Paint

First Posted: 07/18/11 05:56 PM ET Updated: 09/17/11 06:12 AM ET

If you're not a regular reader of Professional Door Dealer magazine, you may have been unaware of the lobbying battle over a proposal to toughen lead paint rules in schools, day care facilities and homes. The Environmental Protection Agency dropped on Friday an effort to add more testing requirements to existing lead paint rules in the face of fierce opposition from construction groups and other businesses. The original rule requires strict regulations for businesses that repair old buildings to ensure low levels of lead, a substance that has been found to cause brain damage in children.

The proposal was strongly opposed by the home-building lobbying groups, which claimed that it would cost an extra $100 to $500 per project and hurt business. Recently, the Window and Door Dealers Alliance made the battle a top priority and "organized industry leaders to attend a White House meeting with top Office of Information and Regulatory Affairs officials in order to present the industry case against the regulation," National Glass Association vice president David Walker told Glass magazine.

In addition, the industry pressured members of Congress, including Denny Rehberg (R-Mont.) who offered last week an amendment to an appropriations bill that would make it more difficult for the EPA to enforce its Lead: Repair, Renovation and Painting rule.

In Switch, FAA Allows Aircraft Companies To Certify Safety Of Its Products

Today's must-read: The Seattle Times has an excellent look at how a new Federal Aviation Administration program gives aircraft companies the power to certify the safety of their own planes.

Until now, the FAA appointed inspectors at the companies or outside contractors to report directly to the agency. Now, those those in-house staffers who assess the safety of products will report to the companies themselves. The self-certifying program applies to nine companies, including Northwest Airlines, Gulfstream, and Jamco, a supplier to Boeing and Airbus -- and by next year, aerospace giants like Boeing will join the program. The FAA emphasized that only companies with a track record of competence can qualify.

But aviation safety experts, such as Jim Hall, a former chairman of the National Transportation Safety Board, criticized the new approach.

"The federal government, because of shrinking resources, is turning over key parts of transportation-safety oversight" to private industry, Hall told the Seattle Times. "History tells us this could be a very dangerous path," he said, citing the 1998 crash of Swissair Flight 111 off the coast of Nova Scotia as a possible consequence of self-regulation.

Greyhound Supports Bus Safety Bill

Bus safety legislation got a major boost with the support of a bipartisan group of senators and Greyhound, the nation's largest bus company.

The Motorcoach Enhanced Safety Act, which was proposed in the wake of several high-profile fatal bus accidents earlier this year, requires safety improvements in the manufacture and operation of buses, and gives regulators more tools to crack down on unsafe drivers. Over the course of a few days in March, 17 people were killed in two separate bus accidents.

"I applaud Greyhound for their commitment to passenger safety and I hope others will follow their lead on this critical issue. Congress must move forward on passing this bipartisan legislation before more lives are wasted in tragedies that are entirely preventable," Sen. Hutchison (R-Texas) said.

U.S. Attorney: Nursing Home Billed Medicare For 'Worthless' Care That Led To Deaths

A nursing home chain that complained two weeks ago about lower Medicare reimbursement rates under health care reform was accused today of billing Medicare and Medicaid for "worthless" care that lead to deaths and injuries.

In the first such suit ever filed in Kentucky, the U.S. Attorney's office in the eastern district of the state filed a complaint alleging that a nursing home owned by Carespring Health Care Management defrauded Medicare and Medicaid by submitting bills for systemically poor care of residents -- numerous patients suffered serious injuries and five patients died from 2004 to 2008, according to the complaint, reported the Lexington Herald-Leader. Officials at Villaspring Health Care and Rehabilitation have been cited several times for inadequate care in previous years.

On June 11, Carespring filed a comment with the Centers for Medicare and Medicaid Services, complaining about a proposed recalibration of the formula used by the agency to reimburse health facilities. "If the expectation is for us to continue to provide excellent care to the Medicare beneficiaries, ample reimbursement is a necessity in providing this care and to offset the rising costs of operations and staffing."

CFPB Picks Up The Pace Of Staffing

The pace is picking up at the Consumer Financial Protection Bureau. In addition to naming Richard Cordray as the new director in a much-anticipated decision, the new bureau has lured 172 staffers from other regulatory agencies, about half the number who were approached and offered transfers, according to a Treasury department inspector general's report released on Friday. The bureau is also hiring to fill several positions and has received several thousand applications. Areas that need people include the Supervision, Fair Lending and Enforcement division and the Consumer Education and Engagement division.

In addition to its Washington headquarters, the bureau plans to set up three regional offices in San Francisco, Chicago and New York. And the bureau's Consumer Response Center will begin taking website inquiries, phone calls and complaints starting on Thursday.

On a related front, iWatchNews.com has an excellent series of stories called "Debt Deception", profiling a variety of Americans who are suffering from borrowing nightmares, which the CFPB is intending to address. On Friday, Amy Biegelsen reported on Mildred Morris, a single mother in West Virginia who lost her Pontiac Sunfire after using it to secure a $700 loan to pay for her son's college dorm fee.

Goldman Floods Regulators To Influence Dodd-Frank

In other Dodd-Frank news, the Sunlight Foundation has a new feature that tracks every disclosed meeting financial regulators have with lobbyists, executives from Wall Street and the financial industry.

Goldman Sachs dominates the 2,000-plus meeting list with 83 meetings -- including one day, June 14, when the firm's reps went to four separate meetings with CFTC officials to discuss swaps-trading rules.

After Goldman comes JP Morgan Chase, with 73 meetings, Morgan Stanley, with 58 meetings, and Bank of America, with 55 meetings.

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If you're not a regular reader of Professional Door Dealer magazine, you may have been unaware of the lobbying battle over a proposal to toughen lead paint rules in schools, day care facilities and ho...
If you're not a regular reader of Professional Door Dealer magazine, you may have been unaware of the lobbying battle over a proposal to toughen lead paint rules in schools, day care facilities and ho...
 
 
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01:23 PM on 09/14/2011
That's ridiculous. What are children doing, peeling the paint off the walls and eating it? We need lead in paint to protect us from all the radiation that will be given off when Iran launches their nuclear weapons.
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11:11 PM on 09/07/2011
Welcome back to the 20th century folks, where 'doctors' encourage smoking, it's safe to sniff asbestos and unethical research (aka nightmare fuel) is totally normal.
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Djay0252
America needs to Bless God
09:32 PM on 08/31/2011
So what they are saying is that hurting business is worse than permanent brain damage to a child. Life has become SO cheap in the eyes of so many.
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rocksage7
sustainability rocks
10:34 PM on 08/30/2011
This is sick........we as Americans are afraid to do what is right.....
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02:55 PM on 08/20/2011
Capitalist commandment number 387: Even the deaths of the citizens shall not interfere with profit.
HUFFPOST SUPER USER
truthocentric
Keep the USPS public, hands off Ryans!
07:35 PM on 08/16/2011
Just let Rick Perry and the Koch Brothers ascend to the Oval Office. You can kiss the EPA goodbye. You won't have to worry about the lobbyists. They'll be the policymakers. Yee Haw!
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HUFFPOST SUPER USER
Foodgrade
Learn to grow banannas
12:12 AM on 08/16/2011
Gotta keep the Chinese happy. "Normalization" is all the rage. Lets drag the U.S. down to 3rd world standards as soon as possible. There's money to be made!
10:31 AM on 08/08/2011
You are kidding me??? The GOP has killed efforts to protect our children from brain damage from lead paint? They have no shame when it comes to whoring for lobbiest and corporations. Their efforts to bring back the good old days of the "Robber Barons" is almost complete. Tell me again why the middle class and poor tea baggers vote for the GOP... I guess it's like the poor dirt farmers who went to war for the 9% of southerners who owned slaves and who looked down on the 91% as trash until they were needed to fight the "Slave Owner Baron's" war for them..
09:17 PM on 08/05/2011
I don't think you guys understand. Most are not against responsible clean up for lead paint. The thing they are against is the fines...they are outrageous and scaring contractors to death. Would you work in an industry where if you made a mistake you'd be personally liable for $37,000 a DAY? Considering the details of these rules, and the fact they cannot get insurance to cover it in the event of a mistake, they are nervous and upset. IT's not reasonable.

Also, you may laugh at the increased costs but they can go up to 40% more per job. It's the public, people like you who are so judgemental, who are saying "no" to paying for the extra service and going with unlicensed guys who are cheaper. So the good guys are not only under threat of huge fines that can ruin their lives but they are losing because the public, like you guys, won't pay more and thus more lead paint contamination due to consumers avoiding increased costs.

Also, some feel the details are so exacting it would be almost impossible to completely comply.

I say yes to safe lead practices, NO to debiliting fines that scare good contractors to death and NO to unreasonable details. More imput from the industry is needed to make it sane and workable.
10:44 AM on 08/08/2011
You just gave us the reasons why it's suicide to let industry provide input on what is safe - they are in business to make profits not protect our children. I have absolutely no problem with big and small businesses maximizing profits, but I want someone not connected with the company protecting me and my family from corporate greed - cutting corners to make 5-10% more profit. I don't believe that's too much to ask of a "civilized society."
12:13 PM on 08/09/2011
I am NOT in the home building business, AT ALL.

I just know what is going on. I hire these guys and that is why I know.

Just because imput comes from industry does NOT mean it's wrong, inaccurate. With all types of legislation, government needs imput to write up the right legislation without bankrupting the industry.

Want to know another unintended consequence? Alot of painters KNOW that the consumer will balk at the increased costs and they are just getting out if it alltogether. Also, many painters are saying "no" to any building built before 1978. That means the consumer will have a harder time finding painters or not paint at all.

Even with that, the fines are over the top. Would you be in an industry with a threat of a personal fine like that? Many do not want to work this way. It's too nerve wracking and I don't blame them. Another result is less will get into this industry at all and I don't blame them.

As I said resonable standards and fines but not punitive over the top fines.
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PopsinAZ
Questioning partisan politics.
01:38 PM on 08/09/2011
YOU are making typical liberal/progressive assumptions which are TOTALLY IDEOLOGICAL, dukie. 1, The need for protection from corporate greed, 2. Unless regulated, those in the industry will "cut corners" to make MORE profit.
Many/most businesses are 'in business' to make a profit. WITHOUT government intervention, rules, regulations, controls, fines, etc., etc., many/most contractors will NOT cheat consumers/public.
There is a 'fine line' between protecting the public from unscrupulous people and over-regulating by various government agencies.
If you were a small business owner you would understand this.
HUFFPOST SUPER USER
LATEACHER1X
tell the truth!
03:56 AM on 08/04/2011
Why shouldn't they relax the standards? Now that medicare and social security are going out the window, the afflicted can just wallow in the streets. That is, until the LAPD or Fullerton PD decide to have some "fun". Capitalism is destroying the human race.
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HUFFPOST SUPER USER
oftenon
cartoons are the best explanation
11:54 AM on 07/31/2011
What desolate mentality considers "$100-500 per project" an onerous expense to prevent brain damage? It suggests the damage has already been done to them.
01:55 PM on 07/24/2011
Bring back asbestos, mercury and formaldehyde. Wait they never left.
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HUFFPOST SUPER USER
artist-53
Wordy opinionated poor spelling Liberal
12:57 PM on 07/23/2011
It cannot get any more blatant.

How the building industry can win against brain damage related to lead paint.

I see it as no different than those same building lobbyists , placing lead in the bottles of infants. Wouldn't they be arrested and be held accountable for abuse?

So why are building lobbying groups able to get away scott free?

I think we've already lost the battle a very long time ago, if lobbyists can scream, I will loose money, as oppose to a parent that states , My child has permanently lost her neurons .

Also consider the money spent already on lobbying .I'm sure it is well over the perceived or projected losses companies say they will loose

We are indeed a hopeless country when businesses are continually allowed to use "Loss of Money" as a means to get what they want. Despite all of the medical data that points to the seriousness of lead poisoning and its effects on the brains and nervous system of children.
ALiberalKidd
Before U Fan Know, Liberal ON Poor, Peace, Race
06:19 PM on 07/20/2011
"it would cost an extra $100 to $500 per project"
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This seems like a small amount considering the consequences of lead damage to humans. Where is the democratic change I voted for to over see this corporate control EPA?
HUFFPOST SUPER USER
kaymettee
02:10 PM on 07/20/2011
I know very little about the lobbyists but it seems to me that anytime they cozy up to the politicians it's never good for the citizens. Why do we have these people? Do they do anything for us? Do they contribute to society in a good way? If the answers to these questions are all no. then why allow them. From what I've heard over time they aren't lobbying for anyone but big business and themselves and the people get the shaft. Maybe lobbying shouldn't be allowed and politicians would appear in a more favorable light. Just asking and waiting for enlightment.

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