Friday, January 27, 2012

Balancing Protecting Consumers While Avoiding Strong Disincentives To Job Creation

Today I received an e-mailed letter from a friend detailing his concerns about how new EPA regulations will severly impact his business and many others like his.  They include potential penalties of up to $37,500 per day.  To say they will be a serious disincentive to job creation is a huge understatement. Ironically, his business focuses on finding green energy strategies in construction projects that will also economically benefit his clients.  

What he has to say is important enough that I asked for and received his permission to share it with you here:

 From: Jeff Bay []
Sent: Friday, January 27, 2012 11:11 AM
To: Jeff (MSD) Bay
Subject: Our Federal EPA hard at work - A new rule which effects us all....


Jeffrey Bay
Morning Star Development, Inc.
Construction Management and General Building Contractors
--- On Fri, 1/27/12, Jeffrey Bay <> wrote:

From: Jeffrey Bay <>
Subject: Our Federal EPA hard at work - A new rule which effects us all....
To: "Jeffrey Bay" <>,
Date: Friday, January 27, 2012, 9:40 AM
Dear Colleagues and Friends,

I received a letter last week from a contractor's "License Instruction School" offering to train contractors and building owners on the new Lead paint "RRP" requirements & laws.   This new law effects any building originally constructed before 1978, and those who do not comply are subject to a fine of up to $37,500 per day by the Federal EPA.  

Upon reading this, and after falling off my chair, I realized that our administration is truly standing true to their commitment to create massive new bureaucracies to manage and "protect" us, while causing massive cost increases for all work.   I then made some calls to the EPA, and after 4 transfers (nobody knew anything about this, of course), I was finally referred to a supervision who I left a message for, as she is out for the day.   In any event, I was able to locate the website which pertains to these new regulations, and which has numerous links to it's hundreds of pages of bureaucratic documents to back it up:

As you explore this you will quickly find out that, in addition to any private training which a contractor wishes to engage for his crew, that the initial certification fees will cost every contractor between $300 to $600 (I assume this is an annual fee).   Next, the documentation process will surely become at least a part time effort for an administrator within that contracting company, as one mistake can qualify us for this ridiculous fine,  that administration effort which most of us "contractors" cannot sustain in this building economy.    

I have left a message for the EPA in order to get the answer to one simple question, that answer which I will request in writing.   That question is this:   Does this requirement apply to abatement, demolition, and painting contractors ONLY, or must ANY G.C. or building Owner comply whenever work is performed on any building built prior to 1978?    The latter seems to be the implication, which is why I want to get clarification.  If the latter applies, then I am sure that many contractors (like myself) will NOT engage contracts on any building which was originally constructed prior to 1978.   However, that does not help those of us who will, nor does it help the owners of those buildings who need to have work done, as they will all be subject to fines and penalties if they do not engage a RRP certified contractor who meticulously follows all of their rules.   

I realize that this is yet one more example of how our government is "helping us" by dictating how we are to protect  the public and our environment, but this example of expansion of bureaucracy seems to be the agenda of this administration, as they have created many new government jobs in the process.   However, if you disagree with this and other similar new bureaucracies which have  been recently formed or enhanced over the past few years, then I STRONGLY suggest that you join me by remembering this when you go to the poles in November, so we can bring the "Change" which this country needs in order to survive.   

Thanks for your ear, and God bless America.


Jeffrey P. Bay
President / CEO
Green Bay Group, LLC.

1230 Madera Rd. suite #5-109
Simi Valley, CA 93065
805-584-3060 ext. #100
fax: 805-584-0984

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