By MATT CHANDLER
mchandler@bizjournals.com | 716-541-1654

What began as a set of new regulations by the EPA to implement safe practices for lead paint removal during home renovation projects has left some contractors with a bad taste in their mouths.

The regulations, which were scheduled to take effect April 22, require contractors to purchase new equipment and to specially train employees in the removal of lead paint from structures being renovated.

Immediately after the changes were announced, there were grumblings from lobbyists on behalf of small-business owners, contractors and renovators who claimed the regulations were going to be costly, difficult to implement and put an undue hardship on small businesses nationwide.

Last month, in response to the criticism, the EPA announced it would not enforce the new rules - violations can cost a company as much as $32,000 in fines - until October. Stacey Kika, EPA spokesperson for the enforcement portion of the regulations, said the extension was granted "to give these businesses more time to have their employees trained and to obtain the required equipment."

But locally, business owners who spent thousands of dollars to ensure that their companies were compliant in advance of the April 22 deadline are crying foul.

Among those who question the latest delay by the EPA is Rick Kazmierczak, president of Kaz Brothers Construction.

"I would agree that this is an important aspect (protecting against the dangers of lead paint), but what I don't agree with is that there is no real enforcement," he said. "It drives me nuts because it isn't easy doing business in the first place and then this lack of enforcement encourages people to do things wrong."

Kazmierczak said he is frustrated that he jumped through the hoops set forth by the EPA only to find the enforcement portion of the rules suddenly changed.

"We trained over 26 people and it cost us in the neighborhood of $10,000 to 15,000 for this year," he said. "We aren't passing any of these charges down to homeowners. We are absorbing it through our budget at this point and it impacts us in everything we do."

When asked about the concerns of businesses such as Kaz Brothers, Kika sent a prepared statement. It stated, in part, that the EPA was giving companies additional time to complete the training and obtain the materials, with firms having until Oct. 1 and renovators until Dec. 31 to be in compliance.

"(The) EPA is not stopping its enforcement against any renovation firms and individual renovators who do not comply with requirements of work practice standards and associated record keeping requirements," it stated.

The regulations have also had an impact on a local nonprofit organization. Brush Up Buffalo has been organizing volunteer crews to paint homes in economically challenged parts of the city for 15 years. The one-day grassroots effort is traditionally held in June, but Brush Up President Roseann Scibilia announced on the Web site that the annual event was being postponed by several months due, in part, to a need to better understand the new EPA regulations and ensure the organization was in compliance.

"We put it off primarily to get a read on the regulations and how they apply to us," Scibilia said. "Obviously we want to make sure we are compliant."

The group has not formally consulted with an attorney on the matter, she said, but her understanding of the regulations is that they are not intended to include nonprofits such as Brush Up. Calling lead paint safety "the right thing to do for families," Scibilia said her organization had "the luxury of time" to make a decision and has now rescheduled the annual Brush Up day for Sept. 18.

Other for-profit businesses didn't have that luxury. Bill Darling is president of Buffalo-based Darling Paint Co. Like Kaz Brothers, he spent thousands of dollars to bring his company into what he thought was mandatory compliance, only to learn about the EPA extension. For a small business like his, the $16,000 he estimates he spent could have been valuable working capital through the summer until the enforcement dates take effect.

"I don't think it's fair to have us spend all of this money and then put it on hold until Oct. 22," Darling said. "If they were going to take this thing active, they should have been able to police it right from the beginning."

While he said he appreciates the importance of testing for lead paint and working to safely remove it from homes during renovation projects, he questions the prohibitive costs associated with compliance. For example, he said, there's a requirement that every van in his fleet be outfitted with a special vacuum to handle dust removal.

"The vacuums cost you between $600 and $1,200, and if you've got eight vans it adds up. Then you have to get your employees certified at $200 to $300 a pop," Darling said. "You're imposing more fees to small businesses. It is an important thing to be safe, but they should be giving the lead classes out for free."