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EPA Settles Over Lead Dust Violations At Governor’s Mansion

By | March 6, 2014 - 5:29 pm

(Casey Kelly/KTOO)

(Casey Kelly/KTOO)

Throughout his administration, Gov. Sean Parnell has accused the Environmental Protection Agency of “overreaching” on Alaska affairs. Now, it looks like the EPA may have reached into Parnell’s own home. The Governor’s Mansion appears on a list of construction projects requiring EPA intervention for lead violations.

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Lead poisoning is nasty business. It can cause headaches and seizures, and result in miscarriages. If you’re a child, the symptoms are especially bad.

“Lethargy. Inability to pay of attention. At high enough levels, it can cause death,” says Wallace Reid.

Reid works out of the EPA’s Seattle office, and his team handles investigations into lead violations. Because a lot of modern cases of lead exposure are caused by home repairs, the EPA implemented a rule in 2010 requiring contractors to be certified in lead paint removal if they’re working on a house that was built before 1978.

Like the Alaska Governor’s Mansion.

The building is a century old, and the state hired Alaska Commercial Contractors to restore the whole exterior a couple of years ago. And that meant removing lead paint, which the company was not certified to do at the time.

“We first became aware of it – this problem in Alaska – because of an anonymous tip and complaint that this work was going on and that there were problems associated with it,” says Reid.

Reid says that as soon as the EPA learned of the violation, they sent two inspectors to check the area for lead paint. They found paint chips on the lawn and on the street.

“When we do this kind of work, all of the lead paint chips and dust has to be maintained within a contained area,” says Reid. “In this case, it was not. And the company was not certified, and the employees were not trained. So those were fundamental violations of our rules.”

Because of the violations, Alaska Commercial Contractors ended up settling with the EPA for $32,000. Their subcontractor, Van Pool Painting, was also dinged $10,000. While the settlements were finalized in September, the EPA only recently made the violations public.

Alaska Commercial Contractors declined to do a taped interview for this story, because there are still outstanding legal questions related to the construction project. But in a written statement, company president Doug Courtney emphasized that Alaska Commercial Contractors cooperated fully with the EPA, and that they became certified in lead paint removal shortly after the incident.

So, why did the state hire a company that was not certified in lead paint removal in the first place?

When asked about that, Administration Commissioner Curtis Thayer declined an interview because of ongoing challenges related to the contract. At $1.5 million, Alaska Commercial Contractors was the highest bidder for the project, and two rival contractors whose bids came in under $1 million appealed the award. The Office of Administrative Hearings rejected both of those protests, but Silver Bow Construction is appealing the decision to the Alaska Supreme Court.

Alaska Commercial Contractors has also requested that the State pay out $150,000 to cover their EPA penalties and legal fees, because they allege that Department of Administration misled them on the scope of the project. The Department of Administration found no merit to that request in January, but the decision is subject to appeal.

Gov. Sean Parnell also declined repeated requests for an interview. Instead, his office referred questions to Larry Hartig, the commissioner of Environmental Conservation.

Hartig says his department’s involvement in the renovation problem was limited. They mostly helped the EPA get access to the governor’s home to make sure the lead paint didn’t pose a health hazard.

“Obviously, there was concerns about the safety of the governor’s family,” says Hartig. “And so they were interested in what was going on – we all were – in making sure that if there is an issue here that would impact the governor and his family, we wanted to be on top of that.”

Hartig says there was no real risk to the Parnell family. He says even the governor’s yellow Labrador, the most frequent user of the mansion’s backyard, was kept safe from lead exposure.

“Annie’s doing fine the last time I saw Annie.”

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