Lead Renovation, Repair and Painting Program

Proposed in January of 2006 to “reduce exposure to lead hazards created by renovation, repair, and painting activities that disturb lead-based paint and support the Federal Government’s goal of eliminating childhood lead poisoning by 2010”, the current regulations took effect on April 22, 2010.

The rule requires that property owners, managers and contractors performing renovation, repair and painting activities that will disturb lead-based paint in pre-1978 housing or a child-occupied facility must be certified and follow the lead-safe work practices required by EPA’s Lead, Renovation, Repair and Painting Program. To become certified, there must be an “application for firm certification” and payment of a fee to the EPA. Applications are now being processed. An application must be approved or disapproved within 90 days after the EPA receives a complete application. There is the potential of $37,500-a-day fines for violations.
 

The EPA regulations require the following:

- Before starting work, the regulated parties, e.g. property owners, managers and contractors are required to hand out the new EPA lead paint brochure, “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and School.” (You should have been doing this since December 2008)


- Your company must be certified by the EPA.


- At least one person with your firm must take an EPA-approved eight-hour course in lead-safe renovation practices.


- You need to follow the EPA’s lead-safe work practices, including posting warning signs for occupants and proper cleaning and isolation of the work area. There are other requirements.


- You need to keep records for three years that show you followed the regulations, including proof of delivery of the “Renovate Right” pamphlet, documentation of work practices and proof of training and certification.
States are also allowed to take over administration of the program, as long as their requirements are at least as strict as the EPA’s. Several states are in the planning process.
 

To further clarify the impact of this rule on the Demolition Industry, the Safety Committee of the NDA provides the following guidance:


- This is not a new rule; it was part of the Toxic Substances Control Act (TSCA) final Renovation, Repair and Painting (RRP) rule which addresses training, certification and accreditation requirement for a renovator or a dust sampling technician that performs renovation, repair or painting activities that disturb lead-based paint in target housing and child-occupied facilities. The proposed final rule was published April 22, 2008.


- The rule does not apply to demolition contractors if they do not perform any renovation, repair or painting activities that disturb lead-based paint in target housing and child-occupied facilities.


- The rule does apply if you perform any of this work in a qualifying building or facility. If you are doing this type of work now, i.e. soft interior demolition, structural or partial demolition or will be in the future, in a qualifying building or facility, you must be certified by the EPA to do the work and you must train your workers.


- A certified contractor does not have to train his entire workforce, only the workers that will perform the “RRP Work” in the qualifying building or facility.


- The proposed final rule that was published two years ago on April 22, 2008 stated in part that: “Effective June 23, 2008, no training program may provide, offer, or claim to provide training or refresher training for EPA certification as a renovator or a dust sampling technician without accreditation from EPA under §745.225”.


- “Effective on or after April 22, 2010, no firm may perform, offer or claim to perform renovations without certification from EPA under §745.89 in target housing or child-occupied facilities.”


“Effective April 22, 2010 all renovations must be directed by renovators certified in accordance with §745.90(a) and performed by certified renovators or individuals trained in accordance with §745.90(b)(2) in target housing or child-occupied facilities”


“Effective April 22, 2010 all renovations must be performed in accordance with the work practice standards in §745.85 and the associated recordkeeping requirements in §745.86(b)(6) and (b)(7) in target housing or child-occupied facilities”.



Many provisions of the final RRP rule were derived from the existing lead-based paint activities regulations at 40 CFR part 745, subpart L that were promulgated in 1996, but all of the stated rules apply to specific work in specific type of housing.Note the last line in all three of the paragraphs state “in target housing or child- occupied facilities”.

Target housing “is defined in TSCA section 401 as any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any O-bedroom dwelling.

The final RRP rule defines a “child-occupied facility” as a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least 2 different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may be located in public or commercial buildings or in target housing.

This is a condensed version of the rule, intended for guidance only and not a legal opinion. If a NDA member is unsure or needs additional information, they can review the lead standards at www.epa.gov/lead or contact their state or the federal EPA for a clarification or seek legal advice from an attorney that specializes in EPA compliance or contact NDA Headquarters for more information.