Some Weighty Changes In Lead Paint Rule
EPA has now completed its revisions to the Lead Renovation, Repair, and Painting Program ("RRP") and has published the revised rule. The rule has three changes that should be noted by all renovators that work on pre-1978 homes and child-occupied buildings.
First, there are minor changes to certification, accreditation and state authorization requirements. I would note that since I last posted on the lead rules, Utah, Rhode Island, Kansas, Mississippi and North Carolina have joined Iowa and Wisconsin as accredited states to run the RRP Program.
Second, renovation firms are now required to provide a copy of the records demonstrating compliance with the training and work practice requirements of the RRP rule to the owner and if the owner of the building is not the occupant, then the occupant must also be provided with a copy of the records. This information must be supplied when the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier.
Finally, and of most significance, an important provision was deleted as part of a settlement of an action brought against EPA. Under prior versions of the rule, an owner-occupier could opt-out of the rule requirements if the renovator received a signed certification that there was no child under age 6 or pregnant women residing in the home and the home was not a child-occupied facility. Under those circumstances, the owner could avoid the added costs imposed by the terms of the RRP. In the final rule, this opt-out provision was eliminated. EPA estimated that eliminating the opt-out provision will double the number of renovators that need to be certified -- from 110,000 to 220,000 firms. For that reason, EPA considered delaying the effective date of the rule. After some interesting analysis by EPA relating to the number of firms that specialized their work based on the occupancy of the building, it concluded that no delay was necessary (EPA admitted that it did no analysis to make its determination) and the rule will become effective on July 6, 2010. I think it is safe to say that it will be a busy time for the RRP training facilities.
In two related notes, EPA has filed a notice of proposed rulemaking that would require renovators to do dust-wipe testing after most renovations and then provide the results to the owners and the occupants. Comments will be taken for 60 days. The rule will likely go final by July 2011. EPA is also considering a rulemaking to require lead-safe work practices for renovations on the exterior, and possibly interior, of public and commercial buildings.
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