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EPA DELAYS Enforcement of RRP Rule Certifications until October

Posted by Shawn McCadden on Mon, Jun 21, 2010 @ 08:37 AM
  
  
  
  
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On Friday June 18, 2010 the EPA announced a delay in the enforcement of the firm and worker certification requirements under the EPA RRP rule.

Firm logo

  

The agency acknowledged the need for additional time for renovation firms and workers to become trained and certified under the new Lead Renovation, Repair and Painting (RRP) Rule.

The rule took effect April 22, but in the June 18th memo from EPA Assistant Administrator Cynthia Giles, EPA announced it is delaying enforcement, acknowledging concerns raised by many trade association including NARI.

 

The announcement left a few open questions, both sent to me by Andy Ault of Little River Carpentery:

(1) How do you know how to perform the practices if you haven't been trained?

(2) What about the record keeping and reporting requirements?  Do you have to do those too even if you haven't been trained?

 

unfair

 

It is with mixed feelings that I post this announcement.  EPA's lack of an effective strategy to get an adequate number of firms and workers certified does make it difficult or even impossible in some areas for consumers to hire only certified firms and workers.  On the other hand, those renovators who did get certified on time under the rule are essentually losing what should have been an advantage to them and their businesses.  Remember when a rule used to be a rule and only those who didn't follow the rules got punished?  

 

Some Details about the announcement: 

Until Oct. 1, 2010, the EPA will not take enforcement action for violations of the RRP Rule's firm certification requirement.

For violations of the RRP Rule's renovation worker certification requirement, the EPA will not enforce against individual renovation workers if the person has applied to enroll in, or has enrolled in, by no later than Sept. 30, 2010, a certified renovator class to train contractors in practices necessary for compliance with the final rules. Renovators must complete the training by Dec. 31, 2010.

Contained area

 

In the announcement the EPA makes it clear that it will still be enforcing the required lead-safe work practices.


The official announcement by the EPA can be downloaded here.

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Comments

Thanks for the continuing updates Shawn. I've started to research this law some along with the "Coalition to end Child-hood lead poisening". The more I see, the less I like. According to what I have initially found, even with the amount of testing increasing, the number of childhood elevated lead levels has decreased quite dramatically. I would guess about 70% of the houses in the US are pre-78. 1 to 2% of the population is affected by higher lead levels. Lead poisening is just something that I don't see much of. Not to negate it, but according to Dick Morris's book "Fleeced" in 2007, 21 million toys (made in China) were recalled due to lead. As I said, I've only just started to research the information and I could find out otherwise. I think about the people whos houses were flooded in Tenn. and the the recent tornados that have occurred across the country. What it must be like to find out you can't get your home repaired because of a new law that didn't exist when you bought your home that nobody, including the local building departments know about. The fact that you can do your own work without the least concern for "lead-safe" work practices only makes me question the entire validity of this entire concept. This will affect housing values across the board. The ramifications of this are just immense. Sorry to repeat myself, but I'm just not buying into it. But Thank you so much for your continuing efforts to assist us in the process. Your site is one of the best resources we have to stay on level ground. 
 
 
 
Christian Peter
Posted @ Monday, June 21, 2010 7:42 PM by Christian Peter
Can you clarify what this "enforcement delay" actually means? If you are a certified contractor and have sold jobs with lead safe practices do we continue as planned or can we disreguard the new lead safe practices because we won't get caught? It seems like if you followed the rules and sold jobs you are put in an awkward position. Also, how should we bid jobs from now until October? It's really a moral dilemma more than anything. If the speed limit is 55 miles per hour but your never going to get pulled over and get a speeding ticket are you going to go 55?  
 
Posted @ Thursday, June 24, 2010 4:36 PM by Dan Martin
After reading more carefully I see it has nothing to do with the practices themselves so I retract my above statement
Posted @ Thursday, June 24, 2010 4:46 PM by Dan Martin
Dan, glad you were able to get your answer. You do however point out a very valid concern: "It's really a moral dilemma more than anything". The EPA is so unprepared and short staffed; odds are it is not likely you would get caught if you were violating the rule. So, you can play the odds or go with your high morals. Unfortunately, having morals might cost you business due to the added cost as compared to those whom operate illegally. To make this rule fair and level the playing field, contractors with morals need the added support of effective enforcement.
Posted @ Thursday, June 24, 2010 5:16 PM by Shawn McCadden
Although Senator Inhofe has succeeded in achieving a much needed delay of enforcement of the EPA lead paint rule, proposed is an even more onerous addition to the Renovator Rule. If enacted, the latest EPA revision will require laboratory dust clearance for even many small jobs, at a cost of hundreds of dollars per job. The testing could often cost more than the job itself. 
 
The proposal also makes it illegal to use most of the HEPA vacs recently purchased for this purpose 
 
A more complete analysis of the revision is posted at http://www.renovatorrules.com The EPA comment period ends July 6th. If you have concerns let the EPA, your US Senator and Congressmen know how you feel.
Posted @ Sunday, June 27, 2010 12:00 AM by RenovatingDeb
Although Senator Inhofe has succeeded in achieving a much needed delay of enforcement of the EPA lead paint rule, proposed is an even more onerous addition to the Renovator Rule. If enacted, the latest EPA revision will require laboratory dust clearance for even many small jobs, at a cost of hundreds of dollars per job. The testing could often cost more than the job itself. 
 
The proposal also makes it illegal to use most of the HEPA vacs recently purchased for this purpose 
 
A more complete analysis of the revision is posted at http://www.renovatorrules.com The EPA comment period ends July 6th. If you have concerns let the EPA, your US Senator and Congressmen know how you feel.
Posted @ Sunday, June 27, 2010 12:02 AM by RenovatingDeb
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