In a letter dated 4/20/2010, the EPA announced that it does not intend to take enforcement actions against firms who applied for the required firm certification before April 22, 2010 and are just waiting for their paperwork.  

The RRP Rule requires that firms be certified with the EPA before offering or performing work that falls under the rule.  This fact is clearly stated in the rule and further explained in the FAQ section of the EPA website.   The rule also says that the EPA has up to 90 days to process firm applications.  Apparently, even though many businesses will be required to follow the RRP rule in its entirety, the EPA can decide which part(s) of the rule they will follow, or not.  In the letter, the EPA justifies not following the requirements of the RRP Rule in regards to the firm certification requirement as follows:

"The certification requirement is important to making sure that firms are protecting children and other residents while renovations are ongoing, but EPA does not wish to disrupt ongoing renovations for those firms that submitted applications on time."

The letter indicates that EPA expects to review all firm applications filed by April 22^nd by June, although they did not specify by when in June.  

The letter also makes it clear that the EPA will be enforcing the work practices and training requirements.

Click here to see which companies in your area are on the EPA's certified firms list  

On another note, the EPA did announce that the opt-out provision would be phased out and that it is proposing to add third party dust wipe testing.  The change in the rule regarding the opt-out will become effective 60 days after publication in the Federal Register.  Click here for more on the opt-out and the proposed dust-wipe testing.

Contractors operating in the state of Rhode Island must follow that state's regulations related to the RRP Rule, not EPA's. 

The RI Rules and Regulations For Lead Poisoning Prevention were amended, filed with the Secretary of State and became effective on March 30th.

Click here to view and download the regs as a PDF

According to Rosemary Sheets, a Supervising Industrial Hygienist for the RI Department of Health, the main sections dealing with renovation training, licensure and work practices are Sections 14.0-Lead Hazard Control Standard, 18.0-Certification Requirements To Conduct Training Courses and 20.0-Licensing Requirements To Conduct Lead Hazard Control Work.

The RI Rule does differ in many ways from the EPA RRP Rule.  Contractors who have attended the EPA Certified Renovator classes should review the regulations for differences in the RI rule before working in RI to avoid potential violations and any related penalties and or fines.

Those who work in MA can check the MA RRP Update Tag in the blue box to the left for the latest regarding Massachuesetts' intention to administer the rule in that state.

Massachusetts renovation contractors and others who work on homes and child occupied facilities built prior to 1978 need to be aware that the MA Division of Occupational Safety filed emergency regulations on April 2, 2010, at 454 CMR 22.00  The new regulations replace the previous Deleading regulations with new regulations entitled Deleading and Lead-Safe Renovation. 

Click here to view and or download the emergency regulations as a PDF

Even though the new regulations were not published in the Massachusetts Register until April 16, 2010, they actually went into effect on April 2, 2010, the date they were filed.  This apparently is a delay that is typical to the process. 

What could be confusing for those affected by the law is that at the present time, the Division of Occupational Safety will not enforce the new regulations, unless and until it receives delegated authority from the Environmental Protection Agency to administer and enforce EPA's Renovation, Repair and Painting Rule.  So, businesses that are affected by the new regulations should actually ignore the MA regulations, at least for now.  Affected businesses should continue to obtain firm certification from the EPA, get workers trained under the EPA approved Certified Renovator training classes and follow the EPA RRP rule until further advised by the Massachusetts DOS.

Contractors trying to figure out and stay current on MA requirements will need to stay on top of what the state does and when they do it to avoid potential violations and any related fines.  This is because, even though the new EPA law that takes effect on April 22, 2010 was approved and announced in 2008, the state only recently began the process required by the EPA to take over administration of the rule.  Due to the time, research and related efforts required to write their own rule and get it approved by EPA, and the fact that they started the process so close to the EPA Rule's effective date, contractors will have to be aware of and work under three different sets of regulations during 2010.  First, depending on whom administers the program (DOS or EPA), there will be different rules.  Second, even when the MA emergency regulations are approved by EPA and become enforced by DOS in Massachusetts, those regulations will eventually be replaced by a new final rule.

On their web site, the DOS said that additional information will be available as the application process for delegated authority proceeds and that they will make that information available as soon as possible. In the interim, questions can be directed to DOS Environmental Engineers Patty Sutliff or Frank Kramarz by calling the DOS office at 617-969-7177 

Further information on the RRP Rule, application forms for contractors, applicable fees and lists of approved training providers may be obtained through the following link: 

http://www.epa.gov/lead/pubs/renovation.htm#contractors

MA contractors should be aware that the MA DOS is planning to enact emergency regulations to take authority of the RRP from EPA, but it hasn't happened yet.   

So far what MA has done is to announce their intent to take over the EPA RRP. The emergency rule was/is scheduled to be entered into the register either this past Friday April 16th, 2010. As soon as it is entered into the register I will get the link to it and share it.

The emergency regulations will only be temporary. MA will then have 90 days to create their final regulations and get approval of the final regs from EPA. Until it is law, everything is speculation. So, we all still have opportunity to help mold the final regulations.

I will be working closely with the MA DOS to review and comment and on, and contribute to the regulations during the next 90 days. I suggest this is actually an opportunity to create a rule that is much better and makes more practical sense than what we would deal with if left with the current EPA rule. One of my goals in getting involved will be to help level the playing field for professionals and include real consequences for illegal operators. I would also like to see responsibilities and consequences for home owners, but I suspect that might be a tough thing to accomplish in this state.

My DOS contacts have told me they will let me know of any new information as it becomes available.

Click here to see the most recent information on this posted on the MA Executive Office of Labor and Workforce Development (EOLWD) web site

How much will it cost contractors to comply with the Renovation, Repair, and Painting (EPA RRP) Rule?

First, there are up-front costs including firm certification (required to offer, sell and or be under contract to perform the work) and the cost of Certified Renovator training for those doing and or supervising the actual work.  Other up front costs can include tools and equipment needed to perform the work including a HEPA vacuum, cleaning equipment, personal protection equipment for workers, specialized tools and containment related equipment such as products like Zip Walls.

There will also be job related costs specific to the kind of work performed.  Examples could include additional labor, tape, plastic sheeting, cleaning solutions, sprayers, staples, disposable wipes, HEPA filters, trash bags, tack pads, etc. Click here to request a tools and supplies shopping list.   Contractors will need to consider new estimating categories/divisions as well as matching job costing categories to help verify and or improved estimated cost assumptions.  Time cards and labor tracking codes should also be considered.

Contractors should also be aware of related overhead costs.  These costs could include employee time to fill out and maintain required documentation, training of non-certified workers, delivery and documentation of pre-education materials, marketing and sales related expenses, time trying to get answers from the EPA, recertification costs, employee health testing, updating contracts, legal advice, insurance costs, continuing education, law suits, etc. 

Contractors should devise ways to separate out EPA RRP related  job costs and overhead expenses within their financial system in a way that gives them the ability to determine how RRP related compliance affects their costs of doing business.

Here is how the EPA answers this question:

"Information collected by EPA for the purposes of the rulemaking indicates that many contractors already follow some of the work practices required by the rule, such as using disposable plastic sheeting to cover floors and objects in the work area.  These estimates do not include the costs of those practices.

EPA estimates that the costs of containment, cleaning, and cleaning verification will range from $8 to $167 per job, with the exception of those exterior jobs where vertical containment would be required.  This includes:
·     Costs of equipment (for example, plastic sheeting, tape, HEPA vacuums and tool shrouds - the equipment varies by job).
·     Costs of labor (for example, the time required to perform cleaning and cleaning verification).

In addition to work practice costs, your costs will include training fees and certification fees.  The costs include:
·     Training costs to individual renovators working in pre-1978 housing or child-occupied facilities who must take a course from an accredited training provider (cost is set by the training provider; estimated to be about $200 for a 5-year certification).
·     Certification costs to firms to obtain certification from EPA ($300 fee to the U.S. Treasury for a 5-year certification.  (This fee is required by law to cover program administration)." 

The EPA RRP renovation checklist is a form used  to document certain activities and the fulfillment of certain requirements related to the project and jobsite. 

Renovators can use the checklist provided by the EPA or can create their own checklist.  An advantage of creating your own checklist could be that it would include additional items, specific to the work types you do, that your business would want to make sure were considered and or completed by employees while working on projects covered under the RRP Rule.  One example might be that abrasive tools were fitted with a shroud and connected to a functioning HEPA vac while in use at the job site.  Another might be how waste water was handled.

According to the EPA RRP Rule:

"This final rule also requires firms performing renovations to retain documentation of compliance with the work practices and other requirements of the rule. Specifically, the firm must document that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed the tasks required by this final rule, and that the certified renovator performed the post-renovation cleaning verification. This documentation must include a copy of the certified renovator's training certificate. Finally, the documentation must include a certification by the certified renovator that the work practices were followed with narration as applicable."

Here is what the renovation checklist offered by the EPA looks like:

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A copy of this form is available inside the EPA booklet titled: Small Entity Compliance Guide to Renovate Right

Rhode Island administers their own RRP program.  Here is an addition documentation consideration related to the renovation record keeping for those operating in RI:

"A log book with consecutively numbered pages is maintained at each job site which contains the names, license numbers, and dates/times in and out for all Lead-Safe Remodeler/ Renovators gaining access to a containment area."

Click here to view or download the RI Regulations as a PDF

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

Under the EPA RRP rules Certified Renovators and Certified Firms are required to have certain documents with them at certain times and must also create and store certain records related to the projects they work on that fall under the EPA RRP Rule.   Documents related to projects that fall under the RRP Rule must be stored and, in the case of an audit,  be available to the EPA for inspection for a period of three years.

Depending on the work performed, who sold it and who did the work, some or all of the following may be required:

• Copy of the Certified Firm and Certified Renovator(s) certifications
• Non certified worker training documentation
• Proof of notification and or pre-education of owners, tenants, and or the parents of children attending child occupied facilities.
• Designation of Certified Renovator to the job
• Information on and results of the use of EPA-recognized test kits provided by a Certified Renovator who acted as a representative on the Certified Firm at the job site and who conducted testing for the presence of lead-based paint on surfaces to be affected by the renovation
• Lead based paint inspection reports provided by a Certified Lead Inspector or Certified Lead Risk Assessor, if applicable
• Any other signed and dated documents form the owner(s) and/or residents regarding conduct of the renovation and requirements in the EPA RRP Rule
• All reports required from the Certified Firm and Certified Renovator by the EPA RRP Rule

Samples of several of these documents can be found in the EPA Publication titled: Small Entity Compliance Guide to Renovate Right

Rhode Island administers their own RRP program.  Here is an addition documentation consideration related to renovation record keeping for those operating in RI:

"A log book with consecutively numbered pages is maintained at each job site which contains the names, license numbers, and dates/times in and out for all Lead-Safe Remodeler/ Renovators gaining access to a containment area."

"Ensure that unlicensed workers trained pursuant to §14.4(b)(2) and all other persons who enter a containment area print and sign their names in the access log book documenting the date and time entering and leaving the containment area."

Click here to view or download the RI Regulations as a PDF

Note:  As of July 9, 2010, Massachusetts has also taken over enforcement and administration of the RRP rule.  Massachusetts has a similar log book requirement to the one described above for Rhode Island

Click here to view or download the MA Regulations as a PDF

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

The EPA has established a specific definition for a HEPA Vacuum under the EPA RRP Rule.  A Shop vac equipped with a HEPA filter will not satisfy the requirements of the RRP Rule.  Using the wrong vacuum for RRP work could subject you to a $37,500 fine per violation per day of use of the wrong vacuum. 

Here is the EPA definition of a HEPA vacuum taken from the rule itself:

"Final rule requirements. Vacuums used as part of the work practices being finalized in this final rule must be HEPA vacuums which are to be used and emptied in a manner that minimizes the reentry of lead into the workplace. The term "HEPA vacuum'' is defined as a vacuum which has been designed with a HEPA filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the filter with none of the air leaking past it."

The rule also further specifies the use of a beater bar when vacuuming carpets or rugs during final cleaning. 

"After the sheeting has been removed from the work area, the entire area must be cleaned, including the adjacent surfaces that are within 2 feet of the work area. The walls, starting from the ceiling and working down to the floor, must be vacuumed with a HEPA vacuum or wiped with a damp cloth. This final rule requires that all remaining surfaces and objects in the work area, including floors, furniture and fixtures, be thoroughly vacuumed with a HEPA-equipped vacuum. When cleaning carpets, the HEPA vacuum must be equipped with a beater bar to aid in dislodging and collecting deep dust and lead from carpets. Where feasible, floor surfaces underneath area rugs must also be thoroughly vacuumed with a HEPA vacuum."

Renovators should think about the kind of work they do and related cleanup requirements before purchasing a HEPA vac.  It might even be wise to have more than one depending on the purpose it would be used for.  For example, a small HEPA vac might be easy to carry and adequate for small and or quick cleanups.  But, dragging a small vac with wheels around a large work area might be cumbersome and dragging it around through dust and debris might contaminate the vac.  On the other hand, a back pack style HEPA vac would be great for vacuuming the walls and or floors of a large work area.

Click here for an article about HEPA Vacuums, things to consider before purchasing one and some helpful links to manufacturers offering HEPA vacuums.

EPA Waffles on Which Vacuums Can Be Used to Clean Up Lead: This JLC article by Ted Cushman discusses challenges manufacturers are having verifying compliance of their HEPA vacs with the EPA requirements.  In addition to the high price tag that comes with a HEPA vac, these same challenges are also making it difficult for renovators trying to choose which vac to purchase.

Questions (2):

(1) If a homeowner removes all the painted surfaces in a room and then hires a certified firm to remodel the room, does the renovator need to follow the RRP Rule?

(2) Does the RRP Rule apply where no paint at all is present, such as in a 100 year old unfinished basement?

According to the EPA web site:

"No.  The EPA RRP Rule applies to activities that result in the disturbance of painted surfaces.  Where there is no paint to disturb, the RRP Rule does not apply."

Note: If the home owner has removed all painted surfaces and or has already done all required demo, renovators should still be cautious.  Just because all of the painted surfaces have been removed does not ensure that there is no lead dust still present in a work area.  If the renovator spreads that dust while working, he or she could still be held liable for doing so.  If demolition has been done by others prior to the start of work, it might be wise to have the area tested before you begin your work.

NOTE: According to the EPA RRP rule, you cannot offer, sell or do work on pre-78 target housing for compensation unless you or your business is a certified firm.  Although the work practices may not be required at a property if you are not disturbing any paint, the firm doing the work must be an EPA Certified Firm.

Question:

Is an electronic version of the lead information pamphlet sent to the customer via e-mail an acceptable means of distributing the information?

According to the EPA web site:

"The distribution of the lead information pamphlet(required under the EPA RRP Rule) (40 CFR § 745.83) via e-mail is an acceptable means of distributing the pamphlet as long as the requirements of the Electronic Signatures in Global and National Commerce Act ("Act")  (15 U.S.C. § 7001 et seq.) are met.  The Act requires that the recipient of the pamphlet, among other things, consents electronically to email delivery and in a manner that demonstrates that the recipient can access the information in the form it will be provided.  In addition, the recipient must be allowed to withdraw this consent and be informed of the procedures for withdrawing consent. Further, the recipient must be provided with a statement of the hardware and software requirements for accessing and retaining the pamphlet."

Click here for a lay person's explanation of what is required from Wikipedia

Click here to view and or download a PDF of the Act

Click here to see how one contractor delivers it via a link on his web site.