The Massachusetts Division of Occupational Safety will hold a Public Hearing on May 24, 2010 to take comments on new regulations related to their intent to seek authority in administering and enforcement of the EPA RRP program from the EPA. The hearing will be held on Monday May 24, 2010, from 10:00 a.m to 1:00 p.m. in the South Street Amphitheater of the UMass Medical School at 333 South Street, Shrewsbury, MA
In general, remodelers are not happy with the new EPA requirements and certainly have the right to express their opinions. The new MA regulations are very similar to the EPA Rule, but also include language related to already existing OSHA and DOS requirements that have become applicable to certain remodeling work as a result of the RRP requirements. If you plan to attend the hearing, I suggest you first read the EPA Rule and preamble, the accepted and proposed amendments, and the MA rule before assuming anything or commenting at the hearing.
Please make sure you are informed regarding any of the opinions you share or accusations you might make at the hearing. If you express concerns or ask questions that are already addressed in the rule and or amendments, you will certainly lose credibility. If this were to happen, you might also compromise the efforts of others, particularly industry trade groups like EM NARI and or BAGB, if you identify yourself as a member of one of these associations at the hearing. That said I hope you will join those of us who want to help our industry make the best of this new reality by being a passionate and at the same time a professional voice at the hearing.
The following information is from the DOS web site:
"The Division of Occupational Safety will hold a Public Hearing on May 24, 2010 on Proposed Amendments to 454 CMR 22.00 (Deleading) and 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers):
In accordance with M.G.L. c. 30A, § 2, the Massachusetts Division of Occupational Safety will hold a Public Hearing to receive comments on proposed amendments to its deleading regulation, 454 CMR 22.00, which include new provisions for renovation, repair and painting work conducted in target housing and child-occupied facilities, and to 801 CMR 4.02 with regard to licensing fees charged to Lead-Safe Renovation Contractors and providers of Lead-Safe Renovator-Supervisor training. The proposed regulations are authorized by M.G.L. c. 111, §§ 189A through 199B and M.G.L. c. 149, § 6 for 454 CMR 22.00; and M.G.L. c. 7, § 3B and M.G.L. c. 111, § 197B(e) for 801 CMR 4.02 454 (16) and (18). A hearing will be held on Monday May 24, 2010, from 10:00 a.m to 1:00 p.m. in the South Street Amphitheater of the UMass Medical School at 333 South Street, Shrewsbury, MA (for directions click HERE).
Copies of the proposed regulations may be downloaded by clicking on the respective link: 454 CMR 22.00 and 801 CMR 4.02 454 (16) and (18).
Comments on the proposed regulation may be sent to Laura Marlin, Commissioner, Massachusetts Division of Occupational Safety, 19 Staniford Street, 2nd Floor, Boston, MA 02114 until the close of business on Friday, May 28, 2010.
The Division of Occupational Safety filed emergency regulations on April 2, 2010, at 454 CMR 22.00, replacing its Deleading regulations with new regulations entitled Deleading and Lead-Safe Renovation. These regulations were published in the Massachusetts Register on April 16, 2010, and are effective April 2, 2010. However, 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. Entities newly covered by the new regulations should continue to obtain their licenses from EPA at this time."
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
EPA Region I contacts:
Rob Carr - 617-918-1607 James Bryson - 617-918-1524