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.
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?
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.
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.