Friday June 25th, 2010, 4:47 PM
I just received this announcement from The Massachusetts Department of Occupational Safety. To avoid confusion, I want to clarify that contractors working on pre-1978 homes must still follow the current EPA RRP Rule until Massachusetts confirms its authority to administer and enforce the new MA RRP Regulations from the EPA.
Please read the announcement below from Barbara Shultze for details and dates.
Dear Interested Person:
On June 25, 2010, the Division of Occupational Safety filed with the Secretary of the Commonwealth, amendments to 454 CMR 22.00 (Deleading and Lead-Safe Renovation) and, in conjunction with the Executive Office for Administration and Finance, amendments to 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers). These amendments, which will be published in the Massachusetts Register and become effective on July 9, 2010, can be viewed on DOS' website at www.mass.gov/DOS, or by clicking here. These regulations were filed as emergency regulations on April 2, 2010. The edits made in red line indicate changes made after public comment to the emergency regulations.
These amendments, which establish safety standards for renovation, repair and painting work that disturbs lead paint in target housing and child-occupied facilities built before 1978, parallel similar federal EPA requirements that became effective on April 22, 2010 under the "Renovation, Repair and Painting Rule" (RRP Rule), 40 CFR 745.80 - 745.92. The amendments to 454 CMR 22.00 are designed to be as protective of human health and the environment as the federal standard. At this time, EPA has the exclusive authority to administer and enforce the RRP Rule. DOS will be filing an application shortly with EPA, seeking authorization to administer and enforce the lead safety standards for renovation, repair and painting work set forth in 454 CMR 22.00, in lieu of the federal standard being enforced by EPA in Massachusetts. DOS will request that this authorization be approved as close as possible to July 9, 2010, to coincide with the effective date of the amendments to 454 CMR 22.00.
Further information on the current federal administration of the RRP Rule, including 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. Further information on Massachusetts' administration of RRP requirements, including application forms for contractors, applicable fees and FAQs, is being developed and will be posted on this website as it becomes available. In the interim, questions can be directed to DOS Environmental Engineers Patty Sutliff, Rick Rabin or Frank Kramarz at (617) 969-7177.
Here are a few key considerations regarding the MA RRP rule that would effect those who are already EPA Certified Firms and or EPA Certified Renovators:
-Persons, firms, corporations or other entities who are in possession of current, valid certification as a Certified Firm issued by EPA pursuant to 40 CFR 745.89 prior to July 9, 2010 need not be licensed as Lead-Safe Renovation Contractors or Deleading Contractors, provided that: said person, firm, corporation or other entity is in possession of a duly executed Contractor Licensing Waiver as specified at 454 CMR 22.04(3); that the requirements of 454 CMR 22.11(3) and (4) are met; and the work is otherwise conducted in accordance with the applicable requirements of 454 CMR 22.00. (Click here to find and read the related sections in the regulations. Basically, obtaining a waiver requires filing a form with the DOS that verifies that the firm is certified with the EPA and requires that the firm will follow the requirements of the MA rule. It is my understanding that if the Firm was already certified with EPA before July 9, 2010 they would not be subject to MA Firm Certification fees until they needed to recertify under their original EPA Certification. Otherwise, MA Firm Certification fees will total $375.00
-Persons who have received lead-safe renovation training shall be considered to have fulfilled the applicable training requirements provided that said training was provided by a state or EPA-sponsored or approved training provider