There has been a lot of confusion regarding the recent announcements, delays, amendments and proposed amendments related to the EPA RRP Rule. Many of these are explained and clarified in several articles that can be found here on this RRPedia page under the tag heading of "EPA RRP Rule Updates" found in the blue box on the right side of this web page.
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This article is intended to remind you of a variety of new considerations that take effect on July 6th, 2010 due to the Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program [RIN 2070-AJ55].
Below are considerations you should be aware of and be prepared for. I have also provided some suggestions to help you. None of this information should be considered as all inclusive and or as legal advice. I recommend you qualify and seek additional legal advice about this information from qualified legal counsel. Contractors should also have any documentation they use to comply with the RRP Rule reviewed by legal counsel prior to use.
For clarification, the June 18, 2010 memo delaying enforcement of certain certification requirements does not have any effect on these new considerations:
1. As of July 6th, the home owner opt-out provision will no longer be available for use on RRP covered renovations.
- a. Even if the contract for the work was signed prior to July 6th and/or the project has already been started, the RRP Rule work practices and documentation requirements must be followed starting July 6th
- b. If, before midnight on July 5th, you can complete any work or demolition that disturbs painted surfaces on projects where you already had a signed opt-out from the homeowner, I suggest you do so to avoid the additional costs to comply and/or the risks associated with operating in violation of the RRP Rule.
- c. As I have stated in other articles here on RRPedia, a signed opt-out would still not relieve you from potential liability should the work you do and/or how you do it causes lead contamination and/or lead poisoning.
- d. As an extra level of protection for you, your business, your employees, your customer and/or the occupants of the space you are renovating; if you plan to use the strategy suggested in item "1b" above, I suggest you still do the post renovation cleaning and cleaning verification procedure as required under the RRP Rule before restarting work again on July 6th.
- e. Beginning July 6th, 2010, as long as the work you do does not disturb any painted surfaces, you can precede using traditional work practices.
- f. To avoid any confusion, I also recommend you remove the opt-out information from whatever pre-renovation form you use to document delivery of the Renovate Right pamphlet.
2. There are also new requirements regarding documentation. Beginning July 6th, 2010, when the final invoice for the renovation is delivered, or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information demonstrating compliance with the training and work practice requirements of the RRP rule to the owner of the building being renovated and, if different, to the occupants of the renovated housing or the operator of the child-occupied facility.
- a. For renovations in common areas of target housing, the renovation firm must provide the occupants of the affected housing units instructions on how to review or obtain this information from the renovation firm at no charge to the occupant. These instructions must be included in the notice provided to each affected unit or on signs posted in common areas. Similar requirements apply for renovations in child-occupied facilities.
- b. The renovation firm is also required to provide interested parents or guardians of children using the child-occupied facility instructions on how to review or obtain a copy of these records at no cost to the parents or guardians. This could be accomplished by mailing or hand delivering these instructions, or by including them on the signs posted.
- c. Renovation firms must provide training and work practice information to owners and occupants. The information should be provided in a short, easily read checklist or other form. EPA's "Sample Renovation Recordkeeping Checklist'' may be used for this purpose, but firms may develop their own forms or checklists so long as they include all of the required information.
d. The specific information that is required to be provided are training and work practice compliance information, as well as identifying information on the manufacturer and model of the test kits used, if any, a description of the components that were tested including their locations, and the test kit results.
- e. The checklist or form must include documentation 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 the RRP rule, and that the certified renovator performed the post-renovation cleaning verification.
- f. This documentation must include a certification by the certified renovator that the work practices were followed, with narration as applicable.
- g. EPA is not requiring that the renovation firm automatically provide a copy of the certified renovator's training certificate, which must be maintained in the firm's records as an attachment to the checklist or other form.