EPA Releases Penalty Guidelines for RRP Enforcement

The EPA recently released a new government document, titled the Consolidated Enforcement Response and Penalty Policy (ERPP), laying out enforcement and penalty guidelines for the Renovation, Repair and Painting (RRP) rule.  The guidelines were announced in a memorandum from Rosemarie A. Kelly, Director of the U.S. EPA Waste and Chemical Enforcement Division, on Office of Enforcement and Compliance Assurance letterhead.  The memorandum was dated August 19, 2010.  The new policy was created because even though the RRP ruling was issued in April 2010, enforcement and penalty issues were not clearly defined and articulated in the ruling then.

In the memorandum, Rosemarie A. Kelly states:

"This Policy sets forth guidance for Agency officials to use in determining the appropriate enforcement response and penalty amounts for violations of Section 409 of TSCA resulting from failure or refusal to comply with provisions of the Pre-Renovation Education Rule (PRE Rule); Renovation, Repair and Painting Rule (RRP Rule); and Lead-Based Paint Activates, Certification and Training Rule (LBP Activities Rule). "

I suggest you check out the introduction section in the policy document.  Although the policy document is intended to provide guidelines for EPA Enforcement staff, the document introduction also states: 

"Enforcement staff should continue to make appropriate case-by-case enforcement judgments, guided by, but not restricted or limited to, the policies contained in this document”

View or download the the enforcement guidelines document (ERPP).

View or download the Final RRP Rule with Preamble

View or download the amendment regarding the Opt-Out and Record Keeping Provisions

View or download the June 18, 2010 memo delaying enforcement of certain certification requirements