Looking for accurate information about the EPA RRP rule? 5 Things Your RRP Trainer Probably Forgot To Tell You
One Person’s Opinion: This is a guest blog submitted by Janet M. Kerley to express her opinion. Janet M. Kerley, CHMM is the Lead Pb Trainer for the Santa Fe Community College Lead Training Program. In her spare time, she developed the smartphone app, RRP Comply, to assist contractors in stepping through the RRP requirements. If you would like to express your opinion or offer something of value for RRPedia visitors let me know.
5 Things Your RRP Trainer Probably Forgot To Tell You
The EPA (with HUD) developed the standardized Renovation, Repair and Painting Rule courses to train contractors on how to comply with the RRP Rule. As an experienced environmental professional, I believe the training materials leave out some critical information that contractors should know about how the EPA actually enforces its regulations. Here are some additional recommendations that I provide in my classes to assist contractors in preparing to meet the EPA:
- Keep RRP documents and records separate from your project notes and financial records.
- Keep RRP documents and records readily available.
- Document (take a photo, write a memo-to-file, get a signature, get copies of certificates, etc.) on all RRP requirements.
- Pay attention to and stick to the established deadlines within the RRP.
- Work closely with other contractors on the job to maintain consistency in all RRP recordkeeping.
- Establish a clear pattern of compliance within your company and your subcontractors.
While EPA inspectors might actually show up at your job site, the most probable scenario is they will show up at your office and ask to review your records for the previous three years. Let me explain why I make the above recommendations.
The EPA typically uses a variety of economic models (ABEL, BEN, INDIPAY, MUNIPAY, PROJECT) to calculate fines and penalties for violators. Handing the EPA inspector your costs and profit information in your project file just makes their job easier. If they find a violation, there is an established procedure for requesting company financial information during the enforcement process.
Since we are in the implementation phase of RRP, there are still many gray areas in the rule that will get resolved over the next three to five years. Until then, keeping your project notes separate from the required recordkeeping prevents an inexperienced regulator from jumping on a misplaced word in your documents.
The definition of ‘readily available’ varies widely. For example, OSHA allows up to 24 hours for businesses to produce some types of required records. When the EPA inspector walks in and asks for your RRP documents, you should be able to open a file drawer, pull out a box, or hand them a CD with all of your records within a 15 to 30 minute time frame. Otherwise, they pull out their ticket book and start writing violations.
EPA does not allow hearsay compliance. If it isn’t written down, it didn’t happen. You can stand there and tell them that you used containment on every job. But, a picture of your jobsites with you pointing to the warning sign outside your containment demonstrates compliance beyond any doubt. Pictures are worth a thousand words…and don’t forget to set your date and time stamp on your photo.
EPA loves to catch us on the dates. For example, contractors are required to provide the Lead Test Documents to the client within 30 days of completion of the project. We have a training slide that says that but the provided form does not have a location to document receipt of the test results. I recommend you insert a line that says ‘Received By’ with a place for your client’s signature and date in the Client Information box on the Lead Test Documentation form. Perform the test, hand it to your client to sign, and then make copies.
Arrange to meet with all other renovators, subcontractors, specialty craftsmen on the project to determine who is going to be the Assigned Renovator. Coordinate with all companies on a LBP project before, during and after to make sure everyone’s documentation is correct and complete. It only takes one bad apple for the EPA to dig into everybody’s apple crate.
By keeping timely, correct, and proper documentation on your projects that fall under the RRP Rule requirements, you can establish a pattern of compliance. If your recordkeeping is available, comprehensive to the rule’s requirements, and somewhat orderly, the EPA inspector will not be inclined to dig too deep to find minor non-conformances.
