Updates on MA RRP Rule From The MA Department of Labor Standards
As EPA amends the RRP rule, renovators working in states that have taken over the rule from EPA need to know if and how these states incorporate the changes into their own rule. Yesterday I inquired with the State of Massachusetts to find out about a few recent amendments and changes.
One of the good things about the state of Massachusetts taking over the RRP rule is that communications with the Department of Labor Standards (DLS) is much easier and much quicker than trying to get answers from EPA. I also find their staff is much more informed and always helpful. The Q&A below was conducted completely via email (I sent the questions out of the blue) and I got a complete and what I would call an intuitive response in less than 4 hours! Credit to the DLS!
Here is the Q&A
Question: Can you tell me if MA allows the lead safe renovation supervisor to take paint chip samples same as EPA does?
DLS Answer: Massachusetts incorporates the federal protocol by reference in our regulation. LSR Supervisors are authorized to sample painted surfaces in accordance with their training. Of course, they must do adequate sampling for different painting histories of surfaces, document their findings, maintain records of testing and provide documentation to the property owner as required.
Question: Does MA require that the firm provide the renovation checklist to owners and tenants within 30 days of completion of final billing, whichever comes first (just like EPA)?
DLS Answer: Yes. DLS has the same documentation requirements as the federal rule.
Question: EPA requires towns and municipalities to become certified firms and have Certified Renovators before doing their own RRP work on town properties that are target housing and or Child Occupied Facilities. They can however hire out the work to a Certified Firm and therefore would not need to be a Certified Firm if the work is hired out to one. Does the Massachusetts law follow the same requirements?
DLS Answer: Yes. Massachusetts mirrors the requirement but offers the opportunity for the fee to be waived for property owners with trained employees working on their own properties.
You can find them listed on our LSRC list published on the DLS web pages.
Question: Also, does MA now recognize LeadCheck for Drywall and Plaster?
DLS Answer: Yes. But as usual, there is a caveat which is also applicable at the federal level. When the trained individual takes a sample – s/he must follow the prescribed protocols. In order to take advantage of the new approval; they must follow the new testing methods and adequately test surfaces. In some cases, many samples must be taken in order to effectively disclude the work under the rule.
Training Providers will likely being teaching the new methods, however, those who were previously trained will need to justify that they know how to sample in order to validate their findings. Of course, the safest path is to presume the presence of lead.
Question: Any other updates or clarifications I should know about?
DLS Answer: I know you are aware that DLS has been doing enforcement and civil penalties. We are still interested to have the regulated community provide us feedback to provide better regulations. I don’t have a specific date but we will certainly let you know when we are going back to public hearings to update our regulation.
Its spring and we are in the field doing compliance checks.