Renovators Intending to Comply With EPA RRP Rule May Be Blind-Sided by OSHA Requirements

The following article, written by Dick Hughes of Excellence In Safety, was forwarded to me last week by a colleague.   Dick credits his sources at the end of the article.  I also verified the accuracy of the information through one of my contacts at the Massachusetts DOS. 

The article lists a variety of OSHA considerations that may likely blind-side well intentioned renovators as they attempt to comply with the new EPA RRP Rule.   The RRP Rule and OSHA requirements are in conflict with each other in many ways.  One EPA contact shared with me that EPA and OSHA did not collaborate on the rule while it was being written.   This one consideration alone should raise serious doubt and concern for business owners about business liabilities and potential fines. 

If an EPA enforcement employee and and OSHA Field inspector show up at one of your jobsites, at the same time, there is no way you will be able to satisfy both.  I suggest this is another example of shortsighted leadership within both organizations.  It also points out the lack of knowledge and awareness our political leaders in Congress have as it relates to understanding the construction industry and overseeing the creation of regulations that affect businesses of all sizes.

The Article:
Big Compliance Problems Ahead for Worker Safety

On April 22, 2010, the Environmental Protection Agency (EPA) implemented a rule that requires contractors that are hired to perform renovation, repair and painting (RRP) projects in homes, child care facilities, and schools built before 1978 that disturb lead-based paint to be certified and follow specific work practices to prevent lead contamination. This rule is expected to impact hundreds of thousands of employers and millions of employees.

EPA is already proposing an expansion of this rule into pre-1978 commercial facilities. That change will significantly expand the scope of employers and building owners covered by this new regulation. Failure to comply with this new regulation can result in fines as high as $65,000 per violation, including a potential prison term. The EPA will enforce violations of the new regulation starting on Oct. 1, 2010.

The new EPA rule includes the following requirements:

• The new EPA regulations require “firms” that disturb more than 6 square feet of paint per room (or more that 20 square feet on the exterior) in these pre-1978 buildings to become certified with the EPA and employ certified renovators who would train workers and oversee these projects.

• Firms include contractors who are hired to perform renovation, repair and painting work where paint is disturbed in the targeted housing.

• Building owners whose maintenance staff also disturb painted surfaces in targeted housing must also be certified and use certified renovators.

• Certified firms must send a supervisor or “renovator” to an 8-hour class where they become certified to oversee work covered by the RRP rule.

Here’s the rub: The 8-hour class only covers the EPA requirements and completely ignores OSHA worker protection rules. Therefore, safety professionals might find that “Certified Firms” are violating OSHA lead regulations because they were not taught about OSHA requirements for worker protection. This is going to be a huge issue for employers whose employees are exposed to lead hazards during work covered by the new EPA RRP rule.

EPA Rule Doesn’t Fulfill OSHA Requirements
Employers and building owners should be alert to the fact that OSHA rules differ significantly from the EPA RRP regulations. OSHA lead regulations apply to any work where employees come into contact with any level of lead or lead bearing coatings. They should also note the following worker protection and/or OSHA omissions in the new EPA lead-based paint rule:

• Lead-based paint. The EPA RRP rule defines lead-based paint as containing more than 0.5 percent lead by weight. Lead coatings below this threshold are exempt from any special EPA certification, training or work practices. However, OSHA regulates lead in any amount. Therefore, many employers will believe that lead-coated surfaces below the EPA standards of 0.5 percent by weight are not regulated when in fact they may still be regulated by OSHA.

• Regulated areas.OSHA mandates under 1926.62 that employers establish “regulated areas” when lead or lead-coated surfaces are disturbed. A regulated area requires specific OSHA signage. The EPA signs required by their new RRP rule do not meet OSHA requirements for a regulated area.

• Written compliance program. OSHA regulations require a detailed compliance program listing specific requirements for employers to document. The EPA RRP rule does not have any requirements or discussion of a written compliance plan.

• Mandatory respirator use. OSHA lead regulations require monitoring for employees exposed to lead dust or fumes during work. OSHA has established three work class tasks for which certain exposures above the permissible exposure limit (PEL) must be assumed when employers fail to perform exposure monitoring. All of the work practices covered by the EPA RRP rule require employee respiratory protection under OSHA. However, the EPA required training only discusses respirator use as optional. The EPA training does not discuss OSHA regulations for a written respirator program, medical clearance, respirator training and fit testing for employees who are required to wear respirators.

• Protective clothing. OSHA lead regulations require protective clothing when work tasks disturb lead coatings (without a negative exposure assessment). OSHA requires either disposable clothing or employer laundering. The EPA RRP rule lists disposable clothing as optional and trains workers to use HEPA vacuums to clean clothing before going home. OSHA also requires employers to notify other employees or employers who would launder the contaminated clothing. The EPA RRP rules do not provide any awareness for employees who launder their own contaminated work clothing.

• Annual training. OSHA regulations require annual training when airborne levels of lead dust or fumes exceed their action level. EPA’s new RRP rule only requires training every 5 years.

• Hygiene facilities. OSHA regulations require a separate area to change from work clothing to street clothing as well as providing for hand/face washing facilities. The EPA does not address change facilities and suggests that workers wash their hands and face prior to leaving the work place.

• Medical surveillance and biological monitoring. OSHA mandates biological monitoring for employees exposed above the action level for airborne lead dust and fumes. The EPA RRP rule briefly mentions that the only way to detect lead in your blood is with a blood test and does not inform the workers of the OSHA requirement for biological monitoring.

The new EPA RRP lead-based paint rule is an important regulation for reducing the unacceptable levels of elevated lead in children’s blood in certain areas of the country. However, this huge piece of legislation has done a disservice to the millions of workers who will be impacted by lead during common renovation, repair, and painting activities in residential and child occupied facilities by ignoring mandatory worker protection requirements mandated by OSHA. Contractors and building owners must take extra steps to ensure that their workers or employees of contractors disturbing lead bearing substances in their facilities are thoroughly trained and protected in all applicable regulations; specifically OSHA worker protection rules for lead.

Thanks to:

Jeffery C. Camplin, MS, CSP is president of Camplin Environmental Services Inc., a safety and environmental consulting firm based in Rosemont, Ill. He is a licensed lead risk assessor and accredited EPA lead-based paint instructor for abatement courses and the new RRP rule training.

Useful links related to this article:
• July 21 Virtual Audioconference: EPA’s New Lead Paint Regulations Will Get You in Trouble with OSHA http://www.workplacetrainingcenter.com/Prod-2067.aspx

• EPA information on the new RRP rule for lead-based paint can be found at http://www.epa.gov/lead/pubs/toolkits.htm

• HUD information on lead safe work practices for renovation work can be found at http://www.hud.gov/offices/lead/training/rrp/rrp.cfm

• OSHA information on worker protection for employees exposed to lead-bearing substances can be found at http://www.osha.gov/SLTC/lead/construction.html

About the author:
Dick Hughes
Excellence In Safety
24 Spring Bars Road Falmouth, MA 02540
Web: www.excel-in-safety.com
capesafetyguy@aol.com
1-508-548-0866
cell: 1-617-653-4950

This article was originally published at Work Place Magazine

EPA Cites Company $784,380 for Failing to Warn Residents of Lead-Based Paint Exposures

June 20, 2010

The U.S. Environmental Protection Agency recently filed a complaint and proposed a $784,380 penalty against Hanson’s Window and Construction Inc. of Madison Heights, Mich., for violations of the 1998 federal rule for failure to warn residents of potential lead-based paint exposures.

EPA alleges that in May 2005, Hanson, a window installation firm, failed to provide home owners and tenants of 271 residential properties in Lansing, East Lansing, Haslett, Charlotte, Onondaga, Williamston, Holt, Stockbridge, Mason, Leslie, and Warren with required information warning residents that their construction activities could expose residents to lead. The citation is based in part on information that two children living in renovated Michigan homes had tested positive for elevated blood lead levels.

The Pre-Renovation Lead Information Rule requires that renovators provide homeowners, tenants, and owners of child-occupied facilities with the “Renovate Right” pamphlet and obtain written confirmation that they have received it. The purpose of the rule is to protect families during renovations in housing built before 1978.

Lead exposure can cause reduced IQ, learning disabilities, developmental delays, reduced height, poor hearing, and other health problems in young children.

Lead-based paint dust created during renovations is the most common source of lead exposure to children in the United States. About 75 percent of the nation’s housing built before 1978 contains lead-based paint. When properly managed, lead-based paint poses little risk. If paint is not maintained, however, even low levels of lead exposure can threaten occupants’ health, especially children and pregnant women

This information was found at ohsonline.com

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. 

For additional RRPedia postings and updates, be sure to subscribe to this page to receive e-mail notifications of new postings as they happen.

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 6^th and/or the project has already been started, the RRP Rule work practices and documentation requirements must be followed starting July 6^th
• b. If, before midnight on July 5^th, 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 6^th.
• e. Beginning July 6^th, 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.

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

The EPA has issued a FAQ document to help clarify their intent regarding the June 18, 2010 memo that delayed enforcement of the Certification requirements.  The text of the clarification document is as follows:

Frequent Questions on EPA's June 18, 2010 Implementation Guidance for the Renovation, Repair and Painting Rule

Q. Does EPA's announcement of June 18, 2010, modify the Lead Renovation Repair and Painting Rule's requirements that contractors use lead-safe work practices when working in pre-1978 housing or child-occupied facilities?

No. This announcement does not change the requirement that all contractors take steps to protect children and families from the dangers of lead poisoning by becoming certified and following the work practice standards and the associated recordkeeping requirements. As of April 22, all contractors have been required to be certified and follow the work practice standards described on EPA's website. The effect of the June 18 memorandum only provides firms more time to apply for and obtain certification as a lead-based paint renovation firm before active enforcement of the firm certification requirements begins. EPA is also providing individual workers additional time to enroll in and take the required training course to become certified lead-based paint renovators before active enforcement of the individual renovator training requirements begins. EPA will use its enforcement authority to ensure compliance by enforcing work practice standards and their associated recordkeeping requirements against all renovators and firms. Therefore, renovators who have not been able to complete the training requirements are advised to review EPA's model training materials available at www.epa.gov/lead/pubs/training.htm. Additional information on lead-safe work practices can be found at www.epa.gov/lead or obtained from the National Lead Information Center at 1-800-424-LEAD (5323).

All renovation firms, even those not yet certified under the RRP rule, are also reminded of their continuing obligations to comply with Lead Renovation, Repair and Painting Rule's pre-renovation information distribution requirements, which require that before firms begin each renovation on pre-1978 housing or child-occupied facilities and to comply with the associated recordkeeping requirements. These requirements are explained in EPA's Small Entity Compliance Guide to Renovate Right.

Q. Does the June 18, 2010, announcement mean that EPA will not enforce certification and training requirements until after October 1, 2010, for firms and December 31, 2010, for renovators?

A. EPA is not stopping its enforcement against any renovation firms and individual renovators who do not comply with requirements of work practice standards and associated recordkeeping requirements. However, EPA is providing additional time for renovation firms and workers to obtain the necessary training and certifications before enforcement of the firm certification and individual renovator requirements begins.

Renovation Firms. Until October 1, 2010, EPA will not take enforcement action for violations of the RRP rule's firm certification requirement.
Individual Renovators. EPA will not enforce against individual renovation workers for failure to be trained if the person has applied to enroll in, or has enrolled in, by not later than September 30, 2010, a certified renovator class to train contractors in practices necessary for compliance with the final rules. Individual renovators must complete the training by December 31, 2010. Renovators who have not been able to complete the training requirements are advised to review EPA's model training materials available at www.epa.gov/lead/pubs/training.htm. Additional information on lead-safe work practices can be found at www.epa.gov/lead or obtained from the National Lead Information Center at 1-800-424-LEAD (5323).

Q. Thousands of renovators are already trained and their firms are EPA certified. Will EPA enforce against renovators who did not receive their training certification before December 31, 2010?

A. It is most important that all contractors follow the RRP work practice standards. However, EPA is providing additional time for renovation firms and workers to obtain the necessary training and certifications before the enforcement of the firm certification and individual renovator requirements begins. Therefore, renovators who have not been able to complete the training requirements are advised to review EPA's model training materials available at www.epa.gov/lead/pubs/training.htm. Additional information on lead-safe work practices can be found at www.epa.gov/lead or obtained from the National Lead Information Center at 1-800-424-LEAD (5323).

Q. Doesn't the June 18 memorandum extend an unfair advantage to members of the regulated community who have delayed compliance with the certification and training requirements and punish those who have complied with the rule?

A. EPA does not believe that allowing more time for firms to become certified and renovators to become trained extends an unfair advantage. To the contrary, firms that are already certified can benefit by continuing to advertise that they are certified and may continue to use EPA's program logo during this interim period. The Agency also recognizes the challenges some are facing in obtaining training in a timely fashion and is providing additional time to individual renovators to enroll in and take the required training courses before the Agency actively enforces the individual renovator requirements. EPA is committed to encouraging additional training opportunities in every state to meet this demand for classes.

Q. How does the June 18 announcement impact renovators in states that have adopted their own RRP programs?

A. As of June 21, 2010, eight states -- Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, and Oregon - administer and enforce their own RRP programs.

Renovators working in these states must comply with all applicable state laws, notwithstanding this guidance.

Q. What happens if an individual applied or was accepted for training before October 1, 2010, but the course is cancelled or delayed by the training provider during that 90-day period (October 1 - December 31, 2010)? What recourse does the individual renovation worker have after 12/31/10?

A. The renovator must complete training by December 31, 2010. EPA encourages renovators and firms to take advantage of this opportunity and not delay in becoming trained and certified.

Q. How soon should renovation firms send their applications to EPA?

A. Firms should send their applications to EPA as soon as possible. All firms that are not certified by October 1, 2010, will be subject to penalties for failing to comply with the renovation firm requirements of the RRP rule. EPA has been working to expedite processing of applications but, under the regulations, may take up to 90 days.

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

On Friday June 18, 2010 the EPA announced a delay in the enforcement of the firm and worker certification requirements under the EPA RRP rule.

The agency acknowledged the need for additional time for renovation firms and workers to become trained and certified under the new Lead Renovation, Repair and Painting (RRP) Rule.

The rule took effect April 22, but in the June 18th memo from EPA Assistant Administrator Cynthia Giles, EPA announced it is delaying enforcement, acknowledging concerns raised by many trade association including NARI.

The announcement left a few open questions, both sent to me by Andy Ault of Little River Carpentery:

(1) How do you know how to perform the practices if you haven't been trained?

(2) What about the record keeping and reporting requirements?  Do you have to do those too even if you haven't been trained?

It is with mixed feelings that I post this announcement.  EPA's lack of an effective strategy to get an adequate number of firms and workers certified does make it difficult or even impossible in some areas for consumers to hire only certified firms and workers.  On the other hand, those renovators who did get certified on time under the rule are essentually losing what should have been an advantage to them and their businesses.  Remember when a rule used to be a rule and only those who didn't follow the rules got punished?  

Some Details about the announcement: 

Until Oct. 1, 2010, the EPA will not take enforcement action for violations of the RRP Rule's firm certification requirement.

For violations of the RRP Rule's renovation worker certification requirement, the EPA will not enforce against individual renovation workers if the person has applied to enroll in, or has enrolled in, by no later than Sept. 30, 2010, a certified renovator class to train contractors in practices necessary for compliance with the final rules. Renovators must complete the training by Dec. 31, 2010.

In the announcement the EPA makes it clear that it will still be enforcing the required lead-safe work practices.

The official announcement by the EPA can be downloaded here.

Senate moves to put off EPA RRP lead-paint violation fines

by JIM MYERS World Washington Bureau

Thursday, May 27, 2010

Link to Article

WASHINGTON - The U.S. Senate passed legislation Thursday to block fines temporarily under a rule that requires certification to remove lead paint in homes and certain facilities built prior to 1978.

Sponsored by Sen. Susan Collins, R-Maine, the proposal was attached to a supplemental funding bill by a vote of 60-37.

Senators later passed that spending bill and sent it to the House for further action.

In pushing her amendment, Collins accused the U.S. Environmental Protection Agency of botching implementation of the lead-paint rule, which took effect in April.

"I support the EPA lead-paint abatement rule. There simply is no question that we must continue our efforts to rid lead-based paint from our homes,'' she said.

"The problem is there still aren't enough EPA-certified trainers in place to certify contractors. As a result, contractors face devastating fines.''

Fines under the rule could be as high as $37,500 per day.

Collins' legislation would bar the EPA from using funds in the spending bill to levy fines.

"The intent of my amendment is to give small contractors and construction professionals more time to comply with the new rule,'' she said.

For months, Sen. Jim Inhofe, R-Okla., has helped lead efforts on the EPA's implementation of the rule, which has sparked both concern and controversy in Oklahoma.

"Today's vote shows there is overwhelming bipartisan concern about the disastrous implementation of EPA's lead-based paint rule,'' Inhofe said.

Citing what he called widespread confusion with the rule's implementation, he also called for the Senate Environment and Public Works Committee to hold a hearing on the matter.

Inhofe serves as the top Republican on that panel.

Sen. Barbara Boxer, D-Calif., the chairwoman of the committee, argued against the Collins amendment. She spoke of the dangers of lead poisoning, especially to children, infants and pregnant women, and urged her fellow senators to reject Collins' effort to block enforcement of the rule.

"Let's not turn back the clock,'' she said. "Lead is poison.''

Boxer rejected arguments by Collins and others that the number of certified trainers was inadequate to provide the necessary classes for renovators and others. She said traveling trainers have been available to come in from out of state to offer the necessary training.

###

The Massachusetts Division of Occupational Safety will hold a Public Hearing on May 24, 2010 to take comments on new regulations related to their intent to seek authority in administering and enforcement of the EPA RRP program from the EPA.  The hearing will be held on Monday May 24, 2010, from 10:00 a.m to 1:00 p.m. in the South Street Amphitheater of the UMass Medical School at 333 South Street, Shrewsbury, MA

In general, remodelers are not happy with the new EPA requirements and certainly have the right to express their opinions.  The new MA regulations are very similar to the EPA Rule, but also include language related to already existing OSHA and DOS requirements that have become applicable to certain remodeling work as a result of the RRP requirements.  If you plan to attend the hearing, I suggest you first read the EPA Rule and preamble, the accepted and proposed amendments, and the MA rule before assuming anything or commenting at the hearing. 

Please make sure you are informed regarding any of the opinions you share or accusations you might make at the hearing.  If you express concerns or ask questions that are already addressed in the rule and or amendments, you will certainly lose credibility.  If this were to happen, you might also compromise the efforts of others, particularly industry trade groups like EM NARI and or BAGB, if you identify yourself as a member of one of these associations at the hearing. That said I hope you will join those of us who want to help our industry make the best of this new reality by being a passionate and at the same time a professional voice at the hearing.

The following information is from the DOS web site:

"The Division of Occupational Safety will hold a Public Hearing on May 24, 2010 on Proposed Amendments to 454 CMR 22.00 (Deleading) and 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers): 

In accordance with M.G.L. c. 30A, § 2, the Massachusetts Division of Occupational Safety will hold a Public Hearing to receive comments on proposed amendments to its deleading regulation, 454 CMR 22.00, which include new provisions for renovation, repair and painting work conducted in target housing and child-occupied facilities, and to 801 CMR 4.02 with regard to licensing fees charged to Lead-Safe Renovation Contractors and providers of Lead-Safe Renovator-Supervisor training.  The proposed regulations are authorized by M.G.L. c. 111, §§ 189A through 199B and M.G.L. c. 149, § 6 for 454 CMR 22.00; and M.G.L. c. 7, § 3B and M.G.L. c. 111, § 197B(e) for 801 CMR 4.02 454 (16) and (18).  A hearing will be held on Monday May 24, 2010, from 10:00 a.m to 1:00 p.m. in the South Street Amphitheater of the UMass Medical School at 333 South Street, Shrewsbury, MA (for directions click HERE). 

Copies of the proposed regulations may be downloaded by clicking on the respective link: 454 CMR 22.00 and 801 CMR 4.02 454 (16) and (18).

Comments on the proposed regulation may be sent to Laura Marlin, Commissioner, Massachusetts Division of Occupational Safety, 19 Staniford Street, 2nd Floor, Boston, MA  02114 until the close of business on Friday, May 28, 2010.     

The Division of Occupational Safety filed emergency regulations on April 2, 2010, at 454 CMR 22.00, replacing its Deleading regulations with new regulations entitled Deleading and Lead-Safe Renovation.  These regulations were published in the Massachusetts Register on April 16, 2010, and are effective April 2, 2010.  However, at the present time, the Division of Occupational Safety will not enforce the new regulations, unless and until it receives delegated authority from the Environmental Protection Agency to administer and enforce EPA's Renovation, Repair and Painting Rule.  Entities newly covered by the new regulations should continue to obtain their licenses from EPA at this time."

Further information on the RRP Rule, 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

EPA Region I contacts:
Rob Carr - 617-918-1607        James Bryson - 617-918-1524

Click here to go to the MA DOS web site        

In a letter dated 4/20/2010, the EPA announced that it does not intend to take enforcement actions against firms who applied for the required firm certification before April 22, 2010 and are just waiting for their paperwork.  

The RRP Rule requires that firms be certified with the EPA before offering or performing work that falls under the rule.  This fact is clearly stated in the rule and further explained in the FAQ section of the EPA website.   The rule also says that the EPA has up to 90 days to process firm applications.  Apparently, even though many businesses will be required to follow the RRP rule in its entirety, the EPA can decide which part(s) of the rule they will follow, or not.  In the letter, the EPA justifies not following the requirements of the RRP Rule in regards to the firm certification requirement as follows:

"The certification requirement is important to making sure that firms are protecting children and other residents while renovations are ongoing, but EPA does not wish to disrupt ongoing renovations for those firms that submitted applications on time."

The letter indicates that EPA expects to review all firm applications filed by April 22^nd by June, although they did not specify by when in June.  

The letter also makes it clear that the EPA will be enforcing the work practices and training requirements.

Click here to see which companies in your area are on the EPA's certified firms list  

On another note, the EPA did announce that the opt-out provision would be phased out and that it is proposing to add third party dust wipe testing.  The change in the rule regarding the opt-out will become effective 60 days after publication in the Federal Register.  Click here for more on the opt-out and the proposed dust-wipe testing.

Under the EPA RRP rules Certified Renovators and Certified Firms are required to have certain documents with them at certain times and must also create and store certain records related to the projects they work on that fall under the EPA RRP Rule.   Documents related to projects that fall under the RRP Rule must be stored and, in the case of an audit,  be available to the EPA for inspection for a period of three years.

Depending on the work performed, who sold it and who did the work, some or all of the following may be required:

• Copy of the Certified Firm and Certified Renovator(s) certifications
• Non certified worker training documentation
• Proof of notification and or pre-education of owners, tenants, and or the parents of children attending child occupied facilities.
• Designation of Certified Renovator to the job
• Information on and results of the use of EPA-recognized test kits provided by a Certified Renovator who acted as a representative on the Certified Firm at the job site and who conducted testing for the presence of lead-based paint on surfaces to be affected by the renovation
• Lead based paint inspection reports provided by a Certified Lead Inspector or Certified Lead Risk Assessor, if applicable
• Any other signed and dated documents form the owner(s) and/or residents regarding conduct of the renovation and requirements in the EPA RRP Rule
• All reports required from the Certified Firm and Certified Renovator by the EPA RRP Rule

Samples of several of these documents can be found in the EPA Publication titled: Small Entity Compliance Guide to Renovate Right

Rhode Island administers their own RRP program.  Here is an addition documentation consideration related to renovation record keeping for those operating in RI:

"A log book with consecutively numbered pages is maintained at each job site which contains the names, license numbers, and dates/times in and out for all Lead-Safe Remodeler/ Renovators gaining access to a containment area."

"Ensure that unlicensed workers trained pursuant to §14.4(b)(2) and all other persons who enter a containment area print and sign their names in the access log book documenting the date and time entering and leaving the containment area."

Click here to view or download the RI Regulations as a PDF

Note:  As of July 9, 2010, Massachusetts has also taken over enforcement and administration of the RRP rule.  Massachusetts has a similar log book requirement to the one described above for Rhode Island

Click here to view or download the MA Regulations as a PDF

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

Question:

Will a renovator working for a firm that has submitted a certification application to EPA but has not received its certification be allowed to work on pre-1978 properties assuming compliance with all other requirement of the EPA RRP Rule?

According to the EPA web site:

"No.  Beginning April 22, 2010, no firm may perform, offer, or claim to perform renovations covered by the RRP Rule without certification from EPA"

NOTE:  If you are a Certified Renovator, acting as a subcontractor working for and being paid by a certified firm, you can work under the rule.   

NOTE: The fine for working without firm certification is $37,500 per violation per day.  Willful violation of the rule is subject to an additional fine of $37,000 and or prison time.