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Your Interactive Resource for EPA RRP Information

RRPedia logoLooking for accurate information about the EPA RRP rule?

RRPedia has been created by Shawn McCadden to help remodelers and others affected by the New EPA Renovation Repair and Painting Rule. 

Please read RRPedia Use and Contribution Information before using or contributing to RRPedia.

 


You Can Browse For RRP Topics By Using The Tags List To The Right

EPA Provides Clarification on RRP Rule Certification Delay Memo

Posted by Shawn McCadden on Fri, Jul 02, 2010 @ 08:28 AM

Don't hesitate regulate

  

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?

Danger sign

 

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).

Renovate right cover

 

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?

ConfusedA. 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.

Topics: EPA RRP Rule Updates, Documentation Considerations, Work Practices, Enforcement and Inspections

EPA DELAYS Enforcement of RRP Rule Certifications until October

Posted by Shawn McCadden on Mon, Jun 21, 2010 @ 09:37 AM

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.

Firm logo

  

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?

 

unfair

 

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.

Contained area

 

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.

Topics: EPA RRP Rule Updates, Worker Training, Work Practices, Firm Certification, Enforcement and Inspections

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

Posted by Shawn McCadden on Fri, May 28, 2010 @ 10:45 AM

Senate ChamberSenate 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.

Sen. Susan CollinsSponsored 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.

Sen. Jim InhofeFor 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 BoxerSen. 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.

###

Topics: EPA RRP Rule Updates, Worker Training, Enforcement and Inspections

Number of EPA RRP Certified Firms as of May 19, 2010

Posted by Shawn McCadden on Wed, May 26, 2010 @ 05:24 PM

Certified Firm LogoHere is the latest listing of EPA RRP Certified Firms as of May 19th, 2010

Click here to locate specific names and addresses for Certified Firms by state, town or zip code

Keep in mind that The EPA has been processing about 1,000 Firm applications per day so these numbers will be higher.

                 

   State               |  Certified Firms   

 --------------------+--------------------

   ALABAMA         |  158               

 --------------------+--------------------

   ALASKA           |  58                

 --------------------+--------------------

   ARIZONA         |  291               

 --------------------+--------------------

   ARKANSAS       |  84                

 --------------------+--------------------

   CALIFORNIA     |  2,016             

 --------------------+--------------------

   COLORADO      |  512               

 --------------------+--------------------

   CONNECTICUT  |  599               

 --------------------+--------------------

   DELAWARE       |  77                

 --------------------+--------------------

   District of        |  30                 

   Columbia                          

 --------------------+--------------------

   FLORIDA          |  852               

 --------------------+--------------------

   GEORGIA         |  418               

 --------------------+--------------------

   HAWAII           |  46                

 --------------------+--------------------

   IDAHO             |  163               

 --------------------+--------------------

   ILLINOIS         |  1,829             

 --------------------+--------------------

   INDIANA          |  564               

 --------------------+--------------------

   IOWA              |  35                

 --------------------+--------------------

   KANSAS           |  115               

 --------------------+--------------------

   KENTUCKY       |  338               

 --------------------+--------------------

   LOUISIANA      |  135               

 --------------------+--------------------

   MAINE             |  276               

 --------------------+--------------------

   MARYLAND       |  783               

 --------------------+--------------------

   MASSACHUSETTS    |  1,842             

 --------------------+--------------------

   MICHIGAN        |  1,198              

 --------------------+--------------------

   MINNESOTA     |  1,049             

 --------------------+--------------------

   MISSISSIPPI     |  42                

 --------------------+--------------------

   MISSOURI        |  544                

 --------------------+--------------------

   MONTANA        |  123               

 --------------------+--------------------

   NEBRASKA       |  304               

 --------------------+--------------------

   NEVADA          |  71                

 --------------------+--------------------

   NEW HAMPSHIRE   |  268               

 --------------------+--------------------

   NEW JERSEY    |  850               

 --------------------+--------------------

   NEW MEXICO   |  100               

 --------------------+--------------------

   NEW YORK      |  2,232             

 --------------------+--------------------

   NORTH CAROLINA    |  84                

 --------------------+--------------------

   NORTH DAKOTA      |  130               

 --------------------+--------------------

   OHIO              |  1,257             

 --------------------+--------------------

   OKLAHOMA      |  178               

 --------------------+--------------------

   OREGON          |  204               

 --------------------+--------------------

   PENNSYLVANIA   |  1,724             

 --------------------+--------------------

   PUERTO RICO   |  2                 

 --------------------+--------------------

   RHODE ISLAND    |  69                

 --------------------+--------------------

   SOUTH CAROLINA    |  172               

 --------------------+--------------------

   SOUTH DAKOTA      |  68                

 --------------------+--------------------

   TENNESSEE      |  386               

 --------------------+--------------------

   TEXAS             |  959               

 --------------------+--------------------

   UTAH              |  47                

 --------------------+--------------------

   VERMONT        |  119               

 --------------------+--------------------

   VIRGINIA         |  731               

 --------------------+--------------------

   WASHINGTON  |  530               

 --------------------+--------------------

   WEST VIRGINIA   |  65                

 --------------------+--------------------

   WISCONSIN     |  48                

 --------------------+--------------------

   WYOMING        |  29                 

 --------------------+--------------------

   Null                |  6                 

 --------------------+--------------------

   Guam              |  4                 

 --------------------+--------------------

   Puerto Rico      |  2                  

 --------------------+--------------------

   Total               |  24,816            

 --------------------+--------------------

                    

Topics: EPA RRP Rule Updates, Firm Certification

EPA announces newly proposed amendments to the EPA RRP Rule

Posted by Shawn McCadden on Wed, Apr 28, 2010 @ 09:33 AM

EPA RRP Press release

 

In an April 23 news release, the U.S. Environmental Protection Agency announced release of two new amendments to the EPA RRP Lead: Renovation, Repair and Painting rule regarding dust wipe testing and their intention to apply the rule to public and commercial buildings.

  The proposed amendments would change the lead rule as a direct result of a voluntary legal settlement with several environmental groups that challenged the original regulation.

According to the NAHB the proposed amendments would:

  • Require abatement-style dust wipe testing and share results with home occupants and owners.This rule change will apply to certain remodeling activities and require the renovator to achieve the EPA's strict numerical limits for lead dust levels on window sills, window troughs, and floors. The EPA's numerical lead dust standards are the same as those dictated to lead-based paint abatement firms for achieving "clearance" under EPA's abatement rules. Depending on the outcome of this upcoming amendment, remodelers and other contractors may also be subject to additional regulatory restrictions at the state and local level triggered by the knowledge of disturbing lead-based paint. After this proposal is published, it will be out for a 60 day comment period with the goal of completing and finalizing this rule change in July 2011. Click here to view or save the proposed amendment as a PDF
  • Apply the lead rule to public and commercial buildings. The EPA plans to amend the rule to expand its scope over both public and commercial buildings. NAHB will follow this development but expects the proposal to come out after the clearance testing amendment.  Click here to view or save the proposed amendment as a PDF

Topics: EPA RRP Rule Updates, EPA RRP Lead Rules, Production Considerations, Amendments

What EPA RRP documentation must be given to the owner or occupant?

Posted by Shawn McCadden on Tue, Apr 27, 2010 @ 10:41 AM

NewOn April 22, 2010. the EPA added an amendment to the EPA RRP rule regarding documentation.

  The amendment will take effect 60 days after publication in the Federal Register, publication is expected to happen sometime in early May 2010. 

  

Here is what the EPA amendment states:

"This final rules requires that, 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 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. 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 under 40 CFR 745.84(b)(2)(i) or on the signs posted in the common areas under 40 CFR 745.84(b)(2)(ii). EPA is finalizing similar requirements for renovations in child-occupied facilities. Under this final rule, the renovation firm is 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 under 40CFR 745.84(c)(2)(ii).

Under this new requirement, 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. The specific information that is required to be provided are the training and work practice compliance information required to be maintained by 40 CFR 745.86(b)(7), 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. 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. This documentation must include a certification by the certified renovator that the work practices were followed, with narration as applicable. However, 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 pursuant to 40 CFR 745.86(b)(7), as an attachment to the checklist or other form."

The amendment also addresses documentation related to dust clearance testing as follows:

EPA RRP Dust Clearance Test"This final rule requires that, if dust clearance is performed in lieu of cleaning verification, the renovation firm provide a copy of the dust wipe sampling report(s) to the owner of the building that was renovated as well as to the occupants, if different. With respect to renovations in common areas of target housing or in child-occupied facilities, EPA is also requiring that these records be made available to the tenants of the affected housing units or the parents and guardians of children under age 6 using the child-occupied facilities. Dust sampling reports may be made available to these groups in the same way as training and work practice records, by providing information on how to review or obtain copies in individual notifications or on posted signs."

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.

Topics: EPA RRP Rule Updates, EPA RRP Lead Rules, Documentation Considerations