Massachusetts renovation contractors and others who work on homes and child occupied facilities built prior to 1978 need to be aware that the MA Division of Occupational Safety filed emergency regulations on April 2, 2010, at 454 CMR 22.00  The new regulations replace the previous Deleading regulations with new regulations entitled Deleading and Lead-Safe Renovation. 

Click here to view and or download the emergency regulations as a PDF

Even though the new regulations were not published in the Massachusetts Register until April 16, 2010, they actually went into effect on April 2, 2010, the date they were filed.  This apparently is a delay that is typical to the process. 

What could be confusing for those affected by the law is that 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.  So, businesses that are affected by the new regulations should actually ignore the MA regulations, at least for now.  Affected businesses should continue to obtain firm certification from the EPA, get workers trained under the EPA approved Certified Renovator training classes and follow the EPA RRP rule until further advised by the Massachusetts DOS.

Contractors trying to figure out and stay current on MA requirements will need to stay on top of what the state does and when they do it to avoid potential violations and any related fines.  This is because, even though the new EPA law that takes effect on April 22, 2010 was approved and announced in 2008, the state only recently began the process required by the EPA to take over administration of the rule.  Due to the time, research and related efforts required to write their own rule and get it approved by EPA, and the fact that they started the process so close to the EPA Rule's effective date, contractors will have to be aware of and work under three different sets of regulations during 2010.  First, depending on whom administers the program (DOS or EPA), there will be different rules.  Second, even when the MA emergency regulations are approved by EPA and become enforced by DOS in Massachusetts, those regulations will eventually be replaced by a new final rule.

On their web site, the DOS said that additional information will be available as the application process for delegated authority proceeds and that they will make that information available as soon as possible. In the interim, questions can be directed to DOS Environmental Engineers Patty Sutliff or Frank Kramarz by calling the DOS office at 617-969-7177 

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#contractors

MA contractors should be aware that the MA DOS is planning to enact emergency regulations to take authority of the RRP from EPA, but it hasn't happened yet.   

So far what MA has done is to announce their intent to take over the EPA RRP. The emergency rule was/is scheduled to be entered into the register either this past Friday April 16th, 2010. As soon as it is entered into the register I will get the link to it and share it.

The emergency regulations will only be temporary. MA will then have 90 days to create their final regulations and get approval of the final regs from EPA. Until it is law, everything is speculation. So, we all still have opportunity to help mold the final regulations.

I will be working closely with the MA DOS to review and comment and on, and contribute to the regulations during the next 90 days. I suggest this is actually an opportunity to create a rule that is much better and makes more practical sense than what we would deal with if left with the current EPA rule. One of my goals in getting involved will be to help level the playing field for professionals and include real consequences for illegal operators. I would also like to see responsibilities and consequences for home owners, but I suspect that might be a tough thing to accomplish in this state.

My DOS contacts have told me they will let me know of any new information as it becomes available.

Click here to see the most recent information on this posted on the MA Executive Office of Labor and Workforce Development (EOLWD) web site