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.

The EPA RRP renovation checklist is a form used  to document certain activities and the fulfillment of certain requirements related to the project and jobsite. 

Renovators can use the checklist provided by the EPA or can create their own checklist.  An advantage of creating your own checklist could be that it would include additional items, specific to the work types you do, that your business would want to make sure were considered and or completed by employees while working on projects covered under the RRP Rule.  One example might be that abrasive tools were fitted with a shroud and connected to a functioning HEPA vac while in use at the job site.  Another might be how waste water was handled.

According to the EPA RRP Rule:

"This final rule also requires firms performing renovations to retain documentation of compliance with the work practices and other requirements of the rule. Specifically, the firm must document 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 this final rule, and that the certified renovator performed the post-renovation cleaning verification. This documentation must include a copy of the certified renovator's training certificate. Finally, the documentation must include a certification by the certified renovator that the work practices were followed with narration as applicable."

Here is what the renovation checklist offered by the EPA looks like:

PA

A copy of this form is available inside the EPA booklet titled: Small Entity Compliance Guide to Renovate Right

Rhode Island administers their own RRP program.  Here is an addition documentation consideration related to the 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."

Click here to view or download the RI 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.

Questions (2):

(1) If a homeowner removes all the painted surfaces in a room and then hires a certified firm to remodel the room, does the renovator need to follow the RRP Rule?

(2) Does the RRP Rule apply where no paint at all is present, such as in a 100 year old unfinished basement?

According to the EPA web site:

"No.  The EPA RRP Rule applies to activities that result in the disturbance of painted surfaces.  Where there is no paint to disturb, the RRP Rule does not apply."

Note: If the home owner has removed all painted surfaces and or has already done all required demo, renovators should still be cautious.  Just because all of the painted surfaces have been removed does not ensure that there is no lead dust still present in a work area.  If the renovator spreads that dust while working, he or she could still be held liable for doing so.  If demolition has been done by others prior to the start of work, it might be wise to have the area tested before you begin your work.

NOTE: According to the EPA RRP rule, you cannot offer, sell or do work on pre-78 target housing for compensation unless you or your business is a certified firm.  Although the work practices may not be required at a property if you are not disturbing any paint, the firm doing the work must be an EPA Certified Firm.

Question:

What is the "opt-out" provision of the Renovation, Repair, and Painting (RRP) Rule and when does it apply?

According to the Q&A area of the EPA's web site, before you can offer or do work on pre-1978 homes, you must be a Certified Firm (click here to see this Q&A).  So, even if the work practices are not required, or the owner decides to opt-out, offering services or working on target properties requires that the contractor offering the contract to a property owner be a certified firm.

According to the EPA web site:

"The RRP Rule published April 22, 2008, allows homeowners to 'opt out' of the requirement to hire a trained renovator who follows the RRP work practices if the homeowner certifies that (1) the renovation will occur in the owner's residence, (2) no child under age 6 or pregnant women resides there, (3) the housing is not a child-occupied facility, and (4) the owner acknowledges that the renovation firm will not be required to use the work practices contained in the RRP rule." 

NOTE: On April 23, 2010, the EPA announce that the opt-out provision would be phased out. The change in the rule regarding the opt-out will become effective on July 6th, 2010.  Click here for more on the opt-out posted at the EPA Web Site.

NOTE:  Rhode Island is one of many states and or tribal authorities that has been granted and or is seeking authorization by the EPA to administer the RRP program.  The opt-out provision is/will not be allowed in RI.  If you know of the status of the opt-out in RI and or other states, please contribute that information along with a source/link to confirm accuracy. 

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

If you are a certified renovator trying to figure out innovative, efficient and time saving production methods to protect profits on EPA RRP related projects you might want to consider a dust room.

Building a dust room, particularly on very dusty and or longer duration projects might be well worth the time and material costs to build one.  Lets say you need to re-fit existing doors because they bind or maybe change the hardware on a bunch of interior doors. A dust room can contain the dust in one space and prevent the work area in each particular room from exceeding the 6 square foot minimum. 

The following information is from the HUD Booklet titled Lead Paint Safety, A Field Guide for Painting, Home Maintenance and Renovation Work. 

The booklet also includes very thorough instructions, for working lead safe, specific to performing a variety of project types.  It could be a great resource for contractors trying to collect effective and innovative lead safe work practices, just be sure to stay in compliance with RRP rules.

Many Certified Renovators, after taking the required EPA RRP certification class, leave with questions about respirators.  The RRP rules are not specific about the need or requirement for workers to use respirators while performing work practices, but there are OSHA rules to consider. For information regarding OSHA requirements contractors can refer to the OSHA document titled Small Entity Compliance Guide for the Revised Respiratory Protection Standard

There is also more information about respiratory protection at the OSHA web Site.  If you want a quick resource of OSHA information about respirators try the Respiratory Protection Frequently Asked Questions page of the OSHA web site.

If you are a certified renovator tying to figure out where to get started about respirators, the following information is from the HUD Booklet titled Lead Paint Safety, A Field Guide for Painting, Home Maintenance and Renovation Work.  It should give you a good idea of when respirators would be required or not.  It can also help identify when you should consider OSHA Requirements on RRP related work.  The booklet also includes very thorough instructions, for working lead safe, specific to performing a variety of projects.  It could be a great resource for contractors trying to collect effective and innovative lead safe work practices, just be sure to stay in compliance with RRP rules.

Question:
We are located in a town where a majority of the homes are pre- 1940. How do the new lead rules apply to home owners who do their own work?  (RRP DIY)

Unfortunately, the RRP rules do not apply to home owners doing their own work!  Also, the rule does not apply if the work is being done by volunteers.  The rule only applies if the work is being done for compensation. If volunteers are being supervised by a paid supervisor, the rule does apply.

Homeowners have no responsibilities under the new EPA RRP rules.  They can do their own work as they please, but are "encouraged" to follow lead safe practices.  If home owners are considering doing their own work, contractors can suggest they read Lead Paint Safety: A Field Guide for Painting, Home Maintenance, and Renovation Work.  This booklet published by HUD will make them aware of lead hazards and the risks they will take if they do their own work.  It also includes very thorough instructions, for working lead safe, specific to performing a variety of projects.  This booklet may help many homeowners realize they are getting in over their head and should hire a professional.  The booklet might also be a great resource for contractors trying to collect effective and innovative lead safe work practices.

Contractors are required to be a certified firm to offer and orsell the work, but the homeowner does not in any way have responsibility to only hire a certified firm.  There is no consequence to the consumer for hiring someone who works illegally.  If this is a challenge for you, it would be pointless to express your concerns to an EPA employee.  They don't make the laws or rules.  Rather, you should speak with your congressman.  Congress was and is responsible for this rule, it's contents and the rule's lack of insight into the realities of implementation in the real world.

Question: 

What with all this water damage this week, it occurs to me to wonder about the intersection between flood damage restoration (with insurance coverage) and the EPA's lead rule set to take effect in a couple three weeks.

Insurance companies use detailed estimating programs to set the rates they will reimburse for repairs. When we go trying to fix up people's soggy basements and flooded first stories after this big wet one, can we assume that we are disturbing lead? And if so, are they going to want us to put up plastic and stuff amid all that soggy mess? And if so (which I doubt), are the insurance companies ready to pay the added cost of this?

I leave aside the absurdity of supposedly vacuuming for paint in a basement full of raw sewage. For now.

But seriously -- has anyone thought about how this EPA BS fits into the insurance industry's rate paradigm? Have you?

Regards,Ted

This came up for me in two places.  First with one of my clients who is a water remediation contractor.  Second, at a full day RRP Class for business owners that I presented.  I have no idea what the insurance industry has or will do regarding unit costs for EPA RRP related work.   There is an exclusion in the EPA RRP rule for emergency work.  

Basically, you can deal with the emergency up until the point it is no longer an emergency.  I suggest that would include removing damaged components so as to prevent and or limit additional damages (including mold) and health risks.  Clean up and cleaning verification is not excluded.  Also, you must switch over to the work practice requirements once you reach the point of interim control.  I hope this helps.  I am not an EPA lawyer, nor have I qualified this with the EPA. I am answering based on my understanding of the EPA RRP rule.