EPA’s Renovation, Repair and Painting Rule
Since 1999, the EPA has been working on establishing a rule for Renovation, Repair and Painting. On April 22, 2008, EPA issued the long awaited final rule under the authority of section 402(c)(3) of the Toxic Substances Control Act (TSCA) to address lead-based paint hazards. Under the rule, beginning April 22, 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. The word disturb includes most of the normal procedures we use in the preparation of surfaces to be painted. Contractors, who already have Lead Abatement certifications, will also need to meet the simpler criteria established RRP Certification.
Commercial Painting Contractors should consider the need for and value of the new EPA RRP Certification. Though many commercial contractors do not complete single family home repaint projects, many of the targeted building types are regularly completed by commercial contractors. Schools, child care facilities, office buildings with on-site child care, churches with day care, and multi-family type housing are all typical commercial projects.
Two types of RRP Certification
There are really two legs to the EPA RRP Certification. One is the company or ‘renovator firm’ certification. This leg of certification is attained through an application process and payment of a $300 fee to the EPA. The application PDF can be found here. Applications should be submitted immediately since they can take up to 90 days to process. The second leg is the 'renovator certification' training. This would typically be for the Contractor’s crew leader/ foreman, or other field personnel. Each impacted jobsite requires at least one certified renovator from your company, on site. This individual will train other employees on RRP safe work practices and complete mandated record keeping and communications. Note: The renovator certification training does not need to be completed prior to submitting the ‘renovator firm’ certification application.
EPA mandated an approval process for training firms to become approved RRP Training providers. As of January 19th, the EPA lists 123 approved training providers across the nation. Contact Marsha Bass at National PDCA - 800-332-7322 ext 227 for assistance in locating an approved training company. You can also visit the EPA webpage listing at http://www.epa.gov/lead/pubs/trainingproviders.htm
Other notes of interest
Beginning back in December 2008, the rule required that contractors performing renovation, repair and painting projects that disturb lead-based paint, provide to owners and occupants of child care facilities and to parents and guardians of children under age six that attend child care facilities built prior to 1978, the lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (3.3 MB PDF) and Spanish version (3.2 MB PDF) . Contractors must document compliance with this requirement through use of the pre-renovation disclosure form (3.2 MB PDF).
Wisconsin is currently the only State that has implemented State rules regarding this topic. Contractors doing business in Wisconsin can contact the Wisconsin Department of Health Services and go to their website.
UPDATED INFORMATION
Since I wrote this article in January 2010, many changes to RRP have occurred.
Several States now administer the EPA RRP in State - including Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, and Oregon. Their rules have to be the same as, or more stringent than the federal standard. Several other States are in the process of becoming State regulated.
Certain 'Opt Out' provisions originally offered some homeowners was removed by the EPA on May 6, 2010.
The proposed expansion of the EPA RRP Rule: Lead; Renovation, Repair and Painting Program for Public and Commercial Buildings proposal entered a 60 day comment period on May 6th and will close on July 6th. More information available here on the Commercial Forum website.