EPA's Lead Renovation, Repair and Painting Rule-Prepare Now to Meet Upcoming Compliance Deadlines

A whole host of training, certification and work practice requirements called for by the U.S. Environmental Protection Agency's Lead-Based Paint Renovation, Repair and Painting (RRP) Program are slated to take effect in April 2010.  By that date, construction firms must apply for and receive EPA certification to disturb paint as part of their work in pre-1978 housing and child-occupied facilities.  In addition, all of these jobs must be supervised by certified renovators; specifically, individuals who have completed an EPA-accredited, full-day training course.  Plus, other craft workers on such jobsites must be properly trained and equipped to follow the RRP Program's lead-safe work practices when performing their assigned tasks.  AGC members covered by the RRP rule should take steps now to meet the upcoming April 2010 compliance deadline.  EPA's RRP Program is a federal regulatory program affecting construction firms and individual workers who disturb painted surfaces.   It applies to residential houses, apartments and child-occupied facilities such as schools and day-care centers built before 1978.  It includes training, certification and work practice requirements that take effect in April 2010, as well as pre-renovation education requirements that are currently in effect.  Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling and maintenance activities, including window replacement. Because the term "renovation" is defined so broadly, many contractors who are not generally considered "renovators," as that term is commonly used, are considered to be "renovators" under the RRP Program and must follow the rule's requirements. Training, Certification & Work Practice Requirements Take Effect April 2010! Under EPA's RRP Program, both construction firms and individual workers who perform (or direct other craft workers to perform) renovations must be certified by EPA by April 2010.  In addition, all craft workers must be trained on the lead-safe work practices that they must use when performing their assigned tasks. A construction firm can become certified to perform renovations by submitting an application for firm certification (PDF) and fee payment to EPA. The Agency will begin processing applications on October 22, 2009. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application.  The certified construction firm is required to ensure (1) that all individuals performing activities that disturb painted surfaces on behalf of the firm are either certified renovators or have been trained by a certified renovator; (2) that a certified renovator is assigned to each renovation project; (3) that the program's recordkeeping requirements are met; and (4) that the pre-renovation educational materials are properly distributed (see below). An individual worker can become a certified renovator by successfully completing an eight-hour initial renovator training course offered by an accredited training provider. The course completion certificate serves as proof of certification.  The certified individual must then complete an accredited refresher course every 5 years. (Note:  Individuals with prior relevant EPA or U.S. Department of Housing and Urban Development training (e.g., certified lead abatement contractors) need only complete a refresher course.)  EPA estimates that that there is an initial trainee base of approximately 250,000 renovators.  EPA reports that hundreds of workers have already become EPA-certified renovators; however, EPA warns that it may be difficult to find an open course if you wait until right before the compliance deadline.   As of October 6, 2009, EPA has 72 accredited training providers.  Read the list of EPA's accredited training providers. The certified renovator is required to ensure that the renovation is performed in accordance with the work practice standards of the RRP Program, among other things.  These requirements pertain to warning signs and work area containment, the restriction or prohibition of certain practices (e.g., high heat gun, torch, power sanding), waste handling, cleaning and post-renovation cleaning verification.  EPA's rule does not require everyone involved in performing a regulated renovation project to receive training from an accredited training provider. The rule allows firms to use other workers to perform renovation activities, as long as they receive on-the-job training (OJT) in work practices from a certified renovator. Pre-renovation Education Requirements Are Currently In Effect! Currently, contractors who perform renovation, repairs and painting jobs in pre-1978 housing and child-occupied facilities must, before beginning work, provide owners, tenants and child-care facilities with a copy of EPA's lead hazard information pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) | En Español (PDF).  Contractors must document compliance with this requirement.  EPA's pre-renovation disclosure form (PDF) may be used for this purpose.   Failure to comply with EPA's RRP Program requirements could result in penalties of up to $37,500 per day per violation. For additional information, visit EPA's web site at http://epa.gov/lead/pubs/renovation.htm or call the National Lead Information Center (NLIC) at 1(800) 424-LEAD [5323] to find out more.  See also the June 2009 issue of AGC's Environmental Observer newsletter.