The U.S. Environmental Protection Agency (EPA) recently announced it will delay enforcement of the new Lead Renovation, Repair and Painting Program (RRP) regulations. The Agency issued a memorandum providing renovation firms and workers additional time to obtain necessary training and certifications to comply with its new lead paint rules. EPA's decision is a win for AGC of America and AGC of Maine; both trade groups worked to inform the Agency of the difficult timeline the rule would impose on contractors.
EPA announced it will not fine renovation workers if he or she enrolls in or applies to enroll in a certified renovator class by September 30, 2010, and completes training by December 31, 2010. The June 18 EPA memo is online at http://www.epa.gov/lead/pubs/giles_RRP_memo.pdf.
The Lead RRP rule took full effect April 22, 2010. The rule applies to paid contractors working in pre-1978 housing, and child-occupied facilities (e.g., schools and day-care centers) with lead-based paint. The current rules require construction firms and individual workers who perform renovations, repairs and/or painting projects in regulated facilities to comply with federal (TSCA Section 402(c)(3)) accreditation, training, certification, lead safe work practice, and recordkeeping requirements - or risk fines of up to $37,500 per day per violation.
Unfortunately, in most states, there are few EPA-"accredited" trainers available to educate construction workers on these new requirements. EPA states in its memo that it will pursue additional training opportunities in every state to meet the demand for classes. In addition to the enforcement delays noted above, EPA will not take enforcement action for violations of the Lead RRP rule's firm certification requirement until October 1, 2010, according to EPA's memo. (It should be noted, however, that only the certification requirements are being delayed; any failure to follow lead safe work processes would trigger an immediate violation.)
EPA's decision to delay enforcement of certain Lead RRP requirements follows the passage of an amendment to the fiscal year 2010 supplemental appropriations bill from Senator Susan Collins (R- Maine) that would prevent EPA from fining contractors for non-compliance with the training requirements for lead paint hazard mitigation if the contractors sign up for the mandatory EPA training by September 30, 2010. The U.S. House of Representatives may vote on the bill during the week of June 28. If the House amends the measure, the U.S. Senate will have to vote again for final approval before it goes to the President for his signature.
AGC Maine CEO John O'Dea called the delay "a win for the construction industry" and said that contractors across the country should be grateful for Senator Collins' efforts. AGC Maine participated in the EPA Region 1 conference in Portland requesting the delay to the new federal regulation.
Facing the looming compliance deadline, Karl Ward (Nickerson O'Day, Bangor, Maine) contacted Sen. Susan Collins' office to alert her to the many problems with the rule, including the fact that just two people in the state of Maine were available to educate contractors on the provision.
"We want to comply with the law," said Ward, "but we have to be reasonable. We need enforcement resources and time."
National AGC staff met in June with U.S. Senate Committee on Environmental and Public Works minority staff to discuss its concerns regarding implementation of the current Lead RRP program, as well as EPA's new actions that widen the rule's potential impact on the construction industry. Minority staff for the committee has been working to educate Senators on the problems associated with the rule and is pressing for a congressional hearing on the issue.
“I have heard from many contractors, painters, and other construction professionals throughout Maine about their difficulty in receiving the training mandated by the EPA. Due to the lack of certified trainers in our state, contractors haven’t been able to get the work they need to sustain their livelihoods during these tough economic times, and they were also faced with potentially huge fines for performing the work without proper certification. I am pleased that EPA agreed to my request to allow more time for contractors to receive mandated training, and to boost the number of certified trainers in Maine and in other states. The fines that EPA could have levied for failure to comply with its lead paint rule could have been devastating to Maine’s small businesses that have been unable to comply due to a lack of EPA trainers in our state. While we must continue our efforts to rid lead-based paint from our homes and schools, the burden should not fall upon the shoulders of small contractors and construction professionals who are trying their best to comply with EPA regulations.” Senator Susan Collins (R- Maine)AGC Action on Lead AGC has joined with the National Association of Home Builders, National Association of Realtors®, Building Owners and Managers Association International and more than a dozen other real estate and development groups to respond to an EPA advance proposed rule to regulate renovations on the exteriors of public and commercial buildings (to the extent those renovations create lead-based paint hazards) by December 2011 and take final action by July 2013. In addition, the coalition is also preparing comments on a separate EPA proposal that would require contractors to perform "dust-wipe testing" after most renovation, repair, and painting activities covered by the RRP rule. Contractors would need to show that dust-lead levels comply with EPA's regulatory standards. Regulated contractors would also need to provide the results of the testing to the owners and occupants of the building. For some of these renovations, the proposal would require that lead dust levels after the renovation be below the regulatory dust-lead hazard standards. As the RRP rule expands to commercial buildings - so would the dust-wipe testing requirements. For more background information on EPA actions widen the rule's potential impact on the construction industry, click here. See EPA's Lead RRP rule web page at http://www.epa.gov/lead/pubs/renovation.htm for more on the current requirements. For more information, contact Leah Pilconis at pilconisl@agc.org or (703) 837-5332.