EPA Delays Enforcement of Lead Renovation, Repair and Painting Rule

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. 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.) For more details on the Lead RRP Rule and AGC's action on lead, please refer to AGC's Environmental Observer here.