News

EPA Proposes Cost-Saving Revisions to Current Lead Paint Rules

Refresher Training for Renovators May Move to Entirely Online Format

On Jan. 14, the U.S. Environmental Protection Agency (EPA) proposed revisions to the Lead Renovation, Repair and Painting (RRP) rule that would eliminate the requirement that the renovator refresher training have a hands-on component and extend the recertification deadline for a portion of renovators, so they can take advantage of this change.  The proposal  would also eliminate the need to pay accreditation and certification fees in the multiple states where EPA administers the program for Lead-based Paint (LBP) Activities (abatement, inspection and risk assessment).  In addition, EPA proposes to clarify certain responsibilities for training providers under both the RRP and LBP Activities programs.

AGC plans to submit comments to EPA in advance of the Feb. 13 deadline, supporting the proposal.  If you have information to share with AGC – specific to the issues on which EPA solicits public feedback (see details below) – please email AGC’s Leah Pilconis at pilconisl@agc.org before the comment deadline.

To access the rulemaking docket (i.e., proposal, supporting documents, and public comments filed to date) or to submit your own comments, click here.

The Lead RRP rule applies to any person performing the covered activities in pre-1978 “target housing” and “child-occupied facilities” as defined in 40 CFR Part 745.  Specifically, renovators must be properly trained, renovators and renovation firms must be certified, and training providers must be accredited, among other things.  EPA operates a similar regulatory framework for those engaged in lead abatements, risk assessments and inspections under its LBP Activities rule.  States may, upon approval, receive EPA authorization to carry out their own program(s) in lieu of the federal program(s).

RRP Renovator Certification

The proposal would eliminate the requirement to include hands-on training in the renovator refresher training – a course that EPA requires certified renovators to complete at least every five years to maintain their “lead-safe certified renovator” status.  Accordingly, renovators seeking recertification could take the course entirely online (possibly from their own home) without having to travel to a training location to perform the hands-on activities.  EPA requests comment on this rule revision.

EPA assumes that 98 percent of renovators would take the online training if the hands-on requirement is removed.  However, EPA is requesting comments on this assumption.  EPA is also soliciting input on other regulatory alternatives, such as requiring the hands-on portion of the refresher course every other time a renovator gets recertified (instead of every 5 years) or allowing an instructor to assess the students skills via an electronic platform (e.g., video conferencing).

The agency is concerned that, by the time a final rule is published, many renovators will have already taken the refresher training that includes the hands-on learning and will have missed out on the savings this proposed rule would provide. EPA estimates that nearly 200,000 renovators will need to complete the renovator refresher training in 2015 to stay compliant with EPA’s RRP rule – click here for related AGC article.  Note that EPA grants renovators who received their initial certification before the April 22, 2010, compliance deadline a 60-plus day grace period (until July 1, 2015) to take the refresher training to maintain certification. EPA is requesting comment on extending – possibly for six more months – the renovator certifications that are set to expire by July 1, 2015, to ensure that as many renovators as possible can take advantage of the proposed rule revisions.  Also in furtherance of this goal, EPA has indicated that this rulemaking would take effect immediately upon its publication as a final rule in the Federal Register.

It is important to note that following—

  • The hands-on training requirement for 1st-time certified renovators would remain in place: the change would only apply to re-certifications.
  • EPA does not plan to eliminate the hands-on activities in the refresher courses for the other lead-based paint program disciplines: risk assessor, inspector, supervisor, abatement worker and dust sampling technician. The work performed by these disciplines involves highly specialized skills which individuals must learn in accredited training courses, according to EPA.

Accredited Training Providers

With regard to the training provider, EPA requests input and supporting information on how an online refresher training option would affect (1) a training provider’s direct costs and (2) the tuition costs passed on the renovator.  EPA also seeks comment on how it should modify the notification requirements to accommodate a training taught entirely online. Currently, training providers are required to submit both a pre- and post-training notification for each course that they teach – including information about the trainees including name, address and test score.  EPA is considering modifying the notification requirements to require training providers who teach the online refresher course to submit their notifications online.  Currently, training providers have the option of submitting notifications electronically via EPA's Central Data Exchange (CDX); 63 percent of training providers opted to do so in the past year. The agency requests comment on whether it should require training providers to submit notifications online for the online refresher course.

Lead Abatement, Inspection and Risk Assessment Fees

Currently, under EPA’s LBP Activities rule, training providers, firms and individuals must seek certification and/or accreditation in each jurisdiction (e.g., a state) where the organization or person wants to work. The agency is proposing to eliminate the requirement for separate certifications/accreditations in each state where EPA administers to federal Lead-based Paint Activities (abatement, inspection and risk assessment) rule.  EPA requests comment on this change to the LBP Activities regulations.

EPA does not believe it is necessary to certify or accredit the same applicant multiple times; certification in one EPA-administered state jurisdiction should be sufficient to perform work in any other EPA-administered state.  EPA points out that there is not a requirement for separate certifications/accreditations in each EPA-administered state under the Lead RRP rule.

Estimated Cost Savings

EPA has prepared an analysis of the potential costs and impacts associated with this proposed rule:  Economic Analysis for the Lead-Based Paint Program Minor Amendments Proposed Rule.   Specifically, by removing the multi-jurisdiction fees and the requirement for hands on refresher renovator training, EPA estimates the proposed rule would save industry of up to $9.6 million per year using a 3 percent discount rate and $9.8 million per year using a 7 percent discount rate.

Enforcement

On Dec. 19, 2014, EPA announced 62 enforcement actions that require renovation contractors and training providers to protect people from exposure to lead dust and debris, as required by EPA’s Lead RRP rule. Read the press release.  EPA continues to remind renovation workers to stay current with certification and training requirements and to follow lead-safe work practices.

For more information on EPA’s LRRP rule, please see AGC’s Fact Sheet.  If you need more information on the difference between lead abatement and lead RRP activities, click here.  You may also wish to visit EPA’s Lead Program website.