AGC Supports Online Lead Paint Training
The U.S. Environmental Protection Agency (EPA) finalized an AGC-supported rule that will allow contractors who are subject to EPA’s current Lead Renovation, Repair, and Painting (RRP) rule to complete the required “renovator” re-certification process via distance/online learning, rather than traveling to a more expensive in-seat program.
Specifically, EPA modified the requirement that the renovator refresher training course have a hands-on component under the Lead RRP program. Per the final rule, renovators can take a refresher course without the hands-on training every other time they get certified. A course without hands-on training can be taken completely online. Renovators who take the online training will be certified for three years; renovators who take the hands-on training will be certified for five years.
As AGC warned, with the March 31, 2016, recertification deadline looming for over 100,000 remodelers (according to EPA estimates), and thousands more throughout 2016 and 2017, the regulated community has limited time to get in compliance. However, EPA’s changes only apply to those states where EPA administers the program; the 14 states that administer their own programs will have to take legal action to adopt the online refresher course option.
In addition, EPA removed jurisdictions under the abatement program. This will eliminate the need to pay accreditation and certification fees in the multiple states where EPA administers the program for lead-based paint activities (abatement, inspection and risk assessment). In the final rule, EPA also added clarifying language to the requirements for training providers under both the Lead RRP and abatement programs. This does not change any requirements for training providers.
AGC submitted comments in early 2015 in support of EPA’s proposal to move the refresher training for renovators to an entirely online format. After more than a year with no final action, AGC recently met with the White House Office of Management & Budget to reiterate the benefits of these cost-saving rule revisions that will make it easier for renovators to access Lead RRP program trainings, saving them time and money.
Background
The federal 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).
Lead Enforcement
Late last year, EPA announced 75 enforcement actions from throughout 2015 that require renovation contractors and training providers to come into compliance with EPA’s Lead RRP regulations. Seventy-five settlements were filed from October 2014 through September 2015 for renovations performed on pre-1978 homes and child-care facilities, and each requires that the alleged violator certify its compliance with RRP regulations to EPA and, in most cases, pay civil penalties (statutory max can reach $37,500 per day per violation) to resolve the alleged violations. Learn more here.
For more information on EPA’s LRRP rule, please see AGC’s Fact Sheet (scroll to “Find Information”). If you have questions on the difference between lead abatement and lead RRP activities, click here. You may also wish to visit EPA’s Lead Program website.