NEW RRP RULES DETAILED

EPA finalized the changes to the Lead Renovation, Repair and Painting Rule. Follow this link for quick summary and commentary on those changes that affect Renovators. A few of the key highlights are:

1.       Vertical containments (i.e. plastic sheeting) are required when working within 10 feet of property line. The hope is to avoid contaminating the neighbors space.

2.       HEPA shrouds or containment systems req'd on power equipment (ex. drills, sanders) at point of generation. These can often be purchased with the equipment or from and aftermarket distributor. The idea is attach a HEPA vac hose to the "head" of the equipment.

3.       Dust testing can be conducted in lieu of the Cleaning Verification.  Testing makes sense for both the contractor, who will know that the work was completed without any lead dust residue, and the occupants, who can be confident that they're living in a lead safe environment.  EEA offers the Dust Sampling Technician Certification.  Contact UNYSE about "do it yourself" lead wipe sampling kits.

4.       Paint chips can be collected to "rebut the presumption" of lead based paint instead of relying on the chemical test kits. UNYSE Labs provides National Lead Laboratory Approval Program (NLLAP) analysis of paint samples.

5.       Prior training (i.e. lead safe work practices, abatment worker/supervisor) can only be used to qualify for Renovator refresher training until Oct 4, 2011.   After that anyone who has completed LSWP or abatement training will have to attend the day long Renovator initial.  Check our website for dates of refresher and initial Renovator training. 

These changes and requirements take effect October 4^th, 2011.

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EPA Requires Remodelers to Provide Clients Information on Testing for Lead Paint Dust

The Environmental Protection Agency is advising home owners to test their homes for lead paint dust after getting any remodeling or renovation work done, and it is now requiring remodelers to inform home owners of that option through its newly revised “Renovate Right” pamphlet.

After pressure from Congress and an NAHB-led coalition forced the EPA to back away from clearance testing in its recent amendment to the Lead: Renovation, Repair and Painting (RRP) rule, this revision appears to be the EPA’s way of encouraging consumers to choose it anyway, rather than relying on the cleaning verification that professional remodelers are already required to perform, noted NAHB environmental policy analyst Matt Watkins.

Under the RRP rule, prior to beginning any remodeling work, remodelers, window installers and other contractors are required to distribute the “Renovate Right” brochure to property owners and tenants living in homes built before 1978.

To be in compliance with the law, remodelers and other contractors who want to use copies of the April 2010 version of the pamphlet will have to print out and insert page 10, “For Property Owner: After the Work is Done,” which brings lead-dust testing to the attention of the recipient.

“Renovate Right” should be distributed no less than seven and no more than 60 days before a remodeling project.

Remodelers working in a common area of a multifamily building must ensure that a copy of the publication is posted at the job site or distributed to all residents.

In the case of daycare centers or other child-occupied facilities, the brochure needs to be posted or given to the parents or guardians. 

For more information, email Kelly Mack at NAHB, or call her at 800-368-5242 x8451; or contact Matt Watkins, x8327.

NAHB HAS MEMBER RESOURCES TO ASSIST REMODELERS WITH LEAD RULE COMPLIANCE

NAHB Has Member Resources to Assist Remodelers with Lead Rule Compliance

With the U.S. Environmental Protection Agency stepping up inspections and enforcement actions on contractors working in residences subject to the Lead: Renovation, Repair and Painting rule, NAHB has developed members-only resources to help remodelers with lead rule compliance.

Remodelers working in pre-1978 homes must comply with the rule — which includes becoming an EPA-certified renovator and following the lead-safe work practices required under the regulation — or risk fines of as much as $37,500 per violation per day and litigation.

Be Aware and Be Ready

The EPA’s regional offices have begun inspections and are initiating enforcement under the lead rule. Last month, enforcement actions were initiated against a Rockland, Maine, contractor whose employees were caught on video scraping paint from the side of an older home without using lead-safe work practice and otherwise complying with the rule.

All contractors — remodelers, HVAC contractors, window replacement specialists, etc. — working in pre-1978 housing units where painted surfaces are disturbed, must understand the requirements of the lead rule and be able to demonstrate compliance to an EPA inspector.

NAHB has learned that inspectors are requesting three years of records from firms under investigation.

These records include:

§         Signed copies (by the home owner/tenant of applicable projects) of EPA’s Pre-Renovation Disclosure Form, affirming they have received pre-renovation education from the EPA's "Renovate Right" pamphlet. This requirement pre-dates the lead rule and remodelers need to have three years of applicable records on file. 

§         A copy of “Firm Certification” by the EPA or an EPA-delegated state and a copy of “Certified Renovator Certificate,” also issued by the EPA or delegated state. Remodelers must have both these certifications on file and all certified renovators must be employed by a certified firm. Failure to have both these certifications can result in fines. To learn more about how to achieve these certifications, click here. 

§         A copy of the certified renovator’s report for each job subject to the lead rule. This includes information on any EPA-approved pre-renovation test kits used only by the “certified renovator” to determine applicability of the lead rule and the sample record-keeping checklist.

Compliance Resources

The member-only resources — which can be found at www.nahb.org/leadcompliance — include downloadable documents such as:

• A sample lead paint rule compliance checklist
• S ample contract language
• A pre-renovation disclosure form
• A sample record-keeping checklist, and more

For more information on the lead rule, visit www.nahb.org/leadpaint; or email Matt Watkins at NAHB, or call him at 800-368-5242 x8327.

NAHB Develops Lead Rule Compliance Resources

NAHB Develops Lead Rule Compliance Resources

The U.S. Environmental Protection Agency is stepping up inspections and enforcement action on all types of contractors working in pre-1978 residences subject to the Lead: Renovation, Repair and Painting rule.

Remodelers working in pre-1978 homes must follow the rule or risk fines and litigation for regulation violations.

NAHB has developed member-only resources to help with lead rule compliance atwww.nahb.org/leadcompliance.

Be Aware and Be Ready

The EPA’s regional offices have begun inspections and enforcement under the lead rule. NAHB has learned that inspectors are requesting three years of records from firms under investigation.

Any contractor (remodeler, HVAC contractor, window replacement specialist etc.) working in pre-1978 housing units where painted surfaces are disturbed must understand the requirements of the lead rule and be able to demonstrate compliance to an EPA inspector.

EPA representatives are requesting records including:

• Signed copies (by the home owner/tenant of applicable projects) of EPA’s Pre-Renovation Disclosure Form that affirms they have received pre-renovation education in the form of the EPA's Renovate Right pamphlet. This requirement pre-dates the lead rule and remodelers need to have three years of applicable records on file.
• Copy of “Firm Certification” by the EPA or state (list of EPA-Delegated states) and a copy of “Certified Renovator Certificate” received from the EPA or state. Remodelers must have both these certifications on file and all Certified Renovators must be employed by a Certified Firm. Failure to have both these certifications can result in fines. Learn more about how to achieve these certifications. 
• Copy of the Certified Renovator’s report for each job subject to the lead rule. This includes information on any EPA-Approved Pre-Renovation Test Kits used only by the “Certified Renovator” to determine applicability of the LRRP Rule and the Sample Record Keeping Checklist.

Compliance Resources

NAHB has created resources to help with lead rule compliance and record keeping. The member-only webpage includes downloadable documents, such as a sample lead paint rule compliance checklist, sample contract language, pre-renovation disclosure form, sample record keeping checklist, and more.

For more information on the lead rule, visit www.nahb.org/leadpaint; or email Matt Watkins, or call him at 800-368-5242 x8327.

GOOD NEWS ABOUT RRP

July 15, 2011 - The National Association of Home Builders commends the U.S. Environmental Protection Agency for rejecting a proposal to add third-party clearance testing to the Lead: Renovation, Repair and Painting Rule (RRP).

At NAHB's request this regulation was selected for review by the EPA under the Presidential Executive Order for Regulatory Review (Improving Regulation and Regulatory Review, 76 FR 3821 issued on Jan. 21) concerning the impact of federal rules on small businesses and job creation.

The lead rule applies to homes built before 1978 and requires renovator training and certification, following lead-safe work practices, containing and cleaning dust, and record keeping.
Under the lead paint rule contractors have been required to wipe down the project area after completing remodeling or renovation work and match the result to an EPA-approved card to determine whether lead paint dust is still present - a process that EPA says is "effective at reducing dust lead levels below the dust-lead hazard standard."

The proposal would have required contractors to hire EPA-accredited dust samplers to collect several samples after a renovation and send them to an EPA-accredited lab for lead testing. Because of the cost of this as well as the waiting period for test results and the limited number of accredited labs nationwide, professional remodelers were very concerned about home owners' willingness to undergo the process.
"The EPA has maintained its common sense approach to keeping families safe during renovation," said Peterson. "Hiring trained professional remodelers to contain dust, use lead-safe work practices, and clean up has been shown to successfully minimize lead hazards and protect individuals from lead exposure."

Several problems with the rule still remain. The EPA has yet to recognize an efficient, low-cost lead test kit that meets the requirements of the regulation. And last year the agency removed a key consumer choice measure - the opt-out provision - which allowed home owners with no children or pregnant women in residence to waive the rule's requirement. In this down economy, consumers are still balking at the extra costs of the rule and often choose to reduce the amount of work done on their homes, hire uncertified contractors, or endanger themselves by attempting the work themselves.