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October 14‚ 2011
EPA Revises Lead Paint Rules for Building Renovations
By Jennifer Sulla
The U.S. Environmental Protection Agency (EPA) will not
require dust wipe tests under the Renovation, Repair and Painting Rule (RRP
Rule) in connection with work that disturbs lead-based paint in pre-1978
housing and facilities serving children under six. The revised RRP Rule was
effective on October 4, 2011. EPA has announced it will increase
enforcement of the lead paint rules and has begun assessing penalties under
the RRP Rule.
In May 2010, EPA proposed several revisions to the RRP Rule,
including requiring dust wipe testing after certain types of renovations to
demonstrate that remaining dust lead levels are below clearance
levels. After receiving over 300 comments, EPA decided not to impose
these requirements, concluding that the work practices already established
in the RRP Rule are “reliable, effective, and safe.” EPA said its decision
is consistent with the original intent of the RRP Rule: renovators should
address the lead-based paint hazards created during renovation but are not
required to go beyond the scope of the renovation activity. For instance,
the RRP Rule does not require renovators to clean dust in areas beyond
those in and around the work area. Nor does it require renovators to
replace carpets or refinish or seal floors in the area of the
renovation.
EPA did, however, promulgate other proposed revisions.
Renovators will now be allowed to collect paint chip samples from
components to be affected by a renovation for testing by a certified
laboratory, instead of using test kits to determine whether lead-based
paint is present.
EPA also made minor revisions in the training provider
accreditation and application process, clarified certain training and
recordkeeping requirements and established a minimum penalty authority for
state and tribal programs.
Finally, EPA clarified the requirements for vertical
containment for certain exterior renovations, prohibited or restricted work
practices, the use of high-efficiency particulate (HEPA) vacuums and
on-the-job training provided by renovators.
EPA is increasing its enforcement of the lead paint rules,
with a focus on education, recordkeeping and reporting requirements, and
work practice standards. The National Program Manager Guidance, issued by
EPA’s Office of Enforcement and Compliance in April 2011, directs the
regions to “promote compliance with all of the [lead-based paint rules]
with a significant focus on the [RRP Rule].”
In particular, the Guidance instructs that 60% of
inspection/enforcement actions under EPA’s Toxic Substances Control Act
(TSCA) programs should focus on lead-based paint, with the majority of
those directed to the RRP Rule.
EPA has already brought one enforcement action for violation
of the RRP Rule. It filed a complaint in May 2011 seeking penalties against
a Rockland, Maine renovator for six violations of the RRP Rule, including
failing to contain dust and debris generated during a repainting project
and for failing to ensure that employees were properly trained or
supervised. EPA learned of the violations through an anonymous tip
linking to a YouTube video taken in October 2010. EPA is seeking civil
penalties of up to $37,500 per day per violation, for a minimum of
$225,000.
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