Renovation, Repair and Painting Rule Changes in July

RRP – July 6, 2010

Lead Safe Certified Firms need to be aware of the many changes that will take place in the Renovation, Repair and Painting Rule on July 6, 2010.

Comments Due

The EPA would like to hear your comments on 2 proposed future changes in the RRP. July 6, 2010 is the deadline for sending in your comments. A “comment” is EPA’s way of saying they would like to hear your opinion and reasoning of why a regulation should or should not be changed or implemented.

The first proposed change they would like your comment on, is the addition of clearance testing. As the rule stands now, Lead Safe Certified Firms have the option of letting their Certified Renovator perform the cleaning verification (commonly referred to as the white glove test) or of having a clearance test.

In the proposed change, a clearance test will be a requirement in certain situations.
A Clearance Test is where a third party person, usually a lead inspector or lead assessor, comes in and wipes an area with a moist wipe. That wipe is sent to an EPA approved laboratory to verify the amount (if any) of lead dust. You can learn more about this at http://edocket.access.gpo.gov/2010/pdf/2010-10102.pdf

The second proposed change is where they are considering including public and commercial buildings in the RRP. To learn more, go to http://edocket.access.gpo.gov/2010/pdf/2010-10097.pdf

You can make your comment by going to http://www.regulations.gov/search/Regs/home.html#home. For a comment on the clearance test, direct your comments to docket ID number EPA–HQ–OPPT–2005–0049. For the public and commercial, direct your comments to docket ID number EPA–HQ–OPPT–2010–0173.

Rule Changes

Also on July 6, 2010, changes to the Renovation, Repair and Painting Rule go into effect.

The Opt-Out provision finally disappears. It is the general consensus that you need to be through with disturbing painted surfaces in the project before July 6. A safer threshold would be if you are not going to be completed with the entire project before July 6, you should plan on following the RRP.

There will be 2 record requirement changes. The first is, that a copy of the sample checklist should be given to the homeowner/tenant along with the final invoice or 30 days after the end of the project, whichever comes first. You can use your own forms, but it must include all items listed in the sample checklist. A copy of the sample checklist can be found at http://www.epa.gov/lead/pubs/samplechecklist.pdf.

The second record requirement change is if you decide to use clearance test, instead of verification. If you do, a copy of the lab report should be given to the homeowner/tenant within the same time frame as mentioned above.

Once a rule is implemented, it is difficult to change it. So now is the time to express your opinion by offering a comment.

- Dean Lovvorn
www.certifiedrenovatorcouncil.org