Late last week, without any notice, the US EPA announced new guidelines on the implementation of the Renovation, Repair, and Painting (RRP) Rule, (aka the Lead Rule) that went into effect on April 22, 2010. The Lead Rule was implemented as part of a long standing government effort to prevent lead poisoning in children.

By now contractors should be aware that starting April 22, 2010, work that disturbs more than 6 square feet of painted surface area per room in a home or building built before 1978 where children may be present must be completed by a firm that is accredited by the EPA and whose workers are trained and certified in lead safe work practices.

In a memo released by the EPA Office of Enforcement and Compliance Assurance, EPA Regional offices are directed to delay enforcement on two of the provisions of the Lead Rule.  However, contracting firms must still comply with many of the Lead Rule’s requirements, including the use of lead-safe work place practices.

What the Enforcement Delay Means for Contractors:

Until October 1, 2010, EPA will not take enforcement action for violations of the RRP Rule’s firm certification requirement.

Contracting firms that work in the target housing or buildings where children may be present must be certified by the EPA before they can perform work that is covered by the Lead rule. Even though the Lead Rule became effective April 22, 2010, EPA will relax enforcement of this requirement until October 1, 2010.

To get certified, contracting firms submit an application form to EPA along with a $300 application fee. Firm certification applications and instructions can be found here.

So if you plan to do work that might trigger the Lead Rule and have yet to certify your firm with EPA, you can still do so without penalty until October 1.

For violations of the RRP Rule’s renovation worker certificate requirement, EPA will not enforce against individual renovation workers if the person has applied to enroll in, or has enrolled in, by not later than September 31, 2010, a certified renovator class to train contractors in practices necessary for compliance with the final rules. Renovators must complete the final training by December 31, 2010.

Once a contracting firm has applied for certification, at least one employee must be trained and certified to follow lead-safe work practices in order for the firm to be fully compliant. Individuals can become certified renovators by taking an eight-hour training course from an EPA-approved training provider. Click here to find out how you or one of your employees can find a training course near you.

In order to prove that you have applied to enroll in or enrolled in an approved training course, it is recommended that contractors print and save receipts or confirmation emails from EPA approved trainers.

EPA will continue to enforce the work practice requirements of the RRP Rule.

It is important to understand that even if your firm is not certified and your renovating employees have not been trained by an EPA certified trainer, contractors must still abide follow the work place practices outlined in the Lead Rule. These include containing the work area, minimizing dust, and thoroughly cleaning the area when work is complete.

For more detailed information about the work practice requirements, see EPA's RRP website or EPA's brochure on Steps to Renovation, Repair, and Painting.

For more complete information about the Lead Rule and how it applies to renovating contractors, go to RRP website.