Last Friday the EPA announced several amendments to the RRP rule that will affect your business. For full details visit the EPA website at http://www.epa.gov/lead/new.htm.

To summarize:

The record keeping requirements have been changed. We now must give copies of our records within 30 days of the final invoice or completion of the project to the home owner or resident.  The records that we turn over must demonstrate compliance with the training and work practices of the RRP rule, basically the checklist and the results of any testing. The Opt-Out provision has been eliminated and lead safe work practices will apply to all pre 1978 houses.  This is something we have been expecting and most of us were informed during our training this provision would be removed. Both of these amendments are final and will take effect 60 days after publication in the Federal Register.  The Renovate Right brochure will be amended accordingly by the EPA and NARI will alert its members when the new brochure is available. The EPA also issued a guidance letter on April 20, 2010 to its Enforcement Division Directors in all regions announcing the rule would be fully effective on April 22, 2010.  EPA will not take any enforcement action against firms who have applied for firm certification before April 22 and are just waiting for their paperwork, they expect these applications to be processed by June.  EPA will still enforce rules about work practices and training requirements for these firms.  This letter makes no mention of firms that apply after April 22 for firm certification so they are telling their enforcement people to go to work and begin enforcement.If your firm is not certified and you do not have trained renovators on staff you will be breaking the law!

The EPA also published two proposed amendments to the RRP that are now open for comment. Lead: Clearance and Clearance Testing Requirements for RRP will require dust wipe testing after completing the existing cleaning verification procedures for some/most renovations.  The EPA will be accepting comments on this proposal for 60 days and expects to finalize the amendment by July 2011.Lead: RRP for Public and Commercial Buildings will apply lead-safe work practices and training requirements to public and commercial buildings.  The EPA has set deadlines to issue a proposal by December 15, 2011 and take final action by July 15, 2013. NARI will be actively involved during the comment period for both of these amendments. The changes to the clearance procures are a huge change and will make the renovation process much more expensive with required dust wipe samples sent to an independent testing lab for verification that lead levels are below prescribed levels.  The current text is very confusing about the types of projects that this will effect, but it seems to be most projects!In the publications made on the 23rd the EPA asks for specific comments on proposals made in these amendments.  While anyone is free to make comments directly to the EPA, comments that come from an association, grouped together will carry more weight so we ask that you forward any comments directly to NARI so that we may compile an educated response to these amendments. Look for more information about the proposed clearance testing from NARI in the immediate future.