B. Federal Lead-Based Paint Enforcement Bench Book - National ...

On April 22, 2008, EPA published the final Renovation, Repair, and Painting Rule. 262 The RRP Rule
took effect June 23, 2008, but the various obligations will be phased in over two years, as discussed below.
Hence, the RRP Rule will be fully effective April 22, 2010. 263
Also on April 22, 2008, EPA published notice of its new renovation-specific lead hazard information
pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools
(Renovate Right). 264 As explained below, effective December 22, 2008, the RRP Rule requires distribution
of the new Renovate Right pamphlet, rather than the Protect Your Family pamphlet, prior to renovation
activities. 265
2. Overview
Scope
The RRP Rule applies to target housing and child-occupied facilities 266 – and covers “all types of building
renovation, repair, and painting projects . . . so long as painted surfaces are disturbed.” 267 (An outline of
the numerous provisions of the RRP Rule discussed in this chapter is set out in Fig. 9: Summary of RRP
Rule, below.)
The rule is designed to ensure that:
• Owners and occupants of target housing and COFs receive LBP hazard information before renovations
begin;
• Persons performing renovations covered by the rule are properly trained and follow lead-safe work
practices; and
• Renovation firms, renovators, and DSTs are certified. 268
The rule aims to minimize exposure to LBP hazards and dust created during renovations – but not to make
renovation firms responsible for the cleanup of pre-existing hazards. 269 The rule relies on the “combined
effectiveness” of training, containment, cleaning, and cleaning verification. 270 It employs a so-called “white
glove” comparison (cleaning verification), rather than clearance testing, to verify adequate post-renovation
cleanup. 271 (Clearance testing is allowed if required under a contract or another law, and it comports with
262 73 Fed. Reg. 21692, supra note 160. The final rule generally follows the Proposed Rule, as modified by the Supplemental
Proposed Rule to cover child-occupied facilities. 71 Fed. Reg. 1588 (Jan. 10, 2006)(proposed rule) and 72 Fed. Reg. 31022
(June 5, 2007)(supplemental rule).
263 See 40 C.F.R. § 745.81. 73 Fed. Reg. 21692, 21748, supra note 160.
264 See 73 Fed. Reg. 21769 (Apr. 22, 2008). EPA also has developed an informational pamphlet for contractors, Contractors
Lead Safety During Renovation, www.epa.gov/lead/pubs/renovation.htm#tenants.
265 See sections III.F.4-3 and 4-4, below.
266 The RRP applies only to target housing and COFs although TSCA Section 402(c)(3) also directed EPA to regulate
renovations in pre-1978 “public buildings” and in “commercial buildings” that create LBP hazards. 15 U.S.C. § 2682(c)(3).
EPA has determined that it does not have sufficient information with which to conclude that renovations in buildings not
frequented by young children create LBP hazards. 73 Fed. Reg. 21692, 21707, supra note 160.
267 73 Fed. Reg. 21692, 21709, supra note 160.
268 40 C.F.R. § 745.80.
269 73 Fed. Reg. 21692, 21701, 21739-40, supra note 160.
270 73 Fed. Reg. 21692, 21700, 21738, supra note 160.
271 73 Fed. Reg. 21692, 21736-21743, supra note 160.
NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 35