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

other requirements of the RRP Rule.) Also, the RRP Rule does not supersede more stringent federal, state,
or local requirements for renovations. 272
Affected Entities
The RRP Rule covers entities that typically perform renovations, such as home improvement contractors –
and those that do not, such as property owners and managers, school districts, and non-profit organizations
that perform property maintenance or other activities within the purview of the rule. Affected entities
include:
• Builders, building inspection services;
• Contractors (e.g., painters; plumbers; electricians; and heating/air conditioning, drywall, carpentry, tile,
and glass contractors);
• Property managers and maintenance workers;
• Child-care services, schools with kindergarten or pre-school classrooms; and
• Technical and trade schools, and other training providers. 273
EPA estimates that the RRP Rule will apply to approximately 38 million properties 274 and 200,000
entities 275 -- and that the rule’s lead-safe work practices will be required in 8.4 million projects the first year
the rule is fully implemented (2010). 276
These staggering numbers have obvious implications for EPA’s inspection and
enforcement programs for the RRP Rule, and probably for other LBP rules as well,
since EPA will need to focus limited resources strategically for the most effective
impact on a large regulated universe. 277
Regulatory Framework
EPA will operate the RRP Rule program nationwide, except where States/Tribes obtain authorization to
administer and enforce RRP programs within their respective jurisdictions. 278
The rule contemplates four levels of qualification for the regulated community – all of which flow from
having accredited training programs in place (thus, training accreditation is the initial activity on the rule’s
implementation schedule), i.e.:
• Training programs -- must obtain accreditation, by application to EPA (or a State/Tribe). 279
• Renovation Firms -- must obtain certification, by application to EPA (or a State/Tribe). 280 A “firm” may
272 73 Fed. Reg. 21692, 21744, 21748, supra note 160. Several states regulate renovations, such as California, Colorado,
Indiana, Iowa, Maine, Massachusetts, Michigan, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Wisconsin,
Wyoming. See e.g., EPA, Economic Analysis for the TSCA Lead Renovation, Repair, and Painting Program Final Rule for Target
Housing and Child-Occupied Facilities (March 2008), www.regulations.gov.
273 73 Fed. Reg. 21692, 21752, supra note 160.
274 73 Fed. Reg. 21692, 21750, supra note 160.
275 73 Fed. Reg. 21692, 21753, supra note 160 (189,000 small entities alone).
276 73 Fed. Reg. 21692, 21750, supra note 160. EPA estimates 4.4 million regulated projects annually once improved test kits
for “lead-free” determinations become available in 2011. Id.
277 See Part VI of this book, Federal Lead-Based Paint Enforcement Programs.
278 See section III.D, above.
279 40 C.F.R. § 745.81(a)(1); § 745.225(a)(3).
36 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK