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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
e a company; partnership; corporation; sole proprietorship; association; non-profit organization; or federal, state, tribal, or local government. 281 • Renovators and DSTs – must obtain certification, by completing accredited training (not by application to EPA or a State/Tribe). 282 Every renovator must be affiliated with a renovation firm. Therefore, an individual who performs renovations on his/her own must obtain both firm certification, and renovator certification. • Workers – must receive on-the-job training from certified renovators. 283 See Fig. 8: RRP Rule Regulatory Framework. A State/Tribe may seek authorization to operate the PRE program, and/or the RRP program (i.e., the RRP Rule’s training, certification, accreditation, work practice requirements). 284 These programs must be at least as protective as EPA’s program (but not necessarily identical 285 ), and must provide for adequate enforcement. 286 The rule does not contemplate an extension of the implementation deadlines. Therefore, if a State/Tribe has not obtained authorization by April 22, 2009 (the date by which training programs may apply for accreditation), then EPA will implement the RRP program in that jurisdiction 287 (even if the State/Tribe is in the process of seeking authorization, unless EPA extends this implementation deadline). Fig. 8: RRP Rule Regulatory Framework *From EPA or a State/Tribe. Training Programs Accreditation by application* Renovation Firms Certification by application * Renovators and DSTs Certification by course completion* Untrained Workers On-the-Job Training 3. Relationship Between the RRP Rule and Other LBP Regulations The RRP Rule modifies three TSCA LBP regulations: • The PRE Rule; • The LBP Activities Rule 288 ; and • The State/Tribal Programs Rule. 289 280 40 C.F.R. § 745.89(a)(1). 281 40 C.F.R. § 745.83. 282 40 C.F.R. § 745.90(a). 283 40 C.F.R. § 745.90(b). 284 40 C.F.R. §§ 745.320(c), 745.339. 73 Fed. Reg. 21692, 21746-21747, supra note 160. See also 15 U.S.C. § 2684(a). Several State/Tribes already operate authorized PRE Rule programs. www.epa.gov/lead/pubs/traincert.htm. (The map at this internet page does not distinguish whether the State/Tribe operates a program under the PRE Rule and/or LBP Activities Rule, but does provide hyperlinks to the internet page for each State/Tribe.) 285 73 Fed. Reg. 21692, 21748, supra note 160. 286 15 U.S.C. § 2684(b). 40 C.F.R. § 745.324. 287 See 40 C.F.R. § 745.324(f)(2). 288 40 C.F.R. Part 745 Subpart L. The RRP Rule modified the training program accreditation provisions of the LBP Activities Rule. 40 C.F.R. § 745.220, § 745.225. See also section III.C, above. 289 40 C.F.R. Part 745 Subpart Q. The RRP Rule added provisions for State/Tribal RRP programs. 40 C.F.R. NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 37
Page 1 and 2: Federal Lead-Based Paint Enforcemen
Page 3 and 4: Foreword This bench book is written
Page 5 and 6: Detailed Table of Contents I. Intro
Page 7 and 8: Renovations in Dwelling Units in Ta
Page 9 and 10: 3. Case Resolution.................
Page 11 and 12: 1. Introduction A. Lead Poisoning a
Page 13 and 14: pervasive in buildings across the n
Page 15 and 16: 2. National Commitment to Eliminate
Page 17 and 18: • The LSH Rule applies to federal
Page 19 and 20: Fig. 3: Authority to Administer & E
Page 21 and 22: Fig. 4: Federal, State, and Local L
Page 23 and 24: Acronyms and Abbreviations This boo
Page 25 and 26: “Target housing” means “any h
Page 27 and 28: In truth, federal entities (agencie
Page 29 and 30: Certified Statements Sellers and la
Page 31 and 32: Inspections EPA and HUD conduct ins
Page 33 and 34: 6. Effect on Contracts Section 1018
Page 35 and 36: 2. TSCA Lead-Based Paint Regulation
Page 37 and 38: “Lead-contaminated soil” means
Page 39 and 40: EPA published the LBP Activities Ru
Page 41 and 42: • Provisions for re-accreditation
Page 43 and 44: 2. State/Tribal Programs: LBP Activ
Page 45: On April 22, 2008, EPA published th
Page 49 and 50: 4. Summary of Provisions Fig. 9: Su
Page 51 and 52: • Do not involve any prohibited w
Page 53 and 54: • In target housing (including th
Page 55 and 56: the test results and other informat
Page 57 and 58: 4-3. Effective and Implementation D
Page 59 and 60: Fig. 13: RRP Rule Implementation Da
Page 61 and 62: o Provide the pamphlet to an adult
Page 63: “HEPA vacuum” means a vacuum cl
Page 67 and 68: and the renovator performed (or dir
Page 69 and 70: 4-9. Firm Certification and Respons
Page 71 and 72: Fig. 15: RRP Rule “Grandfathering
Page 73 and 74: 4. Resource Conservation and Recove
Page 75 and 76: 2. Requirements EPA must make three
Page 77 and 78: 4-2. In re 17 th Street Revocable T
Page 79 and 80: federal lead hazard standard is 40
Page 81 and 82: program. The rule encompasses more
Page 83 and 84: 6. Federal Lead-Based Paint Enforce
Page 85 and 86: Fig. 17: Enforcement Authority for
Page 87 and 88: EPA’s LBP enforcement and complia
Page 89 and 90: E. How Federal Enforcement Programs
Page 91 and 92: Enforcement Response Policy Title X
Page 93 and 94: 3. Case Resolution Administrative v
Page 95 and 96: dismissing EPA’s complaint. The E

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