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

Optional Dust Clearance Testing
Cleaning verification is not required if the renovation contract or applicable law requires the renovation firm
to perform post-renovation dust clearance testing, and requires:
• a certified inspector, risk assessor or DST to collect the dust clearance samples; and
• the firm to re-clean the work area until the sample results are below the applicable clearance standards. 393
The firm must give the customer a copy of the dust sampling report within 30 days after completing the
renovation. 394 (The Disclosure Rule requires disclosure of results to future tenants and buyers. 395 )
4-6. Recordkeeping Requirements 396
Overview 397
The RRP Rule (like the PRE Rule) requires regulated entities to retain records for three years, and make
records available to EPA upon request. 398 The new rule also requires retention of the same records as under
the PRE Rule, plus records pertaining to new RRP Rule obligations.
Records to be Retained
The RRP Rule (like the PRE Rule) requires that firms retain:
• Reports certifying lead-free determinations by a certified inspector (or risk assessor 399 );
• The owner/occupant’s acknowledgement of receiving the lead pamphlet, or certification of mailing or
attempted delivery 400 ; and
• Records of pre-renovation education for work in common areas. 401
Also, the RRP requires firms to retain:
• Records of pre-renovation education to parents at COFs 402 ;
• Owners’ declarations for the owner-occupant opt-out exemption 403 ;
• Records for the emergency exemption, stating the nature of the emergency and the provisions not
followed 404 ; and
• Detailed certifications regarding compliance with the work practice standards -- including that a certified
renovator was assigned to the project, the renovator provided on-the-job training for uncertified workers,
393 40 C.F.R. § 745.85(c).
394 40 C.F.R. § 745.86(d).
395 24 C.F.R. § 35.88(a)(4); 40 C.F.R. § 745.107(a)(4). See also section III.F.4-6, below.
396 40 C.F.R. § 745.86.
397 The RRP Rule deleted as “duplicative” the TSCA Confidential Business Information (CBI) provisions in the PRE Rule,
formerly 40 C.F.R. § 745.84. TSCACBI provisions are set forth at 40 C.F.R. Part 2.
398 40 C.F.R. § 745.86(a). Firms must hold records longer if required to do so by other laws or obligations. Id. See also id. §
745.87 (make records available or accessible for copying for enforcement purposes).
399 40 C.F.R. § 745.86(b)(1). There are apparent typographical errors in the published rule. Section 745.86(b)(1) states that a
firm must retain reports of lead-free determinations “made by an inspector . . . as described in § 745.82(b)(1)” – whereas it
probably should state “made by an inspector or a risk assessor . . . as described in § 745.82(a)(1).” See 40 C.F.R. §
745.82(a)(1).
400 40 C.F.R. § 745.86(b)(2)-(4). The firm may use EPA’s sample form. Future Sample Pre-Renovation Form,
www.epa.gov/lead/pubs/renovation.htm#tenants.
401 40 C.F.R. § 745.86(b)(5).
402 40 C.F.R. § 745.86(b)(5).
403 40 C.F.R. § 745.86(b)(6). See Future Sample Pre-Renovation Form, supra, note 400.
404 40 C.F.R. § 745.86(b)(7).
56 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK