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

and the renovator performed (or directed uncertified workers who performed) the required work practice
tasks and post-renovation cleaning verification. 405
EPA has developed a recordkeeping checklist and certification statement. 406
Information to Customers
Within 30 days of completing a renovation, a firm must provide to “the person who contracted for the
renovation” (the customer) the following information:
• If a test kit was used (for a lead-free determination), then the kit manufacturer and model, a description
of the components tested, and the test kit results. 407
• If dust clearance sampling was performed (in lieu of cleaning verification), then a copy of the dust
sampling report. 408
The RRP Rule does not require that this information be provided to any other persons including the
residents. The federal Disclosure Rule, however, requires that this information be provided to subsequent
tenants (and purchasers) of the renovated property if the owner or agent has it. 409 Also, a current tenant who
renews a lease is entitled to this new information upon lease renewal if it has not already been disclosed. 410
An Enforcement Perspective
Full adherence to recordkeeping requirements is important. The majority of EPA (and HUD) LBP
“inspections” are record reviews – and most enforcement actions are based upon non-compliance as
indicated by absent or defective records. 411 Moreover, EPA has announced that for the RRP Rule “EPA
has determined that a review of the records maintained by renovation firms will be an effective method of
determining whether a particular firm is generally complying with the regulations or not.” 412
Notwithstanding EPA’s potential focus on record review inspections, it may conduct on-site inspections,
particularly where an ongoing hazard is alleged.
4-7. Enforcement and Inspections 413
The RRP Rule (like the PRE Rule) provides that EPA may conduct inspections and issue subpoenas under
Section 11 of TSCA, and that noncompliance may subject violators to civil or criminal penalties under
Section 16 of TSCA. 414 The RRP Rule adds a presumption that LBP is present in regulated renovations. 415
405 40 C.F.R. § 745.86(b)(7).
406 Future Sample Renovation Recordkeeping Checklist (effective April 2010),
www.epa.gov/lead/pubs/renovation.htm#contractors.
407 40 C.F.R. § 745.86(c).
408 40 C.F.R. § 745.86(d).
409 73 Fed. Reg. 21692, 21718, supra note 160, referring to 24 C.F.R. § 35.88(a)(4); 40 C.F.R.
§ 745.107(a)(4)(seller and landlord must provide any records or reports pertaining to LBP and/or LBP hazards).
410 24 C.F.R. § 35.88(a)(4); 40 C.F.R. § 745.107(a)(4).
411 See Part VI of this book, Federal Lead-Based Paint Enforcement Programs.
412 73 Fed. Reg. 21692, 21746, supra note 160.
413 40 C.F.R. § 745.87.
414 40 C.F.R. § 745.87, referring to 15 U.S.C. §§ 2610, 2614, 2615.
415 40 C.F.R. § 745.87(e).
NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 57