U.S. EPA Renovate, Repair, and Painting Rule

Approximately 34 million pre-1978 housing units contain paint that meets the Federal definition of “lead-based paint” (Source: American Healthy Homes Survey: Draft Final Report for Peer Review: Lead and Arsenic Findings, October 7, 2008).

EPA’s RRP Rule assumes that any house built before 1978 contains lead-based paint, unless the house has been tested for lead-based paint and the results indicate that the house does not contain lead-based paint.

Components most likely to be coated with lead-based paint include windows and doors (interior and exterior), as well as exterior walls and porches.

Year House was Built % of Houses with Lead Based Paint
Before 1940 86%
19040 - 1959 66%
1960 - 1978 25%
All Housing 35%

EPA’s Renovation, Repair and Painting Final Rule:

Published April 22, 2008, under the authority of the Toxic Substances Control Act (section 402(c)(3) of TSCA).
After April 22, 2010, the final rule addresses lead-based paint hazards created by renovation, repair and painting activities that disturb lead-based paint in “target housing” and “child-occupied facilities.”

Target Housing is a home or residential unit built on or before December 31, 1977, except:
Housing designated for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing).
Any zero-bedroom dwelling (e.g. studio apartments, hospitals, hotels, dormitories, etc).

A Child-Occupied Facility is a pre-1978 building that meets all three of the criteria below:
> Visited regularly by the same child, under 6 years of age.
> The visits are on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours.
> Combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.

Child-occupied facilities may be located in a public or commercial building or in target housing. These facilities include schools, child care facilities, and daycare centers.

State Authorization: EPA may authorize states, territories and tribes to enforce all aspects of the RRP Rule. Such states are called “Agreement states.” EPA enforces the Rule in non-Agreement states.

The RRP Rule requires that an individual Certified Renovator be responsible for the renovation job regardless of the level of training and certification of the other persons working on the job. This individual Certified Renovator has the following responsibilities.

> Perform work and direct the work of non-certified renovation workers.
> Train all non-certified workers on-the-job in lead-safe work practices.
> Maintain copies of initial and/or refresher training certifications onsite.
> Conduct testing for lead-based paint using EPA-recognized test kits and report findings.
> Remain onsite during the sign posting, work area setup, and cleanup phases of work.
> When not on site, be available by telephone or pager.
> Make sure that the containment is maintained in a way that prevents the escape of dust and debris. This responsibility implies a need to determine which work practices should be used to minimize dust.
> Conduct the cleaning verification procedure to make sure that the work is complete and that the work area is ready to reoccupy.
> Prepare a summary of the work, maintain training and certification records, and certify that all work was done in a lead safe manner.

On the Job Records
The Certified Firm must designate (in writing) a Certified Renovator to be responsible for each renovation job in target housing or a child-occupied facility. This is the logical person to organize and maintain on-the-job records during the work. On the jobsite, the records should be kept in a safe, secure, clean and dry place. Once the project is complete, some records can be filed with other firm records while others may need to be moved to the next job site.

Records to be maintained on site include:
> Copy of Certified Firm and Certified Renovator(s) certifications.
> Non-certified worker training documentation.

Records to be maintained to document the job:
>Copy of Certified Firm and Certified Renovator(s) certifications.
>Non-certified worker training documentation.
>Designation of a Certified Renovator to the job.
>Information on and results of use of EPA-recognized test kits provided by a Certified Renovator who acted as the representative of the Certified Firm at the job site and who conducted testing for the presence of lead-based paint on surfaces to be affected by the renovation.
> Lead-based paint inspection reports provided by a Certified Lead Inspector or Certified Lead Risk Assessor, if applicable.
> Proof of owner/occupant pre-renovation education
Opt-out certification by owner-occupant, when they qualify to, and decide to, opt-out of lead safe work practice requirements.
> Any other signed and dated documents from the owner(s) and/or residents regarding conduct of the renovation and requirements in the EPA RRP Rule.
> All reports required from the Certified Firm and the Certified Renovator by the EPA RRP Rule.


Resources:
EPA Renovate, Repair, and Painting
http://www.epa.gov/opptintr/lead/pubs/renovation.htm
Information for Property Onwers of Rental Homes:
http://www.epa.gov/opptintr/lead/pubs/renovation.htm#owners
Information for Property Managers and Realtors
http://www.epa.gov/opptintr/lead/pubs/renovation.htm#realtors