On Aug. 26, the Environmental Protection Agency (EPA) settled a lawsuit brought against it by the Sierra Club and others concerning its Renovation, Repair and Painting (RRP) Regulations. The regulations, which are set to go into effect in April 2010, create new compliance obligations for market-rate and affordable pre-1978 properties not certified lead-free.
Specifically, they require workers who disturb lead-coated surfaces to complete an EPA-certified training course on lead-safe work practices. Workers must also verify that the work site was appropriately cleaned based on EPA standards. (Comparable but not identical, regulations have been in effect for federally assisted properties since 1999.)
Among other things, the advocacy groups strongly opposed the fact that the regulations allowed work areas to be cleaned to meet a “white glove test” rather than relying on lab analysis of dust wipes to assure that a work area was left lead hazard-free.
Under the settlement agreement, EPA now will reconsider its regulations and will issue a series of rulemakings in the coming months. The rulemakings will seek comments on how such work should be conducted, how work areas should be cleaned and tested and how residents will be notified.
In response to questions from NAA/NMHC on how the settlement agreement will impact the implementation of the RRP regulations, EPA stated in a letter dated Sept. 2:
"We are not currently planning to extend the April 2010 effective date for firm and renovator certification and lead-safe work practices. EPA believes that it is important for the certification, training and work practice requirements to take effect as soon as possible. As we propose changes in the requirements for cleaning verification, dust testing, and clearance, we will also have to consider how best to update certified renovation firms and certified renovators with any changes in the requirements. Although we cannot predict the outcome of these regulatory amendments, we probably would not favor a requirement for persons who have already taken a renovator course accredited under the RRP rule to take additional training.”
NMHC will continue to work with EPA as these rules are developed. More information on the regulations, including an NAA/NMHC memorandum outlining the rule, is available at www.naahq.org/governmentaffairs