Lead Paint Rules - Effective April, 2010

Lead Paint Rules on Renovation and Repair to Housing, Child-care Facilities, and Schools Effective April 2010!

 
The U.S. Environmental Protection Agency (EPA) set new rules for certain contractors who renovate or repair housing, child-care facilities, or schools built before 1978.  Workers must follow lead-safe work practice standards to reduce potential exposure to dangerous levels of lead during renovation and repair activities.  
 
EPA’s “Lead Renovation, Repair and Painting Program” (RRP) rule takes full effect on April 22, 2010.  Specifically, the requirements apply to renovation, repair or painting activities where more than six square feet of lead-based paint is disturbed in a room or where 20 square feet of lead-based paint is disturbed on the exterior.  The affected workers include builders, painters, plumbers and electricians, for example. 

Requirements

The current RRP requirements require paid contractors and maintenance professionals to be trained and certified on certain mandated lead-safe work practices before renovating or repairing housing and facilities for children built before 1978.   AGC contractors need to be focused on the following compliance dates:
 

• December 2008 – Pre-renovation education requirements took effect on December 22, 2008, and require workers to distribute an EPA educational pamphlet called Renovate Right to occupants, post signs and retain records for three years; and
• April 2010 – Training, certification, and work practice requirements take effect on/after April 22, 2010.

 
As of April 22, 2010, the rule will be fully implemented.
 
The Federal Register cite is 73 FR 21691-21769, April 22, 2008 – online at http://www.epa.gov/fedrgstr/EPA-TOX/2008/April/Day-22/t8141.htm and http://edocket.access.gpo.gov/2008/pdf/E8-8141.pdf.  The final rule (codified at 40 CFR Part 745, Subpart E) first became effective on June 23, 2008; however, within the regulatory text you will the compliance/effective dates listed above (see “Section 745.81 – Effective Dates”).
 

Compliance Assistance
 

AGC has distributed news articles (http://newsmanager.commpartners.com/agcenv/issues/2010-01-27/2.html) to chapters and members explaining the legal requirements and contractor responsibilities.
 
An EPA compliance guide is available at http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf.  EPA also issued an Enforcement Alert in January 2010, available at http://www.epa.gov/compliance/resources/newsletters/civil/enfalert/leadpaint.pdf.  For copies of the educational brochures on this new program, call 1-800-424-LEAD.
 
 

Expansion of Lead Paint Requirements?
 

I also want to call your attention to a recent article we ran in AGC’s Environmental Observer which explains that EPA is currently considering whether or not to expand and strengthen requirements of the 2008 Lead RRP rule to cover renovations of both the exteriors and the interiors of all public and commercial buildings. Click here to read the article.
 
For more information on EPA's lead program contact Ed Davis at 303-388-2422 or ed@agccolorado.org. 
You can also visit the EPA site at http://www.epa.gov/lead.