U.S. EPA recently published in the Federal Register a Final Rule revising the Lead Renovation, Repair, and Painting Program (RRP) rule, which established accreditation, training, certification, and recordkeeping requirements as well as work practice standards for persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. As part of a settlement of litigation over the RRP rule, EPA proposed in May 2010 a number of revisions to the rule, some of which were accepted, some of which were rejected, in the Final Rule.
For example, EPA rejected the proposal regarding dust wipe testing and clearance requirements for renovation projects. This is in contrast to leadbased abatement projects, where the abatement contractor must achieve clearance, meaning that the contractor must demonstrate, through dust wipe testing, that dust lead levels remaining in the abatement work area are below the clearance levels in regulations under the Toxic Substances Control Act. Dust wipe samples for clearance purposes must be collected by a certified individual and analyzed by an entity recognized under the National Lead Laboratory Accreditation Program (NLLAP).
By contrast, EPA concluded that, “on balance, the information before the Agency does not support imposing a dust wipe testing or clearance requirement on renovations. In particular, EPA is convinced that the work practices established in the 2008 RRP rule are reliable, effective, and safe, and that imposing a dust wipe testing or clearance requirement is unwarranted.”
In the Final Rule, EPA accepted other proposals revising the RRP rule, including a provision allowing a certified renovator to collect a paint chip sample and send it to a recognized laboratory for analysis in lieu of using a lead test kit, minor changes to the training program accreditation application process, standards for e-learning in accredited training programs, minimum enforcement provisions for authorized state and tribal renovation programs, and minor revisions to the training and certification requirements for renovators.
EPA also accepted proposals clarifying the requirements for vertical containment on exterior renovation projects, the prohibited or restricted work practice provisions, and the requirements for high-efficiency particulate air (HEPA) vacuums.
Stay tuned to the Illinois Environmental Law Blog for more news and developments. To set up a free initial consultation to discuss your legal matter, please contact Chicago environmental attorney Dave Scriven-Young at (312) 239-9722 or dscriven-young@pecklaw.com.
