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EPA Deadline for Lead Safety Renovations
Friday, July 30, 2010
The U.S. Environmental Protection Agency (EPA) recently announced it will delay enforcement of the new Lead Renovation, Repair and Painting Program (RRP) regulations. The Agency issued a memorandum providing renovation firms and workers additional time to obtain necessary training and certifications to comply with its new lead paint rules. EPA's decision is a win for AGC of America and AGC of Maine; both trade groups worked to inform the Agency of the difficult timeline the rule would impose on contractors. EPA announced it will not fine renovation workers if he or she enrolls in or applies to enroll in a certified renovator class by September 30, 2010, and completes training by December 31, 2010. See the attached flyer for additional information and register for our September 28 class at the Pensacola AGC Office! This class will fill up fast! Additional Information: The June 18 EPA memo is online at http://www.epa.gov/lead/pubs/giles_RRP_memo.pdf. The Lead RRP rule took full effect April 22, 2010. The rule applies to paid contractors working in pre-1978 housing, and child-occupied facilities (e.g., schools and day-care centers) with lead-based paint. The current rules require construction firms and individual workers who perform renovations, repairs and/or painting projects in regulated facilities to comply with federal (TSCA Section 402(c)(3)) accreditation, training, certification, lead safe work practice, and recordkeeping requirements - or risk fines of up to $37,500 per day per violation. There are few EPA-"accredited" trainers available to educate construction workers on these new requirements. In addition to the enforcement delays noted above, EPA will not take enforcement action for violations of the Lead RRP rule's firm certification requirement until October 1, 2010, according to EPA's memo. (It should be noted, however, that only the certification requirements are being delayed; any failure to follow lead safe work processes would trigger an immediate violation.) EPA's decision to delay enforcement of certain Lead RRP requirements follows the passage of an amendment to the fiscal year 2010 supplemental appropriations bill from Senator Susan Collins (R- Maine) that would prevent EPA from fining contractors for noncompliance with the training requirements for lead paint hazard mitigation if the contractors sign up for the mandatory EPA training by September 30, 2010. For more background information on EPA actions widen the rule's potential impact on the construction industry, click here.