CFI members, read what Attorney Jeff King writes about EPA’s Lead Renovation, Repair, and Painting Program at the World Floor Covering Association website, www.wfca.org. Thanks to WFCA for sharing this information with CFI.

EPA’s Lead Renovation, Repair, and Painting Program

In the spring of 2008, EPA enacted a new Lead Renovation, Repair, and Painting (“RRP”) Program. This program establishes an entirely new set of rules and requirements applicable to any person, company or firm conducting renovation activities that may disturb lead-based paint in certain structures. The new requirements include three principal mandates: (1) anyone undertaking renovations that may disturb lead-based paint must be trained and certified by April 22, 2010; (2) advance notice must be provided before beginning renovators that will disturb lead-based paint and (3) and records demonstrating compliance with the rule must be maintained for three years following completion of renovations.

With this deadline fast approaching, it is more important than ever that any World Floor Covering Association (“WFCA”) members involved in renovations, including dealers, contractors, installers, inspectors, cleaners and restoration companies, be aware of, and be in
compliance with, the new rules. Failure to do so can result in significant penalties under the Toxic Substances Control Act.

Application of the New RRP Rule

EPA promulgated the final RRP rule on April 22, 2008. The rule becomes effective on April 22, 2010, and applies to renovation activities that disturb lead-based paint in “target housing” and “child-occupied facilities” must be certified and must follow specific work practice standards. “Target housing” is defined as:

[A]ny housing constructed prior to 1978, except housing 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 for the elderly or persons with disabilities) or any 0-bedroom dwelling.

A “child-occupied facility” is includes “a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week . . . provided that each day’s visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.”

The rule does provide limited exemptions for minor maintenance projects and emergency renovations. Minor maintenance includes work that disturbs no more than six square feet of interior painted surfaces per room and/or no more than twenty square feet of exterior painted surfaces, so long as no work practice standards prohibited under the rule are used and the projects do not involve window replacement or the demolition of painted areas. Emergency renovations are also exempt from the rule’s pre-renovation information distribution requirements, but they are not exempt from the rule’ certification requirement, post-renovation clean-up standard and the record keeping mandate.

Certification Requirements

Companies that perform renovations must be EPA certified. In addition, those companies must apply for recertification every five years. EPA allowed firms to begin applying for certification under the rule in October 22, 2009. Certification and training does not apply only to the company, but goes to individuals performing renovation activities on behalf of a firm. These individuals must either be certified renovators or be trained by certified renovators.

Certified renovators need not be present at a renovation work site at all times, but the rule mandates that they must be onsite during the performance of certain activities and that they may not delegate certain tasks to other workers. For example, a certified renovator cannot delegate conducting a visual inspection to determine whether dust, debris or residue is still present.

To become a certified renovator, an individual must complete the appropriate training program accredited by EPA. The rule sets forth minimum curriculum requirements for a renovator training program to be accredited by EPA. For example, such a program must include hands on training in interior and exterior containment and cleanup methods.

Notice and Record Requirements

Flooring Installation Contractors to Review Concerning EPA Lead Paint Ruling – April 22, 2010

CFI is attempting to keep our members informed concerning the EPA Ruling.  It is in your best interests to investigate how the ruling affects your business locally and nationally.  This information is derived from various sources to assist you.  CFI assumes no liability for decisions made by its members.

From Willis Insurance
(Provider for the World Floor Covering Association)
If installers are disposing of flooring materials such as base board or flooring that has been painted with lead-based paint, they could have a potential exposure if not disposed of properly. The situation with lead is the similar to asbestos and that it is somewhat encapsulated, so a  risk factor would be if prying base board away from walls that are covered with lead-based paint and the wall and paint start chipping, crumbling etc. a potential problem may occur.

EPA is requiring after April 22, 2010 that any person doing renovations in certain types of structures is to be certified. Minor repair and maintenance activities that disturb 6 square feet or less of paint per room inside appear to be exempt. So, it does not sound like flooring stores or installers would be required unless they are painting or doing window replacement.  I have heard that some old wood floors may have lead in the finish I am not sure how common. But this would result in the need for certification etc. if they are sanding and finishing an old wood floor that had a lead-based finish.

This is the law and the EPA ruling applies.

INFORMATION FROM THE EPA WEBSITE:
Where lead is likely to be a hazard
Lead from paint chips, which you can see, and lead dust, which you can't always see, can be serious hazards. Peeling, chipping, chalking or cracking lead-based paint is a hazard and needs immediate attention.
Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear-and-tear. These areas include:

• Windows and window sills
• Doors and door frames
• Stairs, railings, and banisters
• Porches and fences

Note: Lead-based paint that is in good condition is usually not a hazard.
Lead dust can form when lead-based paint is dry scraped, dry sanded or heated.  Dust also forms when painted surfaces bump or rub together.  Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vacuum, sweep or walk through it.

Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. Contact the National Lead Information Center (NLIC) to find out about testing soil for lead.

INFORMATION FOR REVIEW http://www.epa.gov/lead/pubs/toolkits.htm

FROM NWFA Site (www.nwfa.org)
Lead-Paint Certification Deadline Approaches - EPA law applies to interior renovations  
Few dispute that lead is toxic and that dust from sanding, cutting, or otherwise disturbing lead paint can cause health problems both for children coming in contact with it and for adults creating the dust when renovating older housing. Most professional contractors are aware of the hazards and take appropriate precautions. But beginning next year, federal law will require contractors to be trained and certified under the U.S. Environmental Protection Agency’s 2008 Lead Renovation, Repair, and Painting Program (RRP). Any renovation activity – including flooring installations, repairs and refinishing – that disturbs six square feet on the inside of a house, school, or child-care facility built before 1978 will be subject to the regulations in the EPA program.

In fact, one provision of the RRP has been in effect since December 2008. It requires contractors to give property owners and occupants the EPA pamphlet “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools click here before starting any work on pre-1978 housing and child-occupied facilities. This pamphlet and other EPA lead-paint publications are available free at the EPA’s web site, click here. Contractors also must document their compliance with this requirement and keep a record of it for three years; a “pre-renovation disclosure form,” (click here for the form located on the EPA's web site) can be used until April 2010 (when a similar form will take its place).

The bulk of the program’s provisions, however, will go into effect on April 22, 2010. Then contractors will have to follow EPA-prescribed lead-safe work practices; and company certification, employee training and certification, and additional recordkeeping requirements will kick in. Two pamphlets designed to help contractors comply with the new rules, “Small Entity Compliance Guide to Renovate Right” click here to download the PDF document and “Lead Safety During Renovation,” click here to download the PDF document are available free at the EPA’s Web site. Though the deadline is still several months away, the EPA recommends that anyone disturbing lead paint before then follow lead-safe work practices anyway, such as containing the work area, minimizing dust, and cleaning up thoroughly.

Company certification. All firms, including self-employed contractors, working on pre-1978 housing will be required to be certified by the EPA. Initial firm certification will cost $300 and will need to be renewed every five years. Firms can begin applying to the EPA for certification on October 22, 2009, by submitting an “Application for Firms” click here to download the PDF document available from the National Lead Information Center (800-424-5323) and at the EPA’s Web site.

Employee training. In preparation for the April 2010 deadline, the EPA has developed new lead-safety certification courses to comply with the RRP rules and currently is accrediting trainers to offer them; a list of accredited trainers is available on the EPA’s Web site.

In each firm, at least one employee will need to become a “certified renovator.” This entails taking an eight-hour “Renovator Initial Training Course” from an EPA-, tribal-, or state-accredited trainer and earning a course completion certificate (a copy of which must be carried at any applicable job site). The EPA also has created a four-hour “Renovator Refresher Training Course” for contractors who already have taken an EPA/HUD lead-safety course.

At least one certified renovator will have to oversee the job site to ensure compliance with RRP rules. This person will be responsible for testing for lead and containing and cleaning the work area, as well as training other workers in any lead-safe practices that apply to their assigned activities.

Recordkeeping. Contractors will need to keep records for three years showing compliance with the RRP. The EPA has posted a sample recordkeeping checklist on its Web site. Examples of required records include lead-paint testing results, documentation that the EPA pamphlet was delivered, and documentation of lead-safe work practices.

Some states and localities have requirements for renovations on pre-1978 housing that are stricter than the EPA’s. The National Lead Information Center (800-424-5323) is one source for information about state-specific lead-paint regulations.

Adapted with permission, Professional Deck Builder magazine, July/August 2009, www.deckmagazine.com  

FROM FINE HOMEBUILDING MAGAZINE
Mandatory lead-safety certification coming in 2010
Another federal regulation that will require you to have a bigger budget…
The Rule: As of April 22, 2010, renovations conducted by professionals in pre-1978 housing must be performed by Certified Firms using Certified Renovators, trained in “lead-safe” work practices.
Who needs to be “certified”? Any contractor must comply who does renovation, repair or painting for compensation in pre-1978 housing…if the work will disturb 6 sq. ft. of painted surface in any room or 20 sq. ft. of exterior paint, or does any window replacement or any demolition.  This includes the following trades: general contractors, alteration, remodeling and renovation companies, painters, flooring contractors, restoration contractors (mold remediation, fire & water damage restoration), weatherization companies, demolition companies, maintenance companies, landlords or their employees, property managers, etc.

In less than 2 years, any contractors looking to disturb lead-based paint in homes will need to obtain EPA certification  by Chris Ermides  - FineBuilding.com

No matter where the work is done, if it involves lead paint, protect yourself and the work area, and control dust.
Plan to repair or renovate a house that was built before 1978? If so, you’ll need to follow some new rules from the Environmental Protection Agency (EPA). Beginning in April 2010, all contractors performing work that disturbs lead-based paint in homes will have to become EPA-certified renovators.

The federal regulation requires certification for renovation or repair work that disturbs 6 sq. ft. inside or 20 sq. ft. outside a home where children younger than 6 years old live or visit regularly.
Child-care facilities and schools also fall under this new regulation. In addition to following specific work practices, contractors must provide homeowners with lead-hazard information pamphlets.

To earn certification, contractors will need to complete an EPA-accredited training course. Some contractors who are already certified to work with lead-based paint will have to take only a refresher course.

The EPA is rolling out the new rules in phases. Training courses don’t exist yet and won’t be available until after April 22, 2009.

If requested by the contracting party, certified renovators will be required to use an acceptable test kit to determine whether lead-based paint is present in work areas. They’ll also have to train crew members and be at the work site during key stages of a renovation.

Beginning in December 2008, contractors will need to provide homeowners with a pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools. Until then, the pamphlet, along with additional information about the regulation, can be found at www.epa.gov/lead.

Commentary: EPA's new rules will affect contractors in 2010

Daily Journal of Commerce (Portland, OR), Dec 21, 2009 by Hafez Daraee Attorney

Exposure to lead-based paint is harmful to everyone, but especially children. Because lead affects a child's brain and developing nervous system, it can weaken cognitive functions and cause behavior problems and learning disabilities. Lead is most commonly found in dust, soil and paint chips, and is especially problematic because its presence cannot be detected by the naked eye. Prior to the 1978 ban, harmful lead-based paints were used in more than 38 million homes across the country.

In response to the magnitude of this problem, the Environmental Protection Agency in 2008 updated its rules to prevent poisoning from lead-based paint. These new rules immediately changed the certification requirement for businesses providing abatement services. Next year, EPA's revised rules will directly impact contractors.

Beginning in April 2010, federal law will require all contractors performing renovation, repair or painting projects that disturb lead- based paint in homes, child-care facilities or schools built prior to 1978 to be certified and to follow specific work practices to prevent lead contamination.

These new federal laws will apply if the project affects more than 6 square feet of interior space
or more than 20 square feet of exterior space. It is the EPA's intent to target homes, schools and commercial buildings where children are present. Children are considered to be "present" if any child under age 6 visits the same facility on two different days a week, for at least three hours each day or six hours each week, or 60 hours per year.

Most of the EPA's rules regarding lead-based paint focus on work- site practices. For example:

1. Abatement services can be performed only by certified firms that employ certified employees.

2. For interior work:
All items within the work space must be either removed or covered with impervious material and sealed in order to eliminate contamination;
All ducts and other heating/ventilating openings must be sealed with impervious coverings; and
Rugs and other floor coverings must be sealed with impervious coverings.

3.  For exterior work:
Dust from the work area must be contained;
All ground areas within the work site must be covered by impervious material;

High-speed equipment such as sanders and grinders can be used only if all exhaust air passes through an HEPA filter first; and

Heat or flame cannot be used to remove lead-based paint.

The EPA's rules, however, do not apply if:
1.  The facility has been inspected by a certified inspector who has determined that the lead content present does not exceed EPA guidelines;

2.  The facility has been tested using an EPA-certified test kit and the tests indicate that the lead present does not exceed EPA guidelines; or if an emergency (very narrowly defined by the rules) exists.

Because lead is presumed to be present if the structure was built before 1978, it is up to contractors working on older buildings to either satisfy the EPA requirements or claim one of the three exemptions. Otherwise, contractors may be subject to agency action and civil penalties of up to $25,000 per incident.

The new EPA-certification requirements are added to the state licensing requirements. If a contractor's business includes renovation or remodeling of older homes and commercial buildings, it should take immediate steps to become EPA- certified. Processing of an application will require approximately 90 days.

Contractors must jump numerous hurdles in today's environmentally- conscious arena. Working on older structures will become more complex, more time-consuming and more expensive after April 2010. Those intending to bid on any home, child-care facility, or school project that was initially built prior to 1978, should factor the extra cost of compliance into the bid.

Hafez Daraee is an attorney in Jordan Schrader Ramis' Dirt Law and business-law practice groups. Contact him at 503-598-5579 or at hafez.daraee@jordanschrader.com.
Copyright 2009 Dolan Media Newswires Provided by ProQuest Information and Learning Company. All rights Reserved.

The U.S. Environmental Protection Agency's Lead: Renovation, Repair and Painting rule governing the work of professional remodelers in homes where there is lead-based paint was published in the Federal Register on Earth Day, April 22. The rule takes effect in April 2010.

The rule addresses remodeling and renovation projects disturbing more than six square feet of potentially contaminated painted surfaces for all residential and multifamily structures built prior to 1978 that are inhabited or frequented by pregnant women and children under the age of six.
It requires a cleaning inspection after the work is completed and grants the remodeler flexibility in determining the size of the work area, which can reduce the size of the area subject to containment.

The EPA rule also lists prohibited work practices ― including open-torch burning and using high-heat guns and high-speed equipment such as grinders and sanders unless equipped with a HEPA filter.
Additionally, the rule establishes required lead-safe work practices, including posting warning signs for occupants and visitors; using disposable plastic drop cloths; cleaning the work area with HEPA vacuuming and wet washing; and individual certification through a training course.
The full rule and brochures for consumers and renovators can be downloaded from the EPA’s Web site.

A 2006 NAHB study on lead-safe work practices showed that a home was better off after a remodel than before, as long as the work was performed by trained remodelers who clean the work area with HEPA-equipped vacuums, wet washing and disposable drop cloths.

Summary of the Rule - Review the points below for a quick summary of the new EPA lead paint rule.

1.      Training and Certification
Beginning in April 2010, firms working in pre-1978 homes will need to be certified. Along with the firm certification, an employee will also need to be certified as a Certified Renovator. This employee will be responsible for training other employees and overseeing work practices and cleaning. The training curriculum is an eight-hour class with two hours of hands-on training. Both the firm and Certified Renovator certifications are valid for five years. A Certified Renovator must take a four-hour refresher course to be recertified.

2.      Work Practices
Once work starts on a pre-1978 renovation, the Certified Renovator has a number of responsibilities. Before the work starts this person will post warning signs outside the work area and supervise setting up containment to prevent spreading dust. The rule lists specific containment procedures for both interior and exterior projects. It forbids certain work practices including open flame or torch burning, use of a heat gun that exceeds 1100°F, and high-speed sanding and grinding unless the tool is equipped with a HEPA exhaust control. Once the work is completed, the regulation specifies cleaning and waste disposal procedures. Clean up procedures must be supervised by a certified renovator.

3.      Verification and Record Keeping
After clean up is complete the certified renovator must verify the cleaning by matching a cleaning cloth with an EPA verification card. If the cloth appears dirtier or darker than the card the cleaning must be repeated.
A complete file of records on the project must be kept by the certified renovator for three years. These records include, but aren't limited to: verification of owner/occupant receipt of the Renovate Right pamphlet or attempt to inform, documentation of work practices, Certified Renovator certification, and proof of worker training. NAHB believes that record keeping will be a major enforcement tool for the regulation.

4.      Exemptions
It is important to note that these work practices may be waived under these conditions:

• The home or child occupied facility was built after 1978.
• The repairs are minor, with interior work disturbing less than six square feet or exteriors disturbing less than 20 square feet being exempt.
• The homeowner may also opt out by signing a waiver if there are no children under age six frequently visiting the property, no one in the home is pregnant, or the property is not a child-occupied facility. EPA has proposed removing this opt-out from the rule.
• If the house or components test lead free by a Certified Risk Assessor, Lead Inspector or Certified Renovator

www.EPA.gov/oppt/kead/pubs/renovation.htm

Note:  The following information is available at the EPA website for review:
Renovation, Repair and Painting (RRP)
Frequent Questions about the RRP Rule
Search a data base of Frequent Questions about RRP. You can also submit your own question.
Contractors are required to be lead-certified by EPA by April 2010. Are you?
As of February 1, 2010, EPA has 131 accredited training providers. Read the list of EPA's accredited training providers.

Access a calendar of training courses for RRP and other programs.
Lead-Safe Renovation, Repairs and Painting
Look into our tool box for information on becoming an EPA-certified renovator or training provider.
Highlights
View NBC's Today show story on dangers and precautions to be aware of when renovating older housing or child care facilities.
Get Updates
Sign-up to receive more information on lead renovation issues that affect you.
Important Resources
Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (20 pp, 3.3MB) | en español (PDF) (20 pp, 3.2MB)

Renovation fact sheet | en español
On this page you will find:

• EPA Requirements
• Information for States and Tribes
• Information for Property Owners of Rental Housing, Child-Occupied Facilities
• Information for Homeowners Working at Home
• Information for Tenants and Families of Children under Age 6 in Child Care Facilities and Schools
• Information for Contractors
• Fee Rule
• Information for Training Providers
• Information for Lead Test Kit Vendors
• Information for Realtors and Property Management Firms
• Related Notices, Final and Proposed Rules, and Background Information on EPA's Lead Renovation, Repair and Painting Program Rule

EPA Requirements
Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
To protect against this risk, on April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.
Until that time, EPA recommends that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.
All contractors should follow these three simple procedures:

• Contain the work area.
• Minimize dust.
• Clean up thoroughly.

Read EPA's Regulations on Residential Property Renovation at 40 CFR 745.80, Subpart E.
Read about lead-hazard information for renovation, repair and painting activities in the EPA lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (20 pp, 3.3MB) | en español (PDF) (20 pp, 3.2MB)
Read about lead-safe work practices for contractors in the EPA pamphlet Contractors: Lead Safety During Renovation (PDF) color, in English (2 pp, 826K) | color, en español (PDF) (2 pp, 334K) | HTML version | Other formats
Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right (PDF) (34 pp, 2.5MB) | en español (PDF) (34 pp, 1.3MB).
Find additional EPA publications and brochures on lead-safe renovation, repair and painting and on lead poisoning prevention.
Beginning in December 2008, the rule will require that contractors performing renovation, repair and painting projects that disturb lead-based paint provide to owners and occupants of child care facilities and to parents and guardians of children under age six that attend child care facilities built prior to 1978 the lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (20 pp, 3.3MB). | en español (PDF) (20 pp, 3.2MB)
The rule will affect paid renovators who work in pre-1978 housing and child-occupied facilities, including:

• Renovation contractors
• Maintenance workers in multi-family housing
• Painters and other specialty trades.

Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less then 20 square feet of lead-based paint is disturbed on the exterior. Window replacement is not minor maintenance or repair.
Read EPA's Lead Renovation, Repair and Painting rule.
View the implementation deadlines associated with the Lead Renovation, Repair and Painting rule.
October 21, 2009 -– EPA is proposing to expand coverage of its 2008 Renovation, Repair and Painting rule as part of its ongoing commitment to eliminate lead poisoning. The proposed rule would eliminate an exemption from the RRP rule. Read about EPA's action. The Agency will take comments on the proposal for 30 days.
Information for States and Tribes
EPA headquarters has developed guidance documents to assist states and tribes that are applying to EPA for authorization to manage their own lead renovation, repair and painting programs (PDF) (122 pp, 257K).
Information for Property Owners of Rental Housing, Child-Occupied Facilities (see document)
Take training to learn how to perform lead-safe work practices.
Learn the lead laws that apply to you regarding certification and lead-safe work practices beginning in April 2010.
Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist (PDF) (1 pg, 58K) that EPA has developed to help contractors comply with the renovation recordkeeping requirements that will take effect in April 2010.
Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right (PDF) (34 pp, 2.5MB) | en español (PDF) (34 pp, 1.3MB).
Read about how to use lead-safe work practices in EPA's Steps to Lead Safe Renovation, Repair and Painting (PDF) (36 pp, 878K) | en español (PDF) (36 pp, 1.5MB).
Information for Tenants and Families of Children under Age 6 in Child Care Facilities and Schools
As a tenant or a parent or guardian of children in a child care facility or school, you should know your rights when a renovation job is performed in your home, or in the child care facility or school that your child attends.
Before starting a renovation in residential buildings built before 1978, the contractor or property owner is required to have tenants sign a pre-renovation disclosure form (PDF) (1 pp, 36K), which indicates that the tenant received the Renovate Right lead hazard information pamphlet.
Beginning in December 2008, the contractor must also make renovation information available to the parents or guardians of children under age six that attend child care facilities and schools, and to provide to owners and administrators of pre-1978 child care facilities and schools to be renovated a copy of EPA's Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) lead hazard information pamphlet (20 pp, 3.3MB).
Information for Contractors
As a contractor, you play an important role in helping to prevent lead exposure. Ordinary renovation and maintenance activities can create dust that contains lead. By following the lead-safe work practices, you can prevent lead hazards.
Contractors who perform renovation, repairs, and painting jobs in pre-1978 housing and child-occupied facilities must, before beginning work, provide owners, tenants, and child-care facilities with a copy of EPA's lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (20 pp, 3.3MB) | en español (PDF) (20 pp, 3.2MB). Contractors must document compliance with this requirement?EPA?s pre-renovation disclosure form (PDF) (1 pp, 36K) may be used for this purpose.
Understand that after April 22, 2010, federal law will require you to be certified and to use lead-safe work practices. To become certified, renovation contractors must submit an application and fee payment to EPA.
Application for firm certification (PDF) (9 pp, 642K)
Example application for a renovation firm (PDF) (2 pp, 299K)
Example combination application for a renovator and abatement firm (PDF) (2 pp, 211K)
EPA will begin processing applications on October 22, 2009. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application. Read more about EPA's rules and lead-safe work practices in EPA's pamphlet Contractors: Lead Safety During Renovation (PDF) color, in English (2 pp, 826K) | color, en español (PDF) (2 pp, 334K) | HTML version | Other formats
Contractors who perform renovation, repairs, and painting jobs should also:
Take training to learn how to perform lead-safe work practices.
List of training providers that have been accredited by EPA to provide training for renovators under EPA's Renovation, Repair, and Painting (RRP) Program.
Please note that if you previously completed an eligible renovation training course you may take the 4-hour refresher course instead of the 8-hour initial course from an accredited training provider to become a certified renovator. Click here for a list of eligible courses.
Provide a copy of your EPA or state lead training certificate to your client.
Tell your client what lead-safe methods you will use to perform the job.
Learn the lead laws that apply to you regarding certification and lead-safe work practices beginning in April 2010.
Ask your client to share the results of any previously conducted lead tests.
Provide your client with references from at least three recent jobs involving homes built before 1978.
Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist (PDF) (1 pg, 58K) that EPA has developed to help contractors comply with the renovation recordkeeping requirements that will take effect in April 2010.
Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right (PDF) (34 pp, 2.5MB) | en español (PDF) (34 pp, 1.3MB).
Read about how to use lead-safe work practices in EPA's Steps to Lead Safe Renovation, Repair and Painting (PDF) (36 pp, 878K) | en español (PDF) (36 pp, 1.5MB).
NOTE: Contractors and training providers working in Wisconsin, Iowa, or North Carolina must contact the state to find out more about its training and certification requirements. These states are authorized to administer their own RRP programs in lieu of the federal program.
Fee Rule
On March 20, 2009, EPA issued a final rule to establish fees for the new Lead Renovation, Repair and Painting rule. The rule establishes fees that are charged for training programs seeking accreditation, for firms engaged in renovations seeking certification, and for individuals (for example, risk assessors) or firms engaged in lead-based paint activities seeking certification. The rule applies only in those states and tribes without their own authorized lead programs. The rule also modifies and lowers fees for the Lead-based Paint Activities regulations. The fees were developed as required by section 402 of the Toxic Substances Control Act (TSCA) to recover the cost of administering and enforcing the law's requirements. Read EPA's fact sheet on the final rule.
Renovation, Repair and Painting Rule Courses - These courses were developed by the U.S. EPA, in collaboration with the U.S. Department of Housing and Urban Development (HUD), to train renovation, repair, and painting contractors and dust sampling technicians on how to comply with EPA's Renovation, Repair, and Painting (RRP) rule, and HUD's Lead Safe Housing rule. The Agency will not be developing a model Dust Sampling Technician refresher training at this time.
NOTE: Contractors and training providers working in Wisconsin, Iowa, or North Carolina must contact the state to find out more about its training and certification requirements. These states are authorized to administer their own RRP programs in lieu of the federal program.
Information for Lead Test Kit Vendors
Lead Test Kit Evaluation - EPA is evaluating the effectiveness of lead test kits by asking vendors to submit test kits for review to ensure fewer false negatives.