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UPDATE: New Jersey landscaper fined $80,000.00 for failure to comply with Home Improvement Contractor Act.

Lead Paint Certification


The EPA has begun Enforcing the RRP Rule on a Steady Basis….
Most recently, on May 16, 2011, the EPA announced that a Rockland, Maine renovator is facing penalties related to alleged violations, which occurred in October 2010.  As per the EPA’s investigation, the contractor, who had personally completed the required RRP Rule eight-hour training class, failed to:  1) obtain firm certification from the EPA, 2) post warning signs, 3) contain the work area, 4) contain waste from the renovation activities, 5) properly train his co-workers, 6) prohibit the use of high-speed paint removal machines without HEPA exhaust control, and 7) establish and maintain records necessary to demonstrate compliance with the RRP Rule.  Remember, the maximum penalty for the alleged violations is up to $37,500.00 per violation per day!  Do you know how he was discovered?  The EPA received a tip, from someone across the street from the renovation, who took a video and posted it on the internet!  The EPA promises to follow through on tips, such as this example, to identify if violations have jeopardized public health.
In review of EPA’s enforcement actions earlier this year, on March 23, 2011, a Connecticut window and siding company was fined, and has agreed to pay, $30,702.00 for failing to distribute the required Renovate Right pamphlets to homeowners and residents prior to renovations.  This settlement stemmed from an EPA inspection and the subsequent documentation the company submitted to the EPA. 
In addition, on March 31, 2011, a major St. Louis window company was fined, and has agreed to pay, $19,529.00 in civil penalty, plus the company will perform a supplemental environmental project worth $20,048.00.  These fines stemmed from a failure to distribute the Renovate Right pamphlets, which is required by the Residential Lead-Based Paint Hazard Reduction Act. 
Also, on April 6, 2011, a California painting company was fined, and has agreed to pay, $32,508.00 for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets.  The EPA further stipulated that the company “failed to establish and maintain records necessary to demonstrate compliance with the Toxic Substances Control Act regulations.”
Furthermore, on April 12, 2011, a Maine property management company, which operates in 13 states, was fined, and has agreed to pay, $3,542.00 and will perform an abatement project valued at $31,884.00 to settle EPA claims that it violated both the federal lead-based paint disclosure requirements as well as the federal Pre-Renovation Rule.  The property management company failed to distribute the Renovate Right pamphlets prior to renovations.
Continuing on the perpetual pursuit of violators, the EPA announced, on April 21, 2011, that a major Omaha, Nebraska window company was fined, and has agreed to pay, $3,976.00 in civil penalty, and will perform a supplemental environmental project worth $11,928.00, for violating the federal Pre-Renovation Rule by failing to distribute the Renovate Right pamphlets prior to working on pre-1978 residential properties.
And now, just to show you how far the EPA will go to enforce the RRP Rule….. 
Even as recently as early May 2011, the EPA’s Region 6, which covers, Texas, New Mexico, Oklahoma, Arkansas, and Louisiana, has sent letters, to contractors, confirming visits to the contractors’ offices to review the overall level of compliance with the Lead-Based Paint Regulations.  That’s right; the EPA will be physically reviewing the contractors’ paperwork forALL of their renovations or modifications performed on pre-1978 properties over the last three years.  The EPA will obtain copies of certain documents so that compliance with the RRP Rule (or lack of compliance) can be evaluated.   You know what that means.  How many of these contractors are going to have the proper records?  In fact, how many of these contractors are going to have NO records at all?  Do YOU know what records to keep?  Do YOU know how to properly document your renovations?  By the way, some of the contractors who received letters were randomly selected by what is called a “Neutral Inspection Scheme,” which could be as easy as a simple internet search for renovators or contractors!
This is just the beginning of EPA’s enforcement of lead-related issues within the residential construction industry.  More reports of violations are being released constantly.  Remember, the Toxic Substances Control Act Section 402(a)(3) directs the Environmental Protection Agency to establish and implement a fee program to recover, for the U.S. Treasury, the cost of administering and enforcing the lead-based paint activities requirements.  The EPA is highly motivated to find violators and is actively doing so.
Exactly Who does the RRP Rule Affect?
Since long before the RRP Rule was enforced, I have been keeping general contractors, sub-contractors, remodelers, builders, property managers, painters, mechanical contractors, maintenance workers, and many others, informed and educated about the RRP Rule to keep them out of trouble.  These federal regulations affect ALL contractors and ALL sub-contractors, and even individuals, who get paid to do renovations.  If you scrape, sand, abrade, cut a hole in, puncture, remove, or demolish any painted or surface-coated component, you have “disturbed” that surface, and the RRP Rule may apply.
Since the confusing RRP Rule is so specific and has such tiny minimums, virtually 100% of renovations on pre-1978 target housing and child-occupied facilities are affected by this legislation in some way.  That’s why you need a friend, like the “Lead Paint Professor,” who knows the regulations inside and out and can help you wade through the murkiness and better protect your business and reduce your liability.  Far too many contractors have taken the “wait and see” approach to verify if the EPA was actually going to enforce the RRP Rule.  Well, as the recent flurry of fines demonstrates, they are enforcing the RRP 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 April 22, 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.
EPA requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools be certified by EPA and that they use certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices. Individuals can become certified renovators by taking an eight-hour training course from an EPA-approved training provider. Learn how to become an EPA certified firm and where to take a training course near you.
Beginning in December 2008, the rule requires 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) (11 pp, 1.1MB). | en español (PDF) (11 pp, 2.4MB)
The rule affects 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 generally 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, but this does not include window replacement, demolition, or prohibited practices.
Previously, owner-occupants of homes built before 1978 could certify that no child six years of age or younger or pregnant woman was living in the home and "opt-out" of having their contractors follow lead-safe work practices in their homes. On April 23, 2010, to better prevent against lead paint poisoning, EPA issued a final rule to apply lead-safe work practices (PDF) (18 pp, 121K) to most pre-1978 homes, effectively closing the exemption. The rule eliminating the opt-out provision became effective July 6, 2010.
EPA Authorized State Programs
EPA has the authority to authorize states, tribes and territories to administer their own RRP program that would operate in lieu of the EPA regulations. When a state, tribe or territory becomes authorized, contractors and training providers working in these areas and consumers living there should contact the appropriate state, tribal or territorial program office. Currently the following states have been authorized by EPA (note: in following these links you will be leaving the EPA web site Exit EPA Disclaimer): Alabama, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oregon, Rhode Island, Utah, Washington, and Wisconsin.
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.
NOTE: Contractors and training providers working in Alabama, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oregon, Rhode Island, Utah, Washington, or Wisconsin 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. In following the above links you will leave the EPA web site.
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) (11 pp, 1.1MB) | en español (PDF) (11 pp, 2.4MB). Contractors must document compliance with this requirement; EPA's pre-renovation disclosure form (PDF) (1 pp, 53K) may be used for this purpose.
Understand that after April 22, 2010, federal law requires renovation firms (including sole proprietorships) to be certified and requires individuals to be trained in the use of lead-safe work practices. To become certified, renovation contractors must submit an application and fee payment to EPA or to the state if you work in one of the states authorized to run their own RRP programs. Individuals wishing to become certified renovators must take training from an EPA-accredited training provider.
EPA has up to 90 days after receiving a complete application for firm certification to approve or disapprove the application.
Contractors who perform renovation, repairs, and painting jobs should also:
  • 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 April 22, 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 follow lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist (PDF) (1 pg, 83K) that EPA has developed to help contractors comply with the renovation recordkeeping requirements that took effect April 22, 2010.
  • Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right (PDF) (32 pp, 5.5MB).
Contractors should also read the EPA Enforcement Alert newsletter titled Compliance with New Federal Lead-Based Paint Requirements (PDF) (4 pp, 120K).
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