Environmental Permitting

Lead: Avoid Getting Weighed Down by Fines

The lead-based paint Renovation, Repair, and Painting (RRP) rule was finalized in 2008.  Property owners, managers, and contractors conducting any type of remodeling, repair, or maintenance activity that disturbs paint in pre-1978 housing and child-occupied facilities must comply.  EPA has made compliance with the RRP rule a priority, and has initiated numerous enforcement actions for:

  • Failure to provide pre-renovation notification;
  • Failure to obtain proper certification(s);
  • Failure to follow lead-safe work practices; and
  • Failure to maintain proper records

Pre-renovation notification
Before beginning renovations in housing built before 1978, EPA’s lead pamphlet must be distributed to the owner and occupants of the building.  For child-occupied facilities, informational signs must be posted in addition to providing the lead pamphlet.  Confirmation of receipt or a certificate of mailing from the post office must be obtained for each lead pamphlet distributed.

All firms conducting renovations or dust sampling must be certified by EPA.  Firms must submit a complete application and the appropriate fee.  In addition, all renovations subject to the RRP rule require a certified renovator, who is responsible for training other on-site workers on lead-safe work practices.  Renovators obtain individual certification by successfully completing an 8-hour training course from an accredited training provider.

Lead-safe work practices
Renovation projects must employ certain work practices to limit exposure to lead.  Such work practices include:

  • Proper setup of the job site to adequately contain the work area;
  • Methods to minimize lead-contaminated dust; and
  • Proper cleanup of the job site, including verification.

The RRP rule requires certain records to be maintained for a period of at least 3 years.

Additional Resources:

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EPA Fines 16 Firms for Violations of the Lead Renovation, Repair and Painting Rule  – Release Date: 11/14/2012     

Sample Renovation Recordkeeping Checklist

Timothy P. Fagan is a Legal Editor for BLR’s environmental publications, focusing primarily on air quality related topics. Mr. Fagan has covered environmental developments with BLR since 2000. Before joining BLR, he spent 5 years in environmental consulting and was responsible for air quality permitting and compliance for a broad range of industries in both the private and public sector. He received a Bachelor of Science degree in chemical engineering from Villanova University and a Master’s degree in environmental engineering from the Pennsylvania State University.

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