Part I: EPA’s Renovation, Repair and Painting Rule (RRP) Deadlines

Part I: EPA’s Renovation, Repair and Painting Rule (RRP) Deadlines

By George Nicholos

On April 22, 2008, the United States Environmental Protection Agency (EPA) issued its Renovation, Repair, and Painting Rule (RRP) under the authority of Section 402(c)(3) of the Toxic Substance Control Act (TSCA) requiring the use of lead safe practices and procedures for contractors performing renovation, repair and painting projects that disturb lead-based paint coatings in homes, child care facilities, and schools built prior to 1978. The RRP's intent is to increase preventive measures on targeted projects for lead based poisoning. As of April 22, 2010 all contractors/firms renovating facilities that fall under these categories are required to be certified by the EPA and to use certified renovators who have been trained by EPA approved training providers under the RRP. Individual certification can be obtained by taking an 8-hour Lead Renovator Training Course addressing "Lead Safe Work Practices" from an EPA certified training provider. A renovation contracting firm can become certified through the EPA. No testing is required to obtain a firm certification.

Renovation contractors should take steps to fully comply with the EPA's RRP requirements as the EPA may issue fines of up to $37,500 per violation, per day for any contractor performing renovation work without firm certification and without the use of at least one RRP certified renovator at each job site. Additionally, contractors operating in non-compliance may be unnecessarily exposing themselves to project related liabilities and possibly unknowingly voiding critical insurance coverage.

Initially all contractors were required to be certified as of April 22, 2010. On June 18, 2010 the EPA announced that enforcement of the firm certification and individual renovator certification requirements would be delayed to allow contractors more time to become certified under the RRP Rule. The EPA stated it will commence enforcement of RRP Rule penalties against firms as of October 1, 2010 and against individual contractors who are not enrolled in a certified renovator class by September 30, 2010 with training required to be completed by December 31, 2010. However, during this interim the EPA will continue to enforce the work practice requirements set forth in the RRP Rule which began on April 22, 2010.

View Part II: EPA’s Renovation, Repair and Painting Rule (RRP) Deadlines/Lead Poisoning Prevention in renovation projects

George Nicholos  is an attorney and architect with Vandeventer Black and concentrates his law practice in construction, architecture and public contracts.

He advises clients on a variety of construction and government based matters including FOIA requests, complaint filings, building code compliance reviews and protocols, and building forensic issues. He is experienced in the analysis of construction and materials issues, accessibility issues, building code compliance, negotiations, billing disputes, contracts, claims avoidance/liability shielding and design/construction defect issues on behalf of builders, developers, architects, engineers and property owners. He is also skilled in preparing condition assessments for evaluation and remediation of both commercial and residential properties.

Authored by attorneys, these articles are meant to bring awareness to these topics and are not intended to be used as legal advice.  For more information, contact Mike Sterling at 757-446-8626 or Bill Franczek at 757-446-8600.  Visit www , for our library of Construction Law Tips. Suggestions for a topic? E-mail