In April 2008, EPA issued its Lead Renovation, Repair and Painting Rule, which required the use of lead-safe work practices during renovation, repair or painting activities in pre-1978 homes. The 2008 rule, however, allowed owner-occupants to “opt-out” of that requirement by certifying that there were no children under the age of 6 living in the home. As of July 6, 2010, owner-occupants no longer have that option and all such work in pre-1978 homes must be performed by a certified contractor in accordance with lead-safe practices. A copy of the May 6, 2010 final rule revoking the “opt-out” provision is available here.
EPA has also announced that it has reopened the comment period on its May 6, 2010 proposed rule to require dust wipe sampling after many types of renovations. Comments will be accepted until August 6, 2010.
Finally, in recognition of the difficulty contractors have experienced in locating available training classes, EPA issued a guidance document on the enforcement of the new lead rules. EPA will not initiate enforcement actions for violations of the firm certification requirement until October 1, 2010, and will not enforce certification requirements against individual workers provided that they apply to enroll in certification classes by September 30, 2010 and complete the required training by December 31, 2010. However, EPA will continue to enforce against firms and individuals who do not comply with the required lead-safe work practices and associated recordkeeping requirements. A copy of EPA’s Frequent Questions on EPA’s June 18, 2010 Implementation Guidance for the Renovation, Repair and Painting Rule is available here.