On Friday the federal Environmental Protection Agency (EPA) decided to forgo requiring certified renovators to perform dust clearance testing as part of its Renovation, Repair and Painting (RRP) rule. The requirement would have mandated another check to ensure a job site had been cleaned of lead dust after remodeling work had been completed.
The RRP rule was enacted in April 2010 and affects wood flooring contractors moving baseboards or sanding a floor in a home or child-occupied facility built before 1978. While it's commonly referred to as the lead paint rule, it encompasses all surface coatings-including wood floor finishes-that contain excess amounts of lead.
The EPA decided that clearance testing cost and a delay in obtaining results from a third party were prohibitive enough to nix the amendment. The move was lauded by industry groups, including the National Association of Home Builders (NAHB).
"We're pleased that the EPA listened to the concerns of remodelers about the extreme costs the proposed clearance testing would have imposed," said the NAHB's Bob Peterson.
Still, the EPA made two other significant changes to the RRP rule on Friday. First, EPA will allow certified renovators to collect their own paint chips that they can then submit to a lab for lead level testing. This is significant because in light of a negative test, the renovator would not have to perform lead-safe work practices on the component tested.
Second, EPA is requiring states carry a minimum enforcement penalty of $5,000 per day per violation. To date, EPA has granted 12 states authority to administer their own version of the RRP rule that is at least as stringent as the federal version. See the full list here under "EPA Authorized State Programs." These states are not required to follow suit on every change EPA makes to the federal version.
These changes will take effect 60 days after they are published in the U.S. Federal Register, which is expected to take place during the week of July 24.
Read the full text of the latest RRP changes here.
