EPA’s Renovation, Repair, and Painting Rule
The EPA Renovation, Repair, and Painting (RRP) Rule is the most important federal lead regulation since the HUD Lead-Safe Housing Rule in 1999. It has the potential to ensure the widespread use of lead-safe work practices in homes and child-occupied facilities and may be extended to public and commercial buildings in the future.
Congress adopted the Residential Lead-Based Paint Hazard Reduction Act in 1992. It amended the Toxic Substances Control Act to add a Title IV on Lead Exposure Reduction. Section 402(c)(3) of TSCA (15 U.S.C. 2682(c)(3) required that EPA adopts regulations on or before October 28, 1996, for renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings that create lead-based paint hazards.
On April 22, 2008, EPA published the Renovation, Repair, and Painting (RRP) Rule to fulfill this mandate. Since then, EPA has amended the rule two times: The first was a technical amendment that did not change the substance of the rule, and the other established fees for training providers and renovation firms.
Shortly after the rule was filed, several parties challenged the rule in the federal court of appeals. On August 23, 2009, the public interest petitioners reached a settlement with EPA. EPA agreed to propose a series of four rulemakings to address the concerns and to make final decisions on the proposed changes according to a specific schedule covering six years. The industry petitioner withdrew the petition voluntarily in October 2009. On September 7, 2012, the public interest petitioners and EPA revised the settlement agreement to combine the rulemakings on the interiors and exteriors of public and commercial buildings.
- Summary of the EPA-Public Interest Petitioners Settlement Agreement
- Revisions to the Settlement Agreement
- Settlement Agreement
- Four Rulemaking Phases: Note that EPA may extend the deadlines with cause.
- Opt-Out/Post Renovation Notification: Final rule signed April 22, 2010, and published May 6, 2010.
- Clearance/Dust Wipe Testing: Proposed rule published May 6, 2010; sign finalized rule by July 15, 2011.
- Non-Residential Buildings (Public and Commercial): Advanced notice of proposed rulemaking published. Sign proposed rule by July 1, 2015; sign final rule by January 1, 2017.
In August 2009, several public interest groups petitioned EPA to revise its regulatory definitions of lead-based paint and lead-based paint hazards. EPA accepted the petition on October 22, 2009, effectively committing it to additional rulemaking.
For the latest word on EPA’s rulemakings, go to www.epa.gov/lead/pubs/regulation.htm. Sometimes EPA’s rulemakings are difficult to track.
- Current Version of Rule
- Renovate Right Pamphlet
- Small Entity Compliance Guide to Renovate Right
- Steps to Lead Safe Renovation, Repair and Painting
Tracking the Rulemaking
- Original Final Rule: Federal Register Notice [pdf]; Final Economic Impact Analysis [pdf]/Change in Analysis from Draft [pdf]
- EPA Penalty Rule – December 11, 2008: Federal Register Notice [pdf]; increased maximum penalty from $32,500 to $37,500
- Fee Rule – March 20, 2009: Federal Register Notice [pdf]; Final Economic Impact Analysis
- Technical Corrections – May 8, 2009: Federal Register Notice [pdf]
- Technical Corrections – July 15, 2009: Federal Register Notice [pdf]
- Opt-Out/Post Renovation Notice Proposed Rule – October 28, 2009: Federal Register Notice [pdf]; Draft Economic Impact Analysis [pdf]
- Opt-Out/Post Renovation Notice Final Rule – May 6, 2010: Federal Register Notice [pdf]
- Clearance/Dust Wipe Testing Proposed Rule – May 6, 2010: Federal Register Notice [pdf]
- Non-Residential Buildings Proposed Rule – May 6, 2010: Federal Register Notice [pdf]
- Clearance/Dust Wipe Testing Final Rule – July 15, 2011: Federal Register Notice [pdf]
Resources
National Organizations’ Letter to the U.S. Senate Opposing Anti-RRP Legislation S. 2148 [pdf]
Latest Version of EPA’s Lead Rule [pdf]
A Summary of EPA’s Renovation, Repair, and Painting Rule [pdf]
Form for Reporting Suspected Violation(s) of U.S. EPA RRP Rule [pdf]
Regional EPA Contacts for Renovation, Repair, and Painting Rule Tips and Complaints [pdf]
Owens Giles EPA RRP Imp Guidance [pdf]
Waxman EPA RRP Support Letter to OMB [url]
Statement: Maintain Momentum on EPA RRP Rule [pdf]
Letter to Chairman Waxman from EPA on Status of RRP Training [pdf]
States Authorized by EPA to Manage the RRP Rule [url]
How to Certify Your Renovation Firm and Yourself for RRP [url]
Archived Comments on EPA’s RRP Policy
Comment addressing the issue of clearance testing requirements (submitted August 6, 2010) [pdf]
Letter to EPA from the NCHH and NAHB Regarding Implementation of the Lead Renovation Remodeling and Painting Rule (submitted March 12, 2010) [pdf]
Letter to EPA to add the Renovation, Repair, and Painting rule to EPA’s list of Candidate National Enforcement and Compliance Assurance Priorites (submitted January 15, 2010) [pdf]
In a letter to administrator Stephen Johnson, national organizations call upon EPA to immediately finalize the Lead Renovation, Remodeling, and Repainting Rule. [pdf]
The first comment, addressing the issue of clearance (submitted March 16, 2006) [pdf]
The second comment, addressing the issue of dangerous work practices (submitted March 24, 2006) [pdf]
The third comment, addressing the issue of clearance for carpets (submitted March 31, 2006) [pdf]
The fourth comment, addressing EPA’s Economic Analysis (submitted April 24, 2006) [pdf]
The fifth comment, addressing EPA’s Lead Renovation, Repair, and Painting Program (submitted July 5, 2007) [pdf]