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EPA RRP Updates – The New Record Keeping Requirement

*** Update: The reg as stated below was not what they fully published – new article here *** But hey, who knows they might fix their mistake – yeah right 

As we mentioned in the EPA RRP & HomeStar Updates article back on May 6th, there is a new record keeping regulation that goes into effect on July 6th. Per the EPA in Docket RIN 2070–AJ55 aka Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program

…. This final rule requires that, when the final invoice for the renovation is delivered, or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm provide information demonstrating compliance with the training and work practice requirements of the RRP rule to the owner of the building being renovated…

Well this leads to a few questions; does this apply to all pre78 or other target housing? What do we have to provide them exactly?  Why do we have to provide this to the homeowner now?  Let us start with the first two questions by looking at the language they have introduced.

In § 745.86 Recordkeeping and reporting requirements, revise paragraphs (c), and (d) to read as follows:

(c)(1) When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this subpart to the following persons:

(i) The owner of the building; and, if different,

(ii) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child occupied facility, if the renovation took place within a child-occupied facility.

(2) When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by this subpart or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.

(3) The information required to be provided by paragraph (c) of this section may be provided by completing the sample form titled ‘‘Sample Renovation Recordkeeping Checklist’’ or a similar form containing the test kit information required by § 745.86(b)(1)(ii) and the training and work practice compliance information required by § 745.86(b)(6).

(d) If dust clearance sampling is performed in lieu of cleaning verification as permitted by § 745.85(c), the renovation firm must provide, when the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, a copy of the dust sampling report to: (the rest is the same as section c above)

The easy question: what records are required to be provided?

Let us start with the easy one – what is records do we need to provide to the owner or other impacted party? As you can see in part 3 above, all you need to provide them with the information found on the EPA’s Sample Renovation Recordkeeping Checklist along with the results of any testing done on the property.

The fun question: does this really apply to all houses?

Now onto the fun one – is this reporting requirement required for all pre78 houses or other target housing? If you read the EPA’s statement, you would automatically assume that this applies to every property, but you would be wrong. First any property or area being tested that is below the EPA’s de minimus level automatically is excluded. Next, as we like to stress to everyone, you should read the regulation yourself. In this case, let us look at paragraph C which is not being edited, just added onto.

(c) When test kits are used, the renovation firm must, within 30 days of the completion of the renovation, provide identifying information as to the manufacturer and model of the test kits used, a description of the components that were tested including their locations, and the test kit results to the person who contracted for the renovation.

Well, well paragraph c only deals with someone using a lead test kit and paragraph d only deals with people using an optional dust clearance sampling. So what happens if you don’t test which is fully allowed under the RRP, or maybe the owner choose to use the services of a lead inspector & found out that their property has lead? Based on the regulation as it is written, there is nothing there saying you need to provide those reports in either of those cases.

Uh wait, I think you missed something…

Now wait, I am reading your first link – what is this I see being added in 745.84 section “The signs must also include information on how interested occupants can review a copy of the records required by § 745.86(c) and (d) or obtain a copy from the renovation firm at no cost to the occupants.” Well you could take this one any numerous ways, but the reporting requirements in paragraphs c & d only apply to those areas. Personally, I do not have an issue with an individual requesting a copy of that one form, but for those worried about the lawsuit potential, I would consult with a lawyer. In any case, only if you run a test or use the dust clearance testing are you required to automatically provide that report within 30 days.

The $37,500 question, why do we need to provide this information now?

Ok, either you can take my word for it, or you can read the full quote below. Personally it is nothing but a load of crap jammed into one really long paragraph. The funniest part is the paragraphs leading up to this and the “commenters” quotes referenced are from 2008 and before.  As I said, I have no issue about leaving the homeowner a copy of the report, but if the EPA actually did what they stated they were going to do – there would be no need for a contractor to have to educate “homeowners” on a program that even the EPA cannot get its act together on.

EPA’s work on the education and outreach campaign has continued to highlight the importance of an informed public to the success of the RRP program at minimizing exposures to lead-based paint hazards that may be created by renovations. As a result, EPA has determined that copies of the records required to be maintained by renovation firms to document compliance with the work practice requirements, if provided to the owners and occupants of the renovated buildings, would serve to reinforce the information provided by the ‘‘Renovate Right’’ pamphlet on the potential hazards of renovations and on the RRP rule requirements. While the ‘‘Renovate Right’’ pamphlet provides valuable information about the requirements of the RRP rule, the records that a firm would give to owners and occupants would provide useful information regarding rule compliance that is not found in the pamphlet. In covering the significant training and work practice provisions of the RRP rule, these records would enable building owners and occupants to better understand what the renovation firm did to comply with the RRP rule and how the RRP rule’s provisions affected their specific renovation. Several commenters stated that educating homeowners would help them monitor compliance by the renovation firm. One commenter stated that the checklist would help the public understand the RRP rule and that a better informed public would choose to have renovation performed by professional remodelers who would provide safe and quality work. Other commenters believe that the distribution of the checklist is needed to address a lack of accountability of renovation firms to owners and occupants. EPA agrees that educating the owners and occupants in this way is likely to improve their ability to assist the EPA in monitoring compliance with the RRP rule and contribute to the effectiveness and reliability of the rule.

Reminder:

You have less than 30 days to make your voice heard on two new proposals that the EPA wants to add to this mess. As of Monday, there were only 60 & 16 comments respectively for or against. I hope to finish my review of these two within the next few days.

Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program (PDF File) you will need to go to http://www.regulations.gov/ to leave a comment on RIN 2070–AJ57

Renovation, Repair, and Painting Program for Public and Commercial Buildings (PDF File) you will need to go to http://www.regulations.gov/ to leave a comment on RIN 2070–AJ56)

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  • http://www.shawnmccadden.com Shawn McCadden

    Sean:

    I am confused regarding what you are trying to point out and or suggest here. Can you summerize or give me a call?

    • SLS Construction

      First Shawn, it was nice talking to you for once, as compared to us simply typing responses back and forth. For everyone else, here is a quick synopsis of the article above…

      While the EPA believes that they mandated this new record keeping requirement apply to all pre78 jobs (located in the pre-amble), they obviously do not know how to write a regulation.

      Per the regulation, they only require the additional form to be handed out when a third party dust clearance exam is done (745.86 D), or when a CLR uses the Lead Check swabs & a component tests positive (745.86 C).

      As I mentioned in the article, in both the cases listed above it is mandatory for the form to be given out. For all other jobs, I do not see it being necessary, but I will gladly give them a copy if requested.