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Home ▪ Essentials for Practitioners ▪ Health Opportunities in Energy Audits and Upgrades ▪ Green & Healthy Management Strategies for Multi-Family Properties ▪ Listserves |
EPA RRP Rulemakings
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 made two amendments: one 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 voluntarily withdrew
the petition in October 2009.
Summary of the EPA-Public Interest Petitioners 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 Exterior - Advanced notice of proposed rulemaking
published May 6, 2010 / Sign proposed rule by December 15, 2011
/ Sign final rule by July 15, 2013
Non-Residential
Buildings Interior - Advanced notice of proposed rulemaking
published May 6, 2010 / Seek advice of Science Advisory Board
(SAB) by September 30, 2011 / Sign proposed rule within 18 months
of receiving SAB report or decide rulemaking not necessary / Sign
final rule within 18 months of proposed rule. 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. NCHH put them into an easier to use Word
format. (Thanks to Tom Neltner for his assistance on this!)
NCHH's Current
Version of Rule (until 7/6/10) (11/13/09)
NCHH's
Version of Rule (starting 7/6/10) with Proposed
Clearance Changes (5/10/10)
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10320 Little Patuxent Parkway,
Suite 500 • Columbia, MD 21044
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