RRP Training - State Delegation

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The U.S. Environmental Protection Agency authorizes states, tribes, and territories (hereinafter referred to as "state") to administer and enforce its Renovation, Repair, and Painting (RRP) Rule. The state program must be at least as protective as the EPA RRP program and provide for adequate enforcement. See www.epa.gov/lead/pubs/renovation.htm#states to get EPA's latest guidance to states on authorization and identification of states with authority.

NCHH hopes that states allow for reciprocity for people who have already been certified by an EPA-accredited training providers and for firms who have already become EPA-certified renovation firms. However, states are allowed to make their own decisions.

Generally, training providers will have to pursue approval from each state if they claim to provide training for state certification after the state's rules go into effect. Also, it appears that some states are going beyond the EPA's RRP rule and requiring individual renovators to be certified by the state. Under the EPA rule, individuals are certified by the training provider and do not need to separately apply to the state.

NCHH will track the state authorization and update the table below to help renovators and training providers. Please contact Patrick MacRoy at pmacroy@nchh.org if you see problems, know of state activity, or have suggestions to improve the information.

EPA has delegated authority to implement the RRP to: Wisconsin, Iowa, North Carolina, Utah, Mississippi, Kansas, Rhode Island, Oregon, and Massachusetts (in order of adoption).

The following states have existing rules regarding renovation training but have not adopted the RRP: Illinois, New Jersey, Ohio.

State	Auth. Date	Key Links	Highlights
Alabama	Pending	Main Website	Rulemaking delayed until late 2010 or early 2011. See Ala. Code. §§ 22-37A-1 to 22-37A-9.
Alaska	NA	Main Website	No plans to adopt RRP
American Samoa	NA	None Found	No plans to adopt RRP
Arkansas	NA	Main Website	No plans to adopt RRP
Arizona		Main Website	No information available
California	Uncertain	Main Website	Exploring adoption of RRP. It has existing renovation rule. It requires the use of lead-safe work practices for deal with paint failures. It covers all pre-1978 housing. NCSL indicates that state has authority to adopt RRP rule per West's Ann.Cal.Health & Safety Code § 105250.
Colorado		Main Website	No information available
Connecticut		Main Website	No information available
Delaware		Main Website	No information available
District of Columbia	Pending	Main Website	DC is developing rules pursuant to per Lead-Hazard Prevention and Elimination Act of 2008. NEW 4-1-10
Florida	NA	Main Website	No plans to adopt RRP. Need legislative authority.
Georgia	Pending	Powerpoint on status	Legislation did not pass. It will wait until 2011.
Guam	NA	None found	No plans to adopt RRP
Hawaii	NA	Main Website	No information available
Idaho	NA	Main Website	No plans to adopt RRP
Illinois	Pending	Main Website	Rule expected in late 2011. Existing rules require training providers to be state-approved. Apparently state will accept certificates from students trained out of state. If lead-based paint is confirmed to be present, a lead abatement contractor may have to perform the work.
Indiana	2011?	Main Website	Legislation to allow adoption of the RRP rule failed to pass.
Iowa	1/19/10	- Rule Webpage - Certification Rule - Prerenov Notice - Program website - Application for renovators certified outside of Iowa.	EPA officially authorized state as of 1/19/10. IA offers reciprocity so renovators trained in other states can be certified in Iowa. See application.
Kansas	4/19/10	Main Website Regulations	Adopted 4/8/10. Effective 4/9/10. EPA announced 4/19/10 NEW 4-22-10
Kentucky	NA?	Main Website	Unknown but state is reportedly not seeking delegation.
Louisiana	NA	Main Website	No plans to adopt RRP
Maine		Main Website	No information available
Maryland		Main Website	No information available
Massachusetts	7/9/10	Main Website	See M.G.L.A. ch.111 §197B
Michigan	Pending	Main Website	No information available
Minnesota	Pending	Main Website	Rule expected before the end of 2010. See Minn. Stat. Ann. §§ 144.9501 sub. 22
Mississippi	4/12/10	Main Website / Regulations - Adopted 12/10/2009	See Miss. Code Ann. §§ 49-17-501(a). EPA announced 4/12/10. NEW 4-22-10
Missouri	Pending	Main Website	No information available.
Montana	NA	Main Website	No plans to adopt RRP
Nebraska	NA	Main Website	No plans to adopt RRP
Nevada	None	Main Website	No plans to seek approval
New Hampshire		Main Website	No information available
New Jersey		Main Website for Dept of Community Affairs	Renovators working in multifamily buildings may need to comply with NJ Lead Safe Maintenance rules, which require additional training beyond RRP. EPA Accredited training providers may request permission from the New Jersey Department of Community Affairs to teach 9 hour RRP/NJ Maintenance class that meets both requirements
New Mexico	NA	Main Website	No plans to adopt RRP.
New York	NA	Main Website / New York City Main Website	No plans to adopt RRP.
North Carolina	1/21/10	Main Website / Final Temporary Rule / Letter to Training Providers	Temporary rule went into effect on January 1, 2010. It would require immediate compliance. Training providers can apply after Jan 18. Trainer qualifications follow EPA rules. Individual renovators and training providers must be certified by the state.
North Dakota		Main Website	No information available
Ohio	Unknown	Main Website / Application Forms	Ohio indicates that it requires RRP training providers to be approved by the state. It is also opposed to e-learning format. The instructors need to take 24-hours of certified lead training and have 3 years of construction experience. There are additional requirements for training managers.
Oklahoma		Main Website	No information available
Oregon	5/3/10	Rule Website	RRP statute passed in Spring 2009. Oregon officially recognized by EPA on 5/3/10. See Or. Rev. Stat. §§ 431.920.
Pennsylvania		Main Website
Puerto Rico	NA	None found	No plans to adopt RRP
Rhode Island	4/20/10	Main Website	Announced by EPA 4/20/10. NEW 4-22-10
South Carolina	NA	Main Website	No plans to seek EPA approval
South Dakota	NA	None found	No plans to adopt RRP
Tennessee	Pending	Main Website Adrianne.White@tn.gov	Proposed in August 2009. State responding to comments and will finalize later in 2010.
Texas	NA	Main Website	No plans to adopt RRP
Utah	4/20/10	Main Website Contact Bob Ford	Utah received administrative rule approval on 4/7/2010. The rule was effective the next day. EPA announced 4/20/10. All RRP Renovator training providers teaching in Utah must be approved by the Utah LBP Program on or after the effective date of the Utah LBP Administrative Rules. See Utah Code Ann. § 19-2-104. NEW 4-22-10
Vermont		Main website	No information available
U.S. Virgin Islands	NA	None found	No plans to adopt RRP
Virginia	Pending	Main Website / Rule Notice / Contact David Dick	The Commonwealth of Virginia, Board for Asbestos, Lead, and Home Inspectors has received statutory authority from the Virginia General Assembly to promulgate regulations to implement an RR&P regulatory program in Virginia. Virginia plans to apply for EPA state accreditation as a part of implementing the RR&P regulatory program. The Notice of Intended Regulatory Action step has been completed and RR&P regulations are under development. The best way to keep track of their progress is to visit www. townhall.virginia.gov and sign up to receive e-mails announcing each promulgation step. The next step is to publish proposed regulations for public comment. No reliable timeline presently available. See Va. Code Ann. §§ 54.1-500.
Washington	Under Consideration	Main Website / Contact Cynthia Sanderson	The legislature is considering HB-2745. If enacted, it would delegate authority to the state to administer the RRP.
West Virginia		Main Website	No information available
Wisconsin	10/20/09	Rule Website	Permanent rule will be published on 4/1/10, replacing the current emergency rule. The entire rule will be effective beginning 4/22/10. Wisconsin requires training providers to be state accredited but will accept training certificates from EPA or state approved courses from out of state. Individual renovators and companies must be certified by the state. No owner-occupied opt-out provision in rule.
Wyoming	NA	Main Website	No plans to adopt RRP

Thanks to David Hopp and Doug Farquhar for updates.

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