NMHC/NAA submitted these detailed comments in response to the latest round of amendments EPA has proposed to the Renovation, Repair and Painting (RRP) rule. The RRP rule imposes compliance obligations on owners of pre-1978 market-rate and affordable properties when they undertake common renovation and repair activities.
EPA is proposing to require the use of dust wipe testing instead of the "Swiffer" test for certain types of renovation projects. It also seeks to extend the RRP work practice requirements to the disturbance of any painted surface.
Our comments note that the Agency has no data justifying this costly and technically difficult-to-implement amendment to the RRP rule, and that it has seriously underestimated the costs of compliance.
We also point out that the proposed rule wrongly treats all RRP activities as if they were abatement jobs, despite Congressional intent that they be treated differently. In doing so, the proposal would create perverse disincentives that might discourage owners from maintaining their properties.
Finally, we ask EPA to postpone enforcing the RRP rule until cost-effective field tests are available to detect lead on all surfaces so owners can determine whether they need to comply with the RRP rules.