UPDATE: On August 26, 2009, EPA settled a lawsuit brought against it by the Sierra Club and others concerning its RRP Regulations.  Under the settlement agreement, the EPA is required to reconsider certain facets of the RRP regulations and issue a series of rulemakings to be concluded by April 22, 2010.  The rulemakings will seek comments on how such work should be conducted, how work areas should be cleaned and tested and how residents will be notified. 

As part of the settlement, on October 28, the EPA issued a proposed rule that would expand the post-renovation notification requirements to require third-party renovators hired by a property owner or manager to provide apartment residents and the building owner with a copy of records demonstrating compliance with the rule's training and work practice requirements.  In an effort to expand the number of trainers certified to train workers who disturb lead-based paint, the EPA is also proposing to reduce the hours of training required to become a certified trainer from 16 to eight hours.  The proposal also seeks to eliminate a provision that allowed certain owner-occupied housing to be exempt from compliance.  NMHC will file comments on the rule by the November 27 deadline.  We will stress the importance of having fully trained trainers who not only have mastered the subject matter but also have sufficient presentation skills.  The proposed rule is available at http://tiny.cc/ekV04.

In a second matter related to the settlement, on October 6, the EPA published a notice informing the public that the Agency had been petitioned by a coalition of organizations to lower the trigger for complying with lead-based paint regulations and modifying the definition of lead-based paint to be paint that has 600 parts per million (ppm) of lead, instead of the 5,000 ppm used now.  NMHC/NAA and the National Leased Housing Association filed comments objecting to a revised definition, noting that the change was of unproven public health value and would result in significant expense to apartment providers.  It would also invalidate the hundreds of millions of dollars worth of testing that has been performed in multifamily properties based on the current definition.  On October 22, the EPA issued a statement granting a review of the points the petitioners raised, including the possibility of extending the lead hazard standards to public and commercial buildings.  The EPA’s response can be found at http://tiny.cc/ZiZxd.  

In response to questions from NMHC on how the settlement agreement will impact the implementation of the RRP, EPA stated in a September 2 letter, ”We are not currently planning to extend the April 2010 effective date for firm and renovator certification and lead-safe work practices.  EPA believes that it is important for the certification, training and work practice requirements to take effect as soon as possible.  As we propose changes in the requirements for cleaning verification, dust testing, and clearance, we will also have to consider how best to update certified renovation firms and certified renovators with any changes in the requirements.  Although we cannot predict the outcome of these regulatory amendments, we probably would not favor a requirement for persons who have already taken a renovator course accredited under the RRP rule to take additional training.” 

NMHC will continue to work with EPA as these rules are developed. 

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