Date: 22 July 2011
After consideration of public comments submitted on the proposed LRRP amendment and a review of available science, the EPA has concluded that current LRRP cleaning requirements and mandated lead-safe work regulations are sufficient to protect the public from lead dust hazards.
A signed, pre-publication version of the final rule posted to the EPA website, states the following:
EPA has decided not to promulgate dust wipe testing and clearance requirements as proposed. However, EPA is promulgating several other revisions to the RRP rule, including a provision allowing a certified renovator to collect a paint chip sample and send it to a recognized laboratory for analysis in lieu of using a lead test kit, minor changes to the training program accreditation application process, standards for e-learning in accredited training programs, minimum enforcement provisions for authorized state and tribal renovation programs, and minor revisions to the training and certification requirements for renovators. EPA is also promulgating clarifications to the requirements for vertical containment on exterior renovation projects, the prohibited or restricted work practice provisions, and the requirements for high-efficiency particulate air (HEPA) vacuums. Today's action is EPA's final action on all aspects of the May 6, 2010 proposal.
AAMA will review the 113-page notice and report its findings as soon as possible.
“Our members have been instrumental in contacting Legislators to detail the detrimental impact of the current LRRP,” states Richard Walker, AAMA’s’ president and CEO. “This collective industry voice has prompted the EPA to make the responsible decision to refrain from adding further, unnecessary costs to homeowners under the current economic climate.”
Walker adds, “There are a handful of U.S. Senators and Representatives who have recognized that the promulgation of the established LRRP rules have prompted homeowners to ‘opt-out’ of using compliant contractors in lieu of workers who do not abide by the mandatory lead-safe practices and do not carry the same cost burden.”
He praises Congressional leaders, including Rep. Denny Rehberg (R-MT at large) and Sen. James Inhofe (R-OK), “who continue to hold the EPA accountable for ensuring an adequate stock of trained contractors are provided across the country, and that the EPA specify testing kits that meet the level of accuracy called for within the 2008 LRRP rule. Today’s RRP decision is a testimony to their efforts in assisting the construction industry and U.S. homeowners.”
Following the EPA’s decision on clearance requirements, Walker says, “AAMA members are hopeful that the EPA will use similar, sound judgment when evaluating the expansion of the RRP rule into commercial buildings.”