EPA Lead RRP Rule for Contractors

Why this matters

The EPA Lead Renovation, Repair, and Painting (RRP) Rule, effective 2010, requires that any contractor performing renovation, repair, or painting work in a pre-1978 home (or child-occupied facility) must be certified, trained, and follow specific work practices. The fines for non-compliance are significant: up to $48,512 per violation per day under 40 CFR Part 19. The rule applies to almost every trade that touches paint on older homes: HVAC running ductwork through old plaster walls; plumbing repairs that involve cutting through painted woodwork; electrical work that creates dust from old paint. A contractor without RRP certification working on pre-1978 homes is exposed to significant federal liability. Getting certified is straightforward; ignoring the rule is dangerous.

What the RRP rule covers

The RRP rule applies to any work:

• In a target housing unit (pre-1978 home where children under 6 may live or visit)
• In a child-occupied facility (daycare, kindergarten, similar)
• Disturbing 6 sq ft or more of interior painted surface
• Disturbing 20 sq ft or more of exterior painted surface
• Or any window replacement

It does NOT apply if:

• The home was built in 1978 or later
• Work is in a non-residential commercial building (different rules)
• Customer has obtained a lead-free certification for the property

Why pre-1978

In 1978, EPA banned lead-based paint for residential use. Homes built before 1978 may contain lead-based paint; homes built in 1978 or later are presumed lead-free.

Approximately:

• 87 percent of US homes built before 1940 contain lead paint
• 69 percent of US homes built 1940-1959 contain lead paint
• 24 percent of US homes built 1960-1977 contain lead paint
• 0 percent of US homes built after 1978

The older the home, the higher the likelihood of lead paint. The rule applies regardless of actual paint composition because testing is not always done.

Who needs RRP certification

Any contractor performing covered renovation must:

• Have at least one Certified Renovator on each job
• The Renovator's certification is a personal credential
• Other workers can be trained workers under the Renovator's supervision

The firm also needs:

• EPA Firm Certification (separate from individual)
• Records of training and work performed

How to get certified

Individual Certified Renovator

1. Take an 8-hour Certified Renovator course from an EPA-accredited training provider
2. The course covers:
   • Background on lead and lead paint
   • Identifying paint that may contain lead
   • Work-practice rules
   • Test kit use
   • Cleanup and verification
3. Pass the course exam
4. Receive Certified Renovator certificate (good for 5 years)
5. Refresher every 5 years (4-hour course)

Cost: moderate for initial course; moderate for refresher.

EPA Firm Certification

1. Submit application to EPA
2. Pay fee (moderate for 5 years)
3. Receive Firm Certification

A firm certification is required even if all workers are individually certified.

Work practice requirements

When working on covered renovation:

Pre-work

1. Provide the customer the EPA Lead Renovation pamphlet "Renovate Right" before starting work
2. Have customer sign acknowledgment of receipt
3. Test paint (or assume lead is present)

Work area setup

1. Contain the work area with plastic sheeting
2. Cover floors
3. Block doorways
4. HVAC vents covered or shut off
5. Notice posted that lead work is in progress

Work practices

1. Use only trained workers under the Certified Renovator's supervision
2. Use methods that minimize dust:
   • HEPA vacuum
   • Wet methods (spraying water on dust)
   • No high-heat removal (over 1100 F)
   • No power sanding without HEPA capture
   • No open flame burning
3. Wet wiping cleanup as you go

Post-work cleanup

1. HEPA vacuum the entire work area
2. Wet wipe all surfaces
3. Remove and dispose of containment plastic
4. Visual inspection by the Certified Renovator
5. Cleaning verification (use the EPA-approved cleaning verification method)

Customer documentation

After work:

• Provide cleaning verification results to customer
• Provide records of work performed
• Customer signs acknowledgment

Recordkeeping

Maintain records for 3 years:

• Customer name and address
• Type of property (target housing or child-occupied)
• Confirmation of customer receipt of pre-renovation information
• Documentation of test kits used (if any)
• Work practices used
• Records of Certified Renovator on site
• Cleaning verification results

Test kits

The contractor can test paint with EPA-recognized test kits. Two methods:

Spot test (LeadCheck, D-Lead)

• Liquid reagent applied to paint
• Color change indicates lead
• Sensitivity: detects greater than 1 mg/cm2 of lead
• Cost: modest per test

Lab analysis

• Paint sample sent to certified lab
• Results in 2 to 5 days
• More accurate
• Higher cost

If no lead is detected by EPA-recognized test, the work can proceed without RRP-specific procedures.

If lead is detected (or no testing is done), RRP procedures must be followed.

Trades commonly subject to RRP

For most trades, covered work happens routinely on older homes. RRP certification is essential.

Exemptions

The rule does not apply if:

• Work is in a home built 1978 or later
• Customer can provide written lead-free determination for the home
• Work is "minor maintenance" (less than 6 sq ft interior or 20 sq ft exterior of paint disturbed)
• Work is in a commercial building (different lead-paint rules apply)
• Work is emergency repair (different documentation may apply)

The minor maintenance exemption is narrow; most home repair work exceeds the thresholds.

Asbestos: a parallel concern

While we're on lead paint, asbestos in older buildings (typically pre-1980) is a related concern:

• Stop work if you suspect it. Do not cut, drill, sand, scrape, or sweep suspect material. The hazard is airborne fiber, and every one of those actions creates it. Leave it intact, isolate the area, and get it identified before anyone continues
• You cannot identify it by looking at it. Confirmation requires laboratory analysis of a sample, and sampling itself is regulated work in many states. The working assumption on pre-1980 material is presumed-positive until tested
• The materials that catch trades out: pipe and boiler insulation, duct wrap and the tape at duct joints, vinyl floor tile and the black mastic under it, sheet flooring backing, textured and popcorn ceilings, joint compound, cement siding and transite pipe, roofing felt and some shingles, and old electrical panel backing board
• Abatement is licensed work. In most states removal requires a licensed asbestos contractor with its own training, containment, air monitoring, and disposal requirements. It is not something to take on as an add-on to your scope
• Worker protection rules apply to you regardless of the building type. The federal construction standard for asbestos covers your employees even where a single-family residence falls outside other notification rules. Ignorance of the material's presence is not the defense people assume it is
• Tell the customer in writing what you encountered, that you stopped, and what needs to happen next. Then hand off to a licensed abatement contractor and resume when the area is cleared

Treat the discovery as a change in scope, not an inconvenience. The cost of stopping is a delay. The cost of grinding through it is exposure to your crew, to the customer's household, and to a liability that has no expiration date.

References

• 40 CFR Part 745 (Lead Renovation, Repair, and Painting Rule).
• 40 CFR Part 19 (EPA penalty adjustments).
• EPA Lead Renovation pamphlet "Renovate Right" (provided to all RRP-covered customers).
• EPA Certified Renovator training curriculum.
• State-specific lead regulations (CA Title 17, MD CDR, MA, RI).
• OSHA 29 CFR 1926.62 (Lead in Construction).
• HUD lead hazard regulations.
• Manuall internal: Universal Asbestos Lead Safety, Universal Building Codes Hierarchy.