• Toxic and Harmful Substances/TSCA
• Environmental
• Land Use

EPA Delays Enforcement of New Lead-Based Paint Certification and Training Requirements

Beveridge & Diamond, P.C., June 25, 2010

On June 18, 2010, the Environmental Protection Agency (“EPA”) announced its decision to delay enforcement of the certification and training requirements in the Lead Renovation Repair and Painting Rule (“RRP Rule”). The RRP Rule required renovation firms and individual renovators to become certified by April 22, 2010, prior to performing work on target housing and child-occupied facilities. EPA responded to complaints from the regulated community and related pressure from Congress regarding the processing time for applications and difficulty obtaining the necessary renovator training. The new deadlines for compliance with the rule’s certification and training requirements are as follows:

• Renovation Firms: EPA will not enforce against renovation firms for violations of the certification requirement until October 1, 2010.
• Individual Renovators: EPA will not enforce against individual renovators if the person has applied to enroll in, or has enrolled in, a certified renovator training class by September 30, 2010. Renovators must complete the training by December 31, 2010.

In the interim, EPA will continue to enforce the work practice standards set out in the rule. E.g., 40 C.F.R. § 745.85. The pre-renovation education provisions have been in effect since 1999 and continue to be enforced. Additional background on the RRP Rule and an overview of its key requirements is available here.

The announcement was issued in the form of a memorandum from EPA’s Office of Enforcement and Compliance Assurance to the Regional Offices. A copy of the memorandum is available here. A copy of the RRP Rule is available here.

*****

For further information, please contact Christopher McKenzie in Beveridge & Diamond’s New York office, cmckenzie@bdlaw.com, (212) 702-5434, or Hal Segall, hsegall@bdlaw.com, (202)789-6038, Edward West, ewest@bdlaw.com, (202) 789-6070, or Lauren Hopkins, lhopkins@bdlaw.com, (202) 789-6081 in the firm’s D.C. office.