A Closer Look: EPA's Enforcement of the RRP Rule

NEW YORK, NY - In early December 2011, a contractor from one of our EPA Lead Renovator Certification classes in New Jersey showed me a letter he received from an Enforcement Officer of the EPA. It was obvious that the letter was causing my student much alarm, and he had every reason to feel this way. The letter was in actuality a Request for Information regarding a renovation he conducted back in July of this year.

Two important points can be taken from this occurrence: First, the EPA has the power to audit a renovation almost six months after the renovation was completed. In fact, they can retroactively audit you for paperwork for up to three years, according to the RRP Rule. Secondly, and the reason why my student was so concerned, the gentleman did not have his RRP certification at the time he completed that renovation in July, breaking the cardinal rule of the construction industry – having all of your certificates/credentials/permits updated and in-line.

It pays in the long run to do things by the book. As our contact from the EPA put it, “it’s better to pay up front,” considering it is the responsibility of the contractor to know the local, state and federal regulations governing the work they are being compensated for. And this most certainly applies to renovations in pre-1978 housing and child-occupied facilities that will disturb lead-based paint, like the job my student conducted back in early July. There is simply no “wiggle-room” when the health and safety of children hang in the balance, as there shouldn’t be. 

So as a contractor, what do you need to take from this real-life example?

• First, even if you have your RRP certificate and it is current, the EPA can audit for information up to three years after a renovation is completed, so take what you learned in the RRP class about paperwork seriously. Take a moment to look over the following document: Enclosure II:  Information Request to make sure you would be able to present all of the listed items and documents if requested. The list on pages 6 & 7 of this document are an example of what they might request, but is not exhaustive.
• Next, if you know someone that does renovation, repair, maintenance or painting work in older homes, ask them if they have their RRP certification. I hear more and more from students in classes that they heard about the RRP certification from an associate in their field. This RRP lead-safe training certificate applies to ALL activity that will disturb lead-based paint, whether you are a carpenter, an electrician, a plumber, a renovator, or the businessman subbing out the actual work.  If they do need training, or have additional questions, we are happy to help – they can send an email to contact@greenedu.com or give us a call at 1-800-355-1751.

Submitted by Greg Jaskowiak, Certified Lead Renovator. Greg is a Primary Instructor and Course Developer at Green Education Services specializing in lead safety training.

I'm pleased to inform you that I passed the LEED Green Associate exam on my first attempt.
Andrew M. Lukis
Tile Roofs Inc.