The nation’s home builders and remodelers continue to work with the Environmental Protection Agency (EPA) to clear up confusion over enforcement of the agency’s new lead renovation, repair and painting (RRP) rule.

In a recent conference call with NAHB and the Building Industry Association of Southern California, the EPA’s Region IX discussed how it is going about the inspection process in its area and what will be required of businesses to show they are in compliance.

Staff members from Region IX — which includes California, Nevada, Arizona, Hawaii and the U.S. territories in the South Pacific — explained that there are variations in how the different regional offices approach inspection targeting. The EPA’s enforcement policy outlines not only the fines but also some of its enforcement flexibility.

The conference call was prompted by NAHB Remodelers member Ben Morey, who reported receiving a perplexing phone call from someone who at first claimed to be from the EPA — and when prodded then said they were working on behalf of  the agency — to check the status of his firm’s RRP certification.

It was established in the conference call that the EPA is not calling firms to check for certification. The unsolicited call to Morey was probably from someone trying to drum up business, call participants agreed. 

To enforce the rule, Region IX said it is piggybacking RRP inspections with inspections to see if managers of multifamily properties are complying with a requirement to distribute EPA information to building occupants on safe remodeling practices.

Large window installing companies are also being targeted.

Responding to tips and complaints, Region IX is sending contractors warning letters and also placing them on a target list for possible inspections.

Tips and complaints in Region IX came be made at www.epa.gov/region9/toxic/lead/tips-complaints.html.

While EPA employees in Region IX are primarily focused on going to the offices of remodeling firms and inspecting their records for compliance with the RRP, site inspections are expected to begin shortly.

Records of remodeling work in pre-1978 housing need to be up to date and somewhat detailed. At a minimum, the records should contain:

• Proof of delivery or notification of the “Renovate Right” brochure to all required persons — home owners, tenants, parents and guardians at childcare centers — such as a receipt form with signature
  
  
• If used, the sampling results of any pre-renovation test kit (D-Lead, LeadCheck) and the name and lot number of the kit
  
  
• A copy of the firm’s RRP certification
  
  
• A copy of the renovator’s certification
  
  
• The lead-safe work practices used to reduce the production of dust during renovations — including work-area containment, posting warning signs, clean-up procedures, waste handling, etc. — which can be demonstrated by providing a checklist
  
  
• Explanation of on-site worker training in lead-safe work practices
  
  
• A description of the cleaning verification results, including the number of cleanings needed to achieve compliance
  
  
• A copy of the renovation checklist
  
  
• Proof of delivery or notice of the post-construction notification to all required persons — home owner, tenants, day care parents, etc.

The staffers from Region IX said they are still finding confusion within the regulated community over the requirement for both firms and individual remodelers to be certified and they are working to clear things up. Region IX has sent letters about the RRP requirements to tens of thousands of licensed contractors and have placed numerous articles in trade publications.

The EPA recognizes that there are uncertified contractors in the marketplace and is seeking tips and complaints about anyone operating out of compliance.

More information for contractors can be found on the EPA website, 800-424-LEAD (5323) and at the EPA’s questions and answers page.

NAHB also has a great deal of information at www.nahb.org/leadpaint.

At a meeting this month, enforcement managers from the EPA’s headquarters and regional offices will discuss enforcement strategies for the RRP. NAHB plans to follow up with the EPA after this meeting and inform association members of the outcome.

For more information, e-mail Matt Watkins at NAHB, or call him at 800-368-5242 x8327.