Brace yourself. The feds aren't through with you just yet. The EPA is set to announce in a few short months a new slate of rules associated with the lead safe practices regulations that took effect last July.
The proposed rules would require dust-wipe testing for lead dust generated by renovations covered under the EPA's Renovation, Repair and Painting Program (RRP) rules implemented in 2010. With a few exceptions, the rule requires that the test results be furnished to residential building owners. For certain jobs that involve demolition, destruction or use of high-speed equipment such as power sanders, the regulation requires the renovator to demonstrate through dust-wipe testing that dust-lead residues are below the levels permitted by regulation. The proposed rule covers most pre-1978 housing and "child-occupied facilities," such as schools and daycare centers.
So, what does this mean to you? Quite a bit, actually. Here are a few of the many ramifications for our industry:
The proposed rules would require dust-wipe testing for lead dust generated by renovations covered under the EPA's Renovation, Repair and Painting Program (RRP) rules implemented in 2010. With a few exceptions, the rule requires that the test results be furnished to residential building owners. For certain jobs that involve demolition, destruction or use of high-speed equipment such as power sanders, the regulation requires the renovator to demonstrate through dust-wipe testing that dust-lead residues are below the levels permitted by regulation. The proposed rule covers most pre-1978 housing and "child-occupied facilities," such as schools and daycare centers.
So, what does this mean to you? Quite a bit, actually. Here are a few of the many ramifications for our industry:
- EPA’s clearance testing rule makes the contractor (a.k.a., window and door dealer) responsible for cleaning pre-existing lead hazards in the home, blurring the lines between dealers and LBP abatement firms;
- Window and door dealers may be subjected to a variety of state and local regulatory mandates arising from the EPA's granting of enforcement authority to government bodies at those levels; and,
- You may be subject to certain new liability issues once you, as the contractor, inform a homeowner/tenant of a lead hazard remaining in the building following a renovation.
As usual, the EPA's new rules, while well-intentioned, add another onerous burden on the backs of window and door dealers. As a result, the Window & Door Dealers Alliance and National Glass Association are actively pursuing changes to the rule. The WDDA submitted comments on behalf of thousands of dealers in August 2010 and we intend to meet at the White House with key staff from the Office of Information and Regulatory Affairs soon.
We face a daunting challenge, but we remain vigilant in our fight to bring reason to these policies. Be sure to visit www.wddalliance.org and www.glass.org for more information and to learn how you can join our efforts.
We face a daunting challenge, but we remain vigilant in our fight to bring reason to these policies. Be sure to visit www.wddalliance.org and www.glass.org for more information and to learn how you can join our efforts.
More details can also be found at the EPA website or by contacting the EPA at National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; (202) 564-0484; (Federal Register: July 7, 2010 [Proposed Rules], Page 38959).
1 comment:
The Certified Renovator can not do lead testing. There are 3 additional prohibited practices. Where EPA has a 6 sq ft exclusion, HUD's is 2 sq ft. Clearance testing is required.
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