The EPA Renovation, Repair, and Painting (RRP) Rule is the most important federal lead regulation since the HUD Lead-Safe Housing Rule a decade ago. It has the potential to ensure the widespread use of lead-safe work practices in homes and child-occupied facilities and may be extended to public and commercial buildings in the future.
Congress adopted the Residential Lead-Based Paint Hazard Reduction Act in 1992. It amended the Toxic Substances Control Act to add a Title IV on Lead Exposure Reduction. Section 402(c)(3) of TSCA (15 U.S.C. 2682(c)(3) required that EPA adopts regulations on or before October 28, 1996 for renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings that create lead-based paint hazards.
On April 22, 2008, EPA published the Renovation, Repair, and Painting (RRP) Rule to fulfill this mandate. Since then, EPA has amended the rule two times: The first was a technical amendment that did not change the substance of the rule, and the other established fees for training providers and renovation firms.
Shortly after the rule was filed, several parties challenged the rule in the federal court of appeals. On August 23, 2009, the public interest petitioners reached a settlement with EPA. EPA agreed to propose a series of four rulemakings to address the concerns and to make final decisions on the proposed changes according to a specific schedule covering six years. The industry petitioner withdrew the petition voluntarily in October, 2009. On September 7, 2012, the public interest petitioners and EPA revised the settlement agreement to combine the rulemakings on the interiors and exteriors of public and commercial buildings.
In August 2009, several public interest groups petitioned EPA to revise its regulatory definitions of lead-based paint and lead-based paint hazards. EPA accepted the petition on October 22, 2009 effectively committing it to additional rulemaking.
For the latest word on EPA's rulemakings, go to www.epa.gov/lead/pubs/regulation.htm. Sometimes EPA's rulemakings are difficult to track.
Tracking the Rulemaking
- Original Final Rule - Fed. Reg. Notice Final Economic Impact Analysis /Change in Analysis from Draft
- EPA Penalty Rule: December 11, 2008 - Fed. Reg. Notice Increased the maximum penalty from $32,500 to $37,500
- Fee Rule: March 20, 2009 - Fed. Reg. Notice Final Economic Impact Analysis
- Technical Corrections: May 8, 2009 Fed. Reg. Notice
- Technical Corrections: July 15, 2009 Fed. Reg. Notice
- Opt-Out/Post Renovation Notice Proposed Rule: October 28, 2009 Fed. Reg. Notice Draft Economic Impact Analysis
- Opt-Out/Post Renovation Notice Final Rule: May 6, 2010 Fed. Reg. Notice
- Clearance/Dust Wipe Testing Proposed Rule: May 6, 2010 Fed. Reg. Notice
- Non-Residential Buildings Proposed Rule: May 6, 2010 Fed. Reg. Notice
- Clearance/Dust Wipe Testing Final Rule: July 15, 2011 Fed.Reg.Notice