EPA RRP Rulemakings

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 made two amendments:  one 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 voluntarily withdrew the petition in October 2009. 
 

  • Summary of the EPA-Public Interest Petitioners Settlement Agreement
  • Settlement Agreement
  • Four Rulemaking Phases: Note that EPA may extend the deadlines with cause.
    • Opt-Out / Post Renovation Notification - Final rule signed April 22, 2010 and published May 6, 2010
    • Clearance / Dust Wipe Testing - Proposed rule published May 6, 2010 / Sign finalized rule by July 15, 2011
    • Non-Residential Buildings Exterior - Advanced notice of proposed rulemaking published May 6, 2010 / Sign proposed rule by December 15, 2011 / Sign final rule by July 15, 2013
    • Non-Residential Buildings Interior - Advanced notice of proposed rulemaking published May 6, 2010 / Seek advice of Science Advisory Board (SAB) by September 30, 2011 / Sign proposed rule within 18 months of receiving SAB report or decide rulemaking not necessary / Sign final rule within 18 months of proposed rule.

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.  NCHH put them into an easier to use Word format.


Tracking the Rulemaking
 

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