EPA Enforces Lead-Safe Rule, Still Plans to Expand to Commercial Buildings

The Environmental Protection Agency (EPA) in November 2012 began issuing enforcement actions for violations of its Lead-Safe Renovation Repair and Painting rule, which went into effect in April 2010, and began mailing postcards to uncertified renovation contractors in target areas (download a PDF of the postcard).

Under the rule, contractors performing renovation, repair and painting projects that disturb more than six feet of lead-based paint in most pre-1978 homes, child care facilities and schools must be certified and follow specific work practices to prevent lead poisoning.

In addition, EPA’s regulatory agenda released Dec. 21, 2012 shows plans to issue a final rule by December 2016 that expands the program to all remaining commercial and public buildings. EPA’s plan follows an updated settlement agreement, issued last fall. In addition, EPA has announced a public request for information and subsequent public meeting to take place in June 2013.   

ABC has been wary of this expansion, questioning EPA’s authority to implement such a rule, and highlighting the agency’s failure to conduct a sector-specific analysis (despite being required to do so by the Toxic Substances Control Act) before moving forward with a proposal. Despite this, EPA has announced a public request for information and subsequent public meeting to take place in June 2013.