EPA Rule Set to Impact Contractors That Renovate Where Lead Paint is Present


A Rule issued by the Environmental Protection Agency nearly two years ago is about to impact contractors that perform renovations on schools, homes and child care facilities that were originally constructed before 1978. The reason . . . lead-based paint.

The Rule establishes the EPA’s Lead Renovation, Repair and Painting Program (the “Program”), and beginning in April 2010, contractors that perform, offer or claim to perform renovations in those facilities are required to become EPA certified.   The Rule was schedued to take effect in April 2010, but after several legal challenegs, the EPA postponed the levying of fines until October 1, 2010.  Additionally, the EPA will not enforce the Rule if the contractor has applied to enroll in or has enrolled in a training course on or before September 30, 2010 and has completed the course by December 31, 2010.

The focus of the rule is to protect children from ingesting lead paint dust or chips. However, many contractors are concerned that the Program will have the effect of driving up the costs of renovations, particularly because of the increased costs of training and operations. Others who plan to comply have voiced their concern that “non-compliant” contractors may be able to undercut their bids. Additional information on the Program can be found on the EPA website.