Fast Forward Three Years: Two Resources You Need to Respond to an EPA Inquiry for Lead-Based Paint Usage
I realize that these regulations and rules may be three years old, but in 2010 the EPA imposed continuing requirements on persons and entities working with lead-based paint. Recently, there have been reports of regional EPA offices seeking to investigate and audit various renovation contractors for whom the regulations would apply.
In 2008, the United States Environmental Protection Agence ("EPA") passed the Lead-Based Paint Renovation, Repair and Painting Program Rule, which became effective on April 22, 2010. The Rule requires that contractors performing renovation, repair, and painting projects that disturb more than six square feet of paint in homes, child care facilities, and schools built before 1978 must be certified and trained to follow specific work practices to prevent lead contamination. Requirements cover training, certification, and work practice.
More helpful, however, is the EPA's guide on "Small Entity Compliance Guide to Renovate Right: EPA’s Lead-Based PaintRenovation, Repair, and Painting Program," which includes several helpful flowcharts and decision trees regarding renovator certification, for example. The guide was published in July 2010, presumably to answer questions about the rule and its requirements.
If you are contacted by the EPA requesting information and other supporting documentation that evidences your compliance with the rules, then make sure you are prepared to cooperate and respond properly. Even if you are not in compliance, you may not be fined if you provide the requested information and cooperate fully with the EPA. You may also want to contact an attorney to assist with your compliance efforts.