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Massachusetts Seeking to Administer and Enforce the EPA RRP Rule

Posted by Mark Paskell on Tue, Mar 02, 2010 @ 09:34 PM

Just found out that there will be a public hearing for the state of Massachusetts to take over the administration and enforcement of the EPA RRP lead Rule. I was informed by the Boston EPA office last night. I am glad the EPA gave me a heads up. The EPA will be present at this important meeting.

I am perplexed why the state of Masschusetts is not including the building industry in their notifications. The EMNARI chapter has not been informed. I do not know about the builders association.

To date we have provided EPA RRP training for 400 contractors and one of the most common statements is the lack of notification from officials. I just happened to call the EPA on an unrelated matter and they informed me of this hearing. When I receive important information like this I will let you know on this blog.

I will be joned by Shawn McCadden and Greg Antonoili to represent EMNARI and the residential construction industry.

I will write a blog post about this hearing later in the week to help my readers stay informed.

Here is the notification;

In accordance with 40 CFR 745.324(a)(2), the Massachusetts Division of Occupational Safety (DOS) will hold a Public Hearing to receive comments on its intent to seek authorization from the United States Environmental Protection Agency (EPA) to administer and enforce a regulatory program for renovation, repair and painting work that disturbs lead paint in pre-1978 housing and child-occupied facilities.  To meet the requirements for EPA authorization, the DOS-administered program must be as protective as that set forth in EPA regulations at 40 CFR 745.80 through .92 - the Renovation, Repair and Painting Rule (RRP Rule).  The lead regulatory program set forth in the RRP Rule, which will become fully effective on April 22, 2010, includes requirements for the certification of firms carrying out work subject to the Rule, training of supervisors and work practice standards.  The hearing will be held on Wednesday March 3, 2010, from 12:30 p.m. to 2:30 p.m. in the South Street Amphitheater of the UMass Medical School at 333 South Street, Shrewsbury, MA.  Comments on DOS' intent to seek this authorization may be sent to Laura Marlin, Commissioner, Massachusetts Division of Occupational Safety, 19 Staniford Street, 2nd Floor, Boston, MA  02114 until the close of business on March 12, 2010.


Proposal to Seek EPA Authorization to Regulate Renovation Work Involving Lead Paint



As allowed in EPA lead paint regulations at 40 CFR 745.324, the Division of Occupational Safety (DOS) is proposing to apply for EPA authorization to administer and enforce standards for renovation work that disturbs lead paint in pre-1978 residences and child-occupied facilities.  DOS had previously applied for and received a similar EPA authorization to administer state standards for deleading work in 1999.


The Division of Occupational Safety and the Childhood Lead Poisoning Prevention Program (CLPPP) of the Department of Public Health have been administering the requirements of the Massachusetts Lead Law (M.G.L. 111, ss. 189A through 199B) for more than twenty years.  Pursuant to 105 CMR 460.000, CLPPP regulates lead paint inspections and standards for deleading compliance.  Pursuant to 454 CMR 22.00, first promulgated in 1989, DOS licenses contractors who carry out deleading work and prescribes the work practices for such work. 


In 1996, the federal EPA promulgated standards ("Lead Paint Activities" - 40 CFR 745.220 through 239) for deleading work in pre-1978 residences and child-occupied facilities.  These standards set forth licensing requirements for companies engaged in deleading work, training requirements for deleaders, work practice standards and job clearance requirements.  Pursuant to 40 CFR 745.324,  states with deleading regulatory programs as protective as the federal standard could apply to EPA to administer their own programs, in lieu of the federal deleading regulations being enforced by EPA in those states.  DOS amended its deleading regulations, 454 CMR 22.00, to bring them into line with the EPA deleading regulation in 1999 and applied for and received EPA authorization to administer its own standards in Massachusetts.  It has been administering those standards under EPA delegation since that time.


In April 2008, EPA promulgated regulations, the "Renovation, Repair and Painting Rule, (RRP Rule), 40 CFR 745.80 through 745.92, which regulate renovation work that disturbs more than de minimis quantities of lead paint in pre-1978 residences and child-occupied facilities.  Licensing and training requirements for companies and individuals carrying out this work, as well as work practice standards and job clearance standards are also specified.  As was the case with EPA's Lead-Based Paint Activities Rule, states with regulations and regulatory programs as protective as the federal standard can apply for EPA authorization to administer their own programs.  The Division of Occupational Safety (DOS) is planning to seek EPA delegation to administer a regulatory program for lead-safe renovation in Massachusetts pursuant to 454 CMR 22.00.  If DOS receives this delegation, it will have responsibility for administering and enforcing the Rule. If DOS does not receive delegation, EPA will have the responsibility for administering and enforcing the RRP Rule in the Commonwealth when the Rule becomes fully effective on April 22, 2010.

mark the coach

Tags: epa rrp, massachusetts, The Contractor Coaching Partnership