January 9, 2019 Sweetnam and Schwartz

In April 2008, the EPA issued final regulations under the Toxic Substances Control Act (TSCA) to address lead-based paint hazards in child-occupied and target housing, including residential structures and public and commercial buildings constructed prior to 1978 where children spend a significant amount of time (known as the Lead Renovation, Repair, and Painting (RRP) Rule). The RRP Rule requires, among other things, that contractors and subcontractors be properly trained and certified and use safe work practices to minimize lead dust. The EPA has begun aggressivelyenforcing the RRP Rule. Several environmental and children’s advocacy groups filed suit against EPA seeking to expand the regulatory reach to repairs and renovations at commercial and public buildings (other than child-occupied facilities) to the extent such renovations create lead-based paint hazards.

In 2010, EPA issued an advance notice of proposed rulemaking (ANPRM) concerning renovation, repair,and painting activities in public and commercial buildings. EPA is in the
process of determining whether these activities create lead-based paint hazards, and, for those that do, developing certification, training, and work practice requirements as directed by TSCA. On December 31, 2012, EPA announced its intention to hold a public meeting and to seek comment and data pertaining to the renovation, repair, and painting activities on public and commercial buildings.

According to a Federal Register notice published on May 13, 2013, EPA has announced the public meeting date for June 26, 2013 and has extended the comment period until July 12, 2013. EPA has specifically requested information on:

    • The manufacture, sale, and uses of lead-based paint after 1978;
    • The uses of lead-based paint on public and commercial buildings;
    • The frequency and extent of renovations of public and commercial buildings;
    • Work practices used to renovate public and commercial buildings; and
    • Dust generation and transportation from exterior and interior renovations of public and commercial buildings.

Sweetnam and Schwartz, LLC has significant experience representing construction and demolition contractors and related companies in RRP matters. Any such companies seeking additional information on EPA’s proposed action or seeking to submit comments on the proposed RRP rule are welcome to contact Sweetnam and Schwartz, LLC for assistance.


Free Consultation