If a certified renovator using an EPA-recognized product or paint chip sampling determines that the components that will be affected by a renovation are free of lead-based paint, can a firm that does not have RRP certification do the actual renovation work? What record-keeping requirements would apply?
Answer:
The RRP Rule applies unless you have determined that all the components affected by the renovation, including the windows, are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight. This determination must be made either by a certified inspector or risk assessor, or by a certified renovator using an EPA recognized test kit or performing paint chip sampling. You must keep records of any lead-based paint free determination and make the records available to EPA if requested.
Question (23002-18220)
If a certified renovator using an EPA-recognized test kit or paint chip sampling determines that the components that will be affected by a renovation are free of lead-based paint, can a firm that does not have RRP certification do the actual renovation work? What record-keeping requirements would apply?
Answer:
Where a certified renovator performs paint chip sampling or uses an EPA-recognized test kit following the kit manufacturer’s instructions, tests each component affected by the renovation, and determines that the components are free of paint or other surface coatings that contain lead at regulated levels, the renovation can be performed by a non-certified firm and without regard to the work practice standards or record-keeping requirements of the RRP Rule. See 40 CFR 745.82(a)(2). However, the certified renovator and firm performing the testing are still subject to the recordkeeping requirements of 745.86(b)(1)(ii) and (iii), and 745.86(a) and (c). Specifically, the certified renovator must prepare a record that states the brand of test kit used or the name and address of the NLLAP-recognized entity performing the paint chip analysis, a description of the components tested including their location, and results of the tests. The certified renovator’s firm must retain a copy of this record for three years. EPA further recommends that the firm actually performing the renovation also retain a copy of these records to demonstrate that compliance with the RRP Rule was not required. The key here is the statement that the description of the components tested including their location, and the results of the tests. I contacted the author of the Lead Records Organizer, Dr. Vasek, and he recommended the following forms to use from the Lead Records Organizer:
Tab 1 – Job Information
Tab 2 – Renovate Right Pamphlet
Tab 3 – Test for Lead-Based Paint
In addition, if you want to be very safe take a photo with your cell phone. Some cell phones will record the location, date, and time of the photo.
