Opt-out Provision taken out of the RRP final Rule.

The EPA has removed the Opt-out provision in the Renovation, Repair, and Painting Program. 

A press release dated April 23, 2010 announced "A final rule to apply lead-safe work practices to all pre-1978 homes, effectively closing an exemption that was created in 2008. The rule will become effective 60 days after publication in the Federal Register."


The original RRP rule published in the Federal Register on April 22, 2008 included an opt-out provision that would:

"exempt a renovation firm from the training and work practice requirements of the rule when the firm obtains a certification from the owner of a residence he or she occupies that no child under age 6 or pregnant women resides in the home and the home is not a child-occupied facility.  Unless the target housing meets the definition of a child-occupied facility, if an owner-occupant signed a statement that no child under age 6 and no pregnant wom(e)n reside there and an acknowledment that the renovation firm will not be required to use the lead-safe work practices contained in EPA's RRP rule, the renovation activity is not subject to the training, certification, and work practice requirements of the rule.  . . . "

Why remove the opt-out provision?


Because of the Opt-out provision and certain aspects of the recordkeeping and reporting requirements of the final rule published in 2008, several environmental and childrens health advocacy groups filed petitions with the Circuit Court of Appeals for the District of Columbia Circuit.  "On  August 24, 2009, EPA signed an agreement with the environmental and children's health advocacy groups in settlement of their petitions.  In this agreement EPA committed to propose several changes to the RRP rule, including the changes . . .  regarding the opt-out provision and recordkeeping requirements."
 
After reviewing the arguments presented in the petitions the EPA has determined that the benefits of eliminating the provision is worth the costs associated with the change.  In the Prepublication Copy Notice the EPA gives the following benefit:
 
"The benefits of the rule result from the prevention of adverse health effects attributable to lead exposure from renovations in pre-1978 buildings. These health effects include impaired cognitive function in children and several illnesses in children and adults, such as increased adverse cardiovascular outcomes (including increased blood pressure, increased incidence of hypertension, cardiovascular morbidity, and mortality) and decreased kidney function.

Removing the opt-out provision will protect children under the age of 6 who visit a friend, relative, or caregiver’s house where a renovation would have been performed under the opt-out provision; children who move into such housing when their family purchases it after such a renovation would have been performed; and children who live in a property adjacent to housing where renovation would have been performed under the opt-out provision. Removing the opt-out provision will also protect individuals age 6 and older who live in houses that would have been renovated under the opt-out provision; who move into such housing; and who live in adjacent properties."

To read more about this rule use the following link:

http://www.epa.gov/lead/pubs/LRRP%20Opt-out_FRM_PrepublicationCopy_2010-04-22.pdf