Representatives from HUD attended and participated in the workshop NARI attended, and HUD wants all RRP renovators to understand that RRP training does not qualify you for HUD work. HUD requirements are much more stringent and are similar to Abatement requirements. Contractors wishing to perform HUD work must complete a HUD approved training program and certification process.

State by State

The EPA's sole strategy for improving outreach and enforcement is centered on delegating authority to individual states and is providing small grants to implement this transition. For most states this means that legislation must first be proposed and approved to authorize some state agency to regulate the rule and provide funding for the state program.

Funding seems to be the big obstacle keeping states from taking on the regulation although some states see this as an opportunity for a revenue stream and plan on making money from registrations and fines! As the state takes over the program, that $37,500 maximum fine now switches over to the state for collection. Watch out as states start to see dollar signs!

NARI will be monitoring this state by state and will work with local NARI chapters to make sure this delegation takes place for the right reasons.

To date nine states have been delegated responsibility for RRP programs, some of these mirror EPA regulations, some have imposed more stringent requirements.

States that are now approved are:
Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oregon, Rhode Island, Utah and Wisconsin

Co-author Shawn McCadden has been quite involved in and has been following the RRP Rule in Massachusetts. The Massachusetts Department of Occupational Security (DOS) took over enforcement and administration of the rule on July 9, 2010. The Massachusetts rule is very similar to the EPA rule. However, the MA rule also includes many of the OSHA related requirements that contractors are already responsible for and that are missing and/or in some cases are impossible to comply with if following the EPA rule. In Massachusetts renovators are required to provide a written respirator program at the time of applying for a Lead-Safe Renovation Contractor license for their firm, must have a licensed Lead-Safe Renovation Supervisor (same as a certified renovator) on the jobsite at all times while employees work under containment and are also required to keep a log documenting when all workers enter and exit the contained work area.

Massachusetts has already started enforcing the rule. So far, unless violations are extreme, the DOS is warning and assisting those contractors who are operating in violation of the rule, giving them an ultimatum to apply for certification and take the required training within a specified and limited time frame. DOS will be following up with these individuals to confirm compliance. Fines in Massachusetts are up to $5000/day per violation. In mid July in Belmont Massachusetts, over 30 renovators and the general contractor on one large remodeling project were found to be in violation. Many other contractors have also been visited by DOS.

In region 3 NY, NJ, WV, and PA have no plans for delegation. Virginia has approved the legislation and is in the process of rulemaking. Maryland and Delaware have begun the legislative process but are stuck in legislature.

NARI is interested in the progress other states are taking to delegate the RRP to themselves and is complying a database of state information. If you are knowledgeable about what your state is doing we would appreciate your help and request that you email the GAC with pertinent information.