Pre-Renovation Education Rule

C. Distributing informational Pamphlets Before Renovating—the Pre-Renovation Education Rule... 

The EPA has not developed an enforcement response policy specifically for the Renovation, Repair, and Painting Rule or the Pre-Renovation Education Rule. In In the Matter of Millennium Quests, Inc., the Regional Judicial Hearing Officer relied on the enforcement response policy for PCBs in the absence of an enforcement response policy that was directly applicable to the Pre-Renovation Education Rule. 

EPA proposed to incorporate into this regulation the minor maintenance exception for the Pre-Renovation Education Rule. The proposed minor maintenance exception would have applied to projects that disturb 2ft or less of painted surface per component. The preamble to the 2006 Proposal discusses the history of this exception and requested comment on potential changes. 

In particular, EPA noted that HUD s Lead Safe Housing Rule, at 20 CFR 35.1350(d), includes a de minimis exception for projects that disturb 2fF or less of painted surface per room for interior projects, 20 fF or less of painted exterior surfaces, and 10% or less of the total surface area on an interior or exterior type of component with a small surface area. If less than this amount of painted surface is disturbed, HUD s lead-safe work practice requirements do not apply. EPA s Lead-Based Paint Activities Regulation incorporates this as an exception for small projects at 40 CFR 745.65(d). EPA requested comment on whether the minor maintenance exception in this regulation should be consistent with other EPA regulations and the HUD Lead Safe Housing Rule. This provision describes the applicability of the Pre-Renovation Education Rule as well as this final rule. 

Most commenters expressed support for consistency in the various lead-based paint regulations administered by EPA and HUD. They noted that a consistent exception for small projects or minor maintenance would be easier for the regulated community to apply. Many of these commenters recommended 2 ft for interior projects and 20 fT on exterior surfaces. While some commenters supported a per component exception, several commenters specifically noted that the per component aspect of the existing Pre-Renovation Education Rule exception was problematic in that it could result in the disturbance of large areas of painted surfaces in a single room. Other commenters recommended that the threshold area for the exception be made smaller or the exception abolished. 

Several commenters expressed concerns about how the exception would be applied, and whether various activities would be covered by the rule or exempt under the minor maintenance exception. Window replacement was of interest to several commenters, who referred to EPA s previous guidance on window replacement under the Pre-Renovation Education Rule. That guidance states that window replacement, for various reasons, cannot qualify for the minor maintenance exception. 

It has always been EPA s interpretation of the Pre-Renovation Education Rule that renovators could not artificially split up projects to avoid having to provide the pamphlet. In response to this comment, EPA has inserted clarifying language on this into the definition of minor repair and maintenance activities at 40 CFR 745.83. This definition states that jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity. 

EPA further stated that it would not consider a subcontractor to be a renovator for purposes of the Pre-Renovation Education Rule so long as the subcontractor has no direct contractual relationship with the property owner or manager relating to the particular renovation. EPA s reasoning is that the information distribution requirements should be fulfilled... 

With respect to the new renovation-specific pamphlet and the requirements of the Pre-Renovation Education Rule, as of the effective date of the rule, June 23, 2008, renovators or renovation firms performing renovations in states and Indian tribal areas without an authorized Pre-Renovation Education Rule program may provide owners and occupants with either of the following EPA pamphlets Protect Your Family from Lead in Your Home or Renovate Right Important Lead Hazard Information for Families, Child Care Providers and Schools. As of December 22, 2008, Renovate Right Important Lead Hazard Information for Families, Child Care Providers and Schools must be used exclusively. 

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