Recordkeeping requirements commenters

Jamie Smith is discouraged by the recordkeeping requirements of the company. She keeps forms for OSHA and an additional form for workers compensation requirements. When a compliance officer arrives for a routine inspection, she is surprised to learn that she does not have to keep all the forms. She is also surprised to learn a form must be posted during the months of February through April. She has not posted the form in the past, but now assumes she should after the comment made by the compliance officer. The biggest surprise arrives three months later when the company receives a citation because the appropriate company official did not sign the form. 

Consistent with the 2006 Proposal and the 2007 Supplemental Proposal, this final rule requires renovation firms to maintain this signed statement, which must include the address of the housing being renovated, for 3 years after the completion of the renovation. Again, although EPA received comments on the merits of this exception, no comments were directed specifically to the recordkeeping requirement. EPA has determined that the recordkeeping requirement is necessary to allow EPA to monitor compliance with the terms of this exception. 

However, EPA agrees with those commenters who felt that the recordkeeping requirements were vague, particularly in light of the draft recordkeeping checklist itself and the amount of time that EPA estimated it would take a renovation firm to complete... 

In response to these commenters, EPA has revised that draft recordkeeping checklist to be more in the nature of a checklist, with a certification that the representations on the form are true and correct. Narrative information is still required where necessary, such as an identification of the brand of test kits used, the locations where they were used, and the results. EPA has also revised the regulatory text to describe the specific information that must be provided and the specific items for which a certification of compliance is required. 

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