The EPA recently announced three enforcement actions for violations of the Lead Renovation, Repair and Painting rule. According to EPA’s Press Release, the enforcement actions were against an owner of rental apartments in Maine, a window and siding company in New Jersey, and a home repair company in Nebraska. Cumulatively, the defendants agreed to pay over $17,000 in penalties to resolve the alleged violations.
The LRRP rule (html) requires all contractors or individuals who are renovating housing and other child-occupied facilities that were built before 1978 to be supervised by a certified renovator and to use “lead-safe” work practices. Common renovation activities like sanding, cutting, demolition, window and door replacement are covered by the LRRP rule, which took effect in 2010. A more in-depth analysis of the LRRP rule can be found in our December 2011 Environmental Alert. In March 2012, Senator James Inhofe (R-Okla.), introduced the Lead Exposure Reduction Amendments Act, S. 2148 (pdf), which, among other things, would create an opt-out provision to the LRRP rule. Hogan Lovells Environmental Practice will continue to monitor the status of the LRRP rule and EPA’s enforcement of the rule.