On July 9, 2010, the Massachusetts Division of Occupational Safety (DOS) received EPA authorization to administer its own standards for renovation, repair and painting work in target housing and child-occupied facilities, in lieu of the RRP Rule being enforced by the EPA in Massachusetts. These standards were published in the Massachusetts Register as amendments to DOS’ deleading regulations, 454 CMR 22.00, on July 9, 2010.

Consequently, contractors and other entities that were previously required to comply with the RRP Rule are now required to comply with the corresponding requirements of 454 CMR 22.00. Many of the renovation-related requirements of 454 CMR 22.00 are similar to, or the same as the corresponding requirements of the RRP Rule, although there are some differences -- These are addressed in the Frequently Asked Questions (FAQ) page published by the state Here.

BACKGROUND: Common renovation, repair and painting activities, including those involving sanding, sawing, grinding, scraping or demolishing lead-painted components can produce exposures to lead-containing dust and chips that can be harmful to adults and children. To protect against this exposure risk, the U.S. Environmental Protection Agency (EPA) issued the Renovation, Repair and Painting (RRP) Rule, 40 CFR 745, Subpart E, and it became effective on April 22, 2010. The RRP Rule applies to renovation, repair and painting work conducted for a fee that disturbs more than de minimis amounts of lead paint in pre-1978 housing and child-occupied facilities. Under the RRP Rule, contractors who perform regulated work must receive certification from EPA, use job supervisors who have one day of lead safety training from EPA-approved trainers, and follow specified lead-safe work practices.

• With certain exceptions, contractors and other entities who carry out work covered by these requirements must be licensed as "Lead-Safe Renovation Contractors" by DOS. Affected occupations include, but are not limited to: painters, plumbers, electricians, window installers, general contractors, property maintenance workers, and remodelers.

• A person who has take a one-day "Lead-Safe Renovator Supervisor" or "Certified Renovator" course and is in possession of a current certificate of training issued by an approved training provider must be on site and in control of the work at all times when the work is in progress. Workers on such projects must be trained by the certified supervisor or a training provider licensed by DOS.

• The work must be carried out in accordance with work practice requirements specified in 454 CMR 22.00, including, but not limited to: testing of suspect materials, work area isolation or delineation, exclusion of personnel, covering of objects, acceptable work methods, cleanup and cleaning verification.

• Certain record keeping and notification requirements are also specified.