My firm was hired to scrape and repaint siding on a pre-1978 home. The siding is relatively new and was installed after 1978, but was nailed over top of the old lead-based exterior paint. Does the RRP Rule apply?
Yes. The RRP Rule applies to a renovation in target housing unless it has been determined that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter (mg/cm2) or 0.5% by weight. Even though you may only disturb paint on the new siding, the RRP Rule applies unless a trained and certified person determines that lead-based paint is not present on the surfaces being disturbed. This determination must be made by a certified inspector, risk assessor or certified renovator using an EPA-recognized lead test kit or paint chip sampling and lab analysis. Certified inspectors or risk assessors may also use additional testing methodologies (i.e., XRF analysis, etc.) allowed under their certifications. See 40 CFR 745.82(a)(1). Certified inspectors and risk assessors may determine that a component does not contain lead-based paint because it has been replaced or installed after 1978.
If the certified inspector, risk assessor or renovator determines that lead-based paint is not present, the determination must be documented in accordance with the recordkeeping and reporting requirements of 745.86(b)(1)(ii) and (iii), and 745.86(a) and (c), but the requirements of the RRP Rule do not otherwise apply. See also FQ 23002-18220.