My firm is removing and replacing a furnace. The surface area of the old furnace exceeds six square feet. Does the RRP Rule apply to this activity?
The RRP Rule applies to modifications of an existing structure, or portions thereof, that result in the disturbance of painted surfaces. Fixtures such as furnaces, radiators and heating elements, as opposed to personal property, are part of existing structures for RRP purposes.
In this case, if the surface coating of the furnace will not be disturbed when the furnace is removed, then the RRP Rule does not apply. If the surface coating will be disturbed, then the RRP Rule applies absent a determination pursuant to 40 CFR 745.82(a) that the furnace is free of lead-based paint.