If a renovation is taking place in a home built in 1950, but in an addition that was built in 1980, does the RRP Rule apply to the renovation?
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 milligrams per square centimeter (mg/cm2) or 0.5% by weight.
For purposes of the RRP Rule, only a certified renovator, inspector or risk assessor can make this determination. Certified renovators must base their findings on the results of an EPA-recognized test kit or paint chip sampling. See 40 CFR 745.82(a)(2) and (3). Certified inspectors or risk assessors may also base their findings on the results of an EPA-recognized test kit, or can use the additional testing methodologies (ex. XRF analysis, etc.) allowed under their certifications. See 40 CFR 745.82(a)(1). Notably, certified inspectors and risk assessors may determine that a component does not contain lead-based paint because it has been replaced after 1978.
Any firm performing paint chip sampling or testing for the presence lead-based paint for RRP purposes must keep a copy of the written determination and make the records available to EPA if requested.