Updated EPA guidance outlines responsibilities of property management companies under lead-based paint rule

The Environmental Protection Agency (EPA) intends to withdraw two answers to frequently asked questions about the responsibilities of property management companies (PMCs) to comply with the lead-based renovation, repair and paint rule ( RRP) of the agency. EDF welcomes the agency’s action, which complies with the spirit of the rule. The agency’s Federal Register the notice explaining the change also has important implications for improving compliance.

In comments submitted this week, EDF encouraged the EPA to further revise the guidance by replacing withdrawn responses with the agency’s own detailed explanation to help PMCs – as well as residents, contractors and homeowners – better understand who is responsible for complying with the RRP. to reign.

The RRP is essential to protect children from the dangers associated with renovations and other projects that can disrupt lead-based paint in their homes. As the EPA analysis points out, PMCs play an extremely important role in protecting children and families from lead poisoning.

The 50 largest PMCs control 3.4 million units. These management companies are effectively contractors for homeowners and property owners, often supervising or hiring other contractors to carry out RRP-regulated renovations.

Under the RRP, contractors generally must be certified if the business is engaged in, offers to engage in, or purports to engage in activities regulated by the RRP.

As the EPA explains, PMCs must be certified if they:

  • Offer to perform RRP activities under its agreement – ​​written or oral – with the owner;
  • Solicit and evaluate bids from contractors;
  • Apply for construction or renovation permits;
  • Provide entrepreneurs with access to ownership;
  • Supervise the work of the contractor on the property;
  • Inform tenants of the renovation activity;
  • Check the completion of the renovation activity;
  • Pay the contractor; Where
  • Coordinate the work schedules of different contractors.

When the EPA proceeds with its planned guidance update, EDF encourages the agency to:

  • Provide clear answers to PMCs on their duties under the RRP Rule, keeping the questions removed, but providing new answers consistent with its explanation in its Federal Register note;
  • Verify that key PMCs are in compliance with the RRP through its Compliance Assurance and Enforcement Office; and
  • Provide guidance to estate agents handling similar tasks for sellers or buyers by adding a question regarding the role of estate agents involved in the sale or purchase of a property covered by the RRP rule, as estate agents may arrange for contractors, provide contractor access to property, verify work completion and manage payments to contractor.

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