UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20480
OCT 2 0 281?
O F R C k OF c h e m ic a l , s a f e ty AND POLLUTION POEVEHTIOU
Amy Chai National Association of Homebuilders 1201 15th Street NW Washington, DC 20005
Dear Ms. Chai:
Thank you for your letter of September 28, 2017, addressed to Erik Baptist. EPA's Senior Deputy General Counsel, regarding emergency renovations under the Renovation, Repair and Painting (RRP) Rule, In your letter, you request that EPA. provide additional guidance and flexibility concerning emergency renovations performed after the recent hurricanes that caused widespread damage in several states and territories.
We appreciate the opportunity to have met with you and NAHB staff on October 3rd to better understand your concerns. As discussed in the meeting, under the RRP Rule, emergency renovations are those performed in response to situations necessitating immediate action to address safety or public health hazards or threats of significant damage to equipment and/or property. Emergency renovations are exempt from certain rule requirements, such as renovator training and certification, to the extent: necessary to respond to the emergency. However, certain requirements still apply, such as cleaning and cleaning verification, to ensure that homes are lead-safe before residents return.
EPA agrees with the importance of appropriate flexibility to allow recovery efforts to adequately address the damage caused by these recent hurricanes. In order to react quickly to the concerns NAHB raised, EPA is considering clarifications to guidance to quickly address these issues. Regulatory changes, even via an expedited process, are unlikely to be put in place quickly enough to aid with current recovery efforts. During the meeting, EPA and NAHB agreed on some specific steps moving forward. First, we agreed that EPA would work with NAHB to consider whether establishing a timeframe for application of the emergency provision would be appropriate. NAHB committed to talking to their members mid letting EPA know what timeframe they believed would he appropriate. We look forward to further discussions regarding the timeframe your members deem most appropriate. Additionally, NAHB asked EPA to clarify the recordkeeping requirements for jobs performed under this as part of an emergency, and we are actively 'working on this. Finally, NAHB requested clarification of when the RRP requirements do not apply when a house is gutted and rebuilt. Per agreement in the meeting, EPA is currently considering how to clari fy guidance on these types of renovations.
A prire ns. fU & U * htp-fiVMNveps gov " Pontad Vvffh YDiffyO- Dii BEDAD pea DD '00% Posfo:ODiARAN' pDADAyS C/fofo: DDSri W:K;yC;Dd BapYD
Sierra Club v. EPA 18cv3472 NDCA
Tier 7
ED 002061 00042392-00001
As we move forward, my office will work closely with NAHB, as well as other EPA offices and regions, to provide you and your members with the assistance you seek in understanding and complying with the RRP rule requirements during emergency situations. We look forward to continuing these discussions and anticipate a constructive meeting on Monday, October 23, 2017. If you have any questions or would like to discuss this matter further, please contact Brian Frazer, Acting Director o f the National Program Chemicals Division, at (202) 566-1652.
Nancy TBeek, Ph.D., DAB'!' Deputy Assistant Administrator Office of Chemical Safety and Pollution Prevention
Sierra Club v. EPA 18cv3472 NDCA
Tier 7
ED_002061_00042392-00002