WASHINGTON (Jan. 21, 2022) — Today, the U.S. Environmental Protection Agency (EPA) announced it will proceed on March 21, 2022 to withdraw previously published answers to two Frequently Asked Questions (FAQs) concerning property management companies and their compliance responsibility under the Toxic Substances Control Act (TSCA) and the Lead Renovation Repair and Painting (RRP) Rule. With the withdrawal of these FAQs, EPA affirms that property management companies (PMCs) that perform, offer, or claim to perform regulated renovations in pre-1978 housing or child-occupied facilities are required to obtain certification from the EPA and ensure that renovations in the homes they manage are performed by certified firms and employees trained to use lead-safe work practices. Withdrawing the PMC FAQs signals that EPA plans to hold both the PMCs and the contractors they hire responsible for compliance if the circumstances indicate that both entities performed or offered to perform renovations for compensation in target housing or child-occupied facilities.
“Compliance with the lead-based paint RRP rule’s requirements protects people, especially young children, from the hazardous effects of lead,” said Larry Starfield, Acting Assistant Administrator for the EPA’s Office of Enforcement and Compliance Assurance. “With this action EPA is notifying property management companies that EPA will assess RRP Rule compliance based on the broadly applicable language of the RRP rule, whether the property management company uses its own employees or hires an outside firm to perform the renovation.”
