Lead based paint renovation repair and painting
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Lead-Based Paint Renovation, Repair, and Painting. Overview of Final Rule and Implementation Discussion April 2008. News!.

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Lead based paint renovation repair and painting

Lead-Based PaintRenovation, Repair, and Painting

Overview of Final Rule and Implementation Discussion

April 2008


Lead based paint renovation repair and painting

News!

  • EPA issued a final rule under the authority of § 402(c)(3) of the Toxic Substances Control Act (TSCA) to address lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in “target housing” and “child-occupied facilities.”

RRP Final Rule - Overview


Session overview

Session Overview

  • Statutory authority

  • Renovation studies

  • Final rule requirements

  • State and Tribal Program Authorization

  • Outreach

  • Important dates

RRP Final Rule - Overview


Statutory authority

Statutory Authority

  • For abatement:

    • Certify contractors.

    • Accredit training providers.

    • Develop work practice standards.

    • Allow state program authorization.

    • Final rule published on August 29,1996.

  • For renovation, repair and painting activities:

    • Establish guidelines for the conduct of renovation (September 1997).

    • Study hazards from renovation tasks (January 2000).

    • Revise the abatement regulations to apply to renovation activities that create lead hazards (April 2008).

RRP Final Rule - Overview


Abatement vs renovation

Abatement vs. Renovation

  • Abatements are intended to permanently eliminate existing lead hazards, and are generally performed in three circumstances:

    • A child with an elevated blood lead level

    • In housing receiving HUD financial assistance

    • State and local laws and regulations may require abatements in certain situations associated with rental housing.

  • Abatements are not covered by this rule.

RRP Final Rule - Overview


Abatement vs renovation1

Abatement vs. Renovation

  • Renovations are performed for many reasons, most having nothing to do with lead-based paint.

  • Renovations involve activities designed to update, maintain, or modify all or part of a building.

  • Renovations are covered by this rule.

  • The rule is designed to prevent the introduction of new lead hazards created by a renovation, not to address existing lead hazards.

RRP Final Rule - Overview


Renovation study findings

Renovation Study Findings

  • Renovation Studies (2000)

    • Typical renovation activities that disturb lead-based paint produce hazardous quantities of lead dust.

    • Typical cleanup methods (broom and shop vacuum) do not eliminate lead dust hazards.

    • There is a relationship between renovation and elevations in children’s blood lead levels.

  • Dust Study (2007)

    • Confirmed that control methods in the final rule were effective in reducing lead hazards

RRP Final Rule - Overview


Final rule signed march 31 2008

Final Rule (Signed March 31, 2008)

  • Purpose:

    • Persons performing renovations and dust sampling are properly trained;

    • Renovators, dust sampling technicians and firms performing these renovations are certified;

    • Lead-safe work practices are followed during renovations;

    • Providers of renovation and dust sampling technician training are accredited; and

    • Update Pre-renovation Education Rule to include child occupied facilities.

RRP Final Rule - Overview


Rule scope

Rule Scope

  • Renovation is defined as modification of any existing structure that results in the disturbance of painted surfaces, unless performed as part of an abatement.

  • Applies to renovations of target housing and child occupied facilities performed for compensation.

  • Child-occupied facilities may be located in public or commercial buildings or in target housing. Includes kindergarten classrooms and daycare facilities.

RRP Final Rule - Overview


Rule scope1

Rule Scope

  • Excludes:

    • Renovations that affect only components that have been determined to be free of lead-based paint.

    • Activities that disturb under 6 ft2 interior or 20 ft2 exterior. This excludes window replacement, demolition and projects involving prohibited practices.

    • Work done by individuals in housing they own and occupy.

  • Opt-out provision:

    • Homeowners may opt out of rule requirements if:

      • they occupy the housing to be renovated,

      • the housing is not a child-occupied facility, and

      • no child under age 6 or pregnant woman resides there.

    • Homeowner may still request lead-safe work practices.

RRP Final Rule - Overview


Lead based paint determination

Lead-based Paint Determination

  • Written determination by certified inspector or risk assessor, or

  • Written determination by certified renovator using a lead test kit

    • Acceptable test kits will have to meet the following criteria:

      • Phase 1: Be capable of determining the presence of lead at levels >/= 1.0 mg/cm2 or > 0.5% by weight; and should have no more than 5% false negative results.

      • Phase 2: Criteria above; and Should have no more than 10% false positive results.

    • EPA will publish a list of kits evaluated by NIST meeting Phase 1 criteria. Phase 1 kits will only be used until the first Phase 2 kit is approved.

    • New kits meeting phase 2 criteria are under development. New kits will be evaluated and approved by EPA’s ETV program.

RRP Final Rule - Overview


Pre renovation education

Pre-Renovation Education

  • Changes to the Pre-Renovation Education Rule

    • Renovations in common areas.

      • Firms may post informational signs in lieu of delivering information directly to each dwelling.

    • Before renovating a COF, renovation firms must:

      • Provide “Renovate Right” to building owner and adult representative of COF

      • Provide information about the renovation to parents & guardians of children under age 6 using facility by mail, hand-delivery or informational signs.

    • Informational signs must:

      • Be posted where they will be seen

      • Describe nature, locations, and dates of renovation

      • Be accompanied by “Renovate Right” or by info on how parents & guardians can get a free copy

RRP Final Rule - Overview


Pre renovation education1

Pre-Renovation Education

  • New brochure “Renovate Right” developed for all covered renovations

  • From June until December 2008, either new or old brochure may be used

  • After December 2008, only new brochure may be used

  • “Protect Your Family” brochure will still be available for other purposes like real estate disclosure and general outreach

RRP Final Rule - Overview


Certification firms

CertificationFirms

  • To be certified to perform renovation or dust sampling firms must submit an application and fee to EPA (fee to be determined)

  • Certifications are good for 5 years.

  • Certification allows the firm to perform renovations in any non-authorized state or Indian tribal area.

RRP Final Rule - Overview


Certification individuals

CertificationIndividuals

  • Must take 8-hour accredited training course:

    • Certified Renovators - perform & direct renovation activities

    • Dust sampling technicians - perform dust sampling not for an abatement

  • Course certificate serves as certification (no application to EPA required)

  • Refresher training is required every 5 years

  • Other workers do not need certification

  • Certification allows the renovator to perform renovations in any non-authorized state or Indian tribal area.

RRP Final Rule - Overview


Certification individuals1

CertificationIndividuals

  • Grandfathering

    • Individuals with certain previous training can take an accredited 4 hour refresher renovator course instead of the 8 hour initial course to become a certified renovator.

    • Acceptable training includes:

      • an accredited abatement worker or supervisor course, or

      • an EPA, HUD, or EPA/HUD model renovation training course

RRP Final Rule - Overview


Accredited training

Accredited Training

  • To be accredited to provide renovator or dust sampling technician training, trainers must submit an application and fee to EPA (fee to be determined)

  • Trainers must be re-accredited every 4 years.

  • Accreditation procedures are the same as established abatement training.

  • Course must last a minimum of 8 hours, with 2 hours devoted to hands-on training.

  • EPA is updating model courses.

  • Training providers must notify EPA of individuals who complete training.

  • Accreditation allows the trainer to conduct training in any non-authorized state or Indian tribal area.

RRP Final Rule - Overview


Work practice standards firm responsibilities

Work Practice Standards Firm Responsibilities

  • Firms performing renovations must ensure that:

    • All individuals performing renovation activities are either certified renovators or have been trained by a certified renovator.

    • A certified renovator is assigned to each renovation and performs all of the certified renovator responsibilities.

    • All renovations performed by the firm are performed in accordance with the lead-safe work practice standards.

    • The firm supplies lead hazard information pamphlets to owners or managers of the home or building to be renovated prior to starting the work.

    • The Lead RRP rule’s recordkeeping requirements are met.

RRP Final Rule - Overview


Work practice standards renovator responsibilities

Work Practice Standards Renovator Responsibilities

  • Perform project cleaning verification, and perform or direct workers who perform all other required tasks.

  • Provide training to workers on the work practices they will be using in performing their assigned tasks.

  • Regularly direct work being performed by other individuals to ensure that the work practices are being followed, including:

    • maintaining the integrity of the containment barriers, and

    • ensuring that dust or debris does not spread beyond the work area.

RRP Final Rule - Overview


Work practice standards renovator responsibilities1

Work Practice Standards Renovator Responsibilities

  • Be physically present at the work site:

    • When warning signs are posted.

    • While containment is being established.

    • While the work area cleaning is performed.

  • Be available, either on-site or by telephone, at all times that renovations are being conducted.

  • When requested, use an acceptable test kit to determine if lead-based paint is present.

  • Carry copies of their initial course completion certificate and most recent refresher course completion certificate.

  • Must prepare required records.

RRP Final Rule - Overview


Work practice standards general

Work Practice StandardsGeneral

  • Post signs defining the work area.

  • Isolate the work area so that no visible dust or debris can leave the work area.

  • Certain practices are prohibited

    • open-flame burning or torching

    • machines that remove lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, unless such machines are used with HEPA exhaust control

    • operating a heat gun above 1100 degrees Fahrenheit

RRP Final Rule - Overview


Work practice standards interiors

Work Practice StandardsInteriors

  • Remove or cover all objects from the work area.

  • Close and cover all ducts in the work area.

  • Close or cover all windows and doors in the work area.

  • Cover the floor surface of the work area with plastic sheeting.

  • Ensure that all personnel, tools, and other items including waste are free of dust and debris when leaving the work area.

RRP Final Rule - Overview


Work practice standards exteriors

Work Practice StandardsExteriors

  • Close all doors and windows within 20 feet of the renovation.

  • Cover the ground with plastic sheeting extending out from the edge of the structure a sufficient distance to collect falling paint debris.

RRP Final Rule - Overview


Work practice standards waste

Work Practice StandardsWaste

  • During renovation, waste must be contained to prevent releases of dust and debris.

  • At the end of each work day and at the end of the job, waste must be contained or enclosed to prevent release of dust and debris and prevent access.

  • When the firm transports waste, it must be contained to prevent releases of dust and debris.

RRP Final Rule - Overview


Work practice standards cleaning

Work Practice StandardsCleaning

  • After the renovation has been completed, the firm must clean the work area until no visible dust, debris or residue remains.

  • Pick up all paint chips and debris.

  • Remove all protective sheeting.

  • Dispose of paint chips, debris and sheeting as waste.

RRP Final Rule - Overview


Work practice standards cleaning1

Work Practice StandardsCleaning

  • Clean all objects and surfaces in and around the work area.

    • Clean walls with a HEPA-equipped vacuum or with a damp cloth.

    • Vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA-equipped vacuum.

    • Wipe all remaining surfaces and objects in the work area with a damp cloth.

    • Mop uncarpeted floors.

RRP Final Rule - Overview


Cleaning verification

Cleaning Verification

  • Wipe floors and windowsills with wet cleaning cloth.

    • Use one cloth for each 40ft2 section of floor.

  • If the cloth does not match the verification card, re-clean that surface and then re-wipe with a wet cleaning cloth.

  • If this cloth does not match the cleaning verification card, allow the surface to dry completely and wipe with a dry cleaning cloth.

  • Alternatively, laboratory dust sampling is an option where the contract or another Federal, State, or local regulation requires dust sampling by a certified professional and requires the renovation firm to clean the work area until it passes clearance.

RRP Final Rule - Overview


Recordkeeping requirements

Recordkeeping Requirements

  • All documents must be retained for 3 years following the completion of a renovation.

  • Records to be retained include:

    • Reports certifying that lead-based paint is not present

    • Records required by the Pre-renovation Education Rule

    • Any signed and dated statements received from owner-occupants documenting that the requirements do not apply (i.e., no child under age 6, no pregnant woman, no child occupied facility)

    • Documentation of compliance with the requirements of Renovation, Repair, and Painting Rule (EPA has prepared a sample form to assist with this documentation).

RRP Final Rule - Overview


Lead based paint renovation repair and painting

Fees

  • EPA will charge fees to recover cost of program

  • Fees will apply to all firm certification and training provider accreditation applications

  • Fees will not apply to certified RRP individuals (who do not apply to EPA)

  • Separate Fee Rule expected July 2008 (proposal) and March 2009 (final)

RRP Final Rule - Overview


Enforcement and penalties

Enforcement and Penalties

  • EPA may suspend, revoke, or modify a firm’s certification if firm is found to be in non-compliance.

  • Non-compliant contractors may be liable for civil penalties of up to $25,000 for each violation.

  • Contractors who knowingly or willfully violate this regulation may be subject to fines of up to an additional $25,000 per violation, or imprisonment, or both.

RRP Final Rule - Overview


State and tribal program authorization

State and Tribal Program Authorization

  • Purpose/Benefits of State & Tribal Program Authorization

    • better designed programs

    • more tailored programs

    • better targeted programs

    • better accepted programs

    • better enforced programs

    • more effective programs

RRP Final Rule - Overview


State and tribal program authorization1

State and Tribal Program Authorization

  • States, tribes and territories may apply for program authorization 60 days after final rule.

  • Not required to have an authorized abatement program in order to seek renovation authorization.

  • Not required to seek renovation authorization to retain an existing abatement program authorization.

  • EPA will begin implementation of a federal program in all non-authorized states, territories and tribal areas in April 2009.

RRP Final Rule - Overview


State and tribal program authorization2

State and Tribal Program Authorization

  • States and Tribes may

    • Begin developing programs now

    • Begin preparing to apply now

    • Apply beginning in June 2008

  • Programs must be at least “as protective as” EPA requirements, when viewed as a whole, and have "adequate enforcement“

  • Reciprocity will be encouraged

RRP Final Rule - Overview


State and tribal program authorization3

State and Tribal Program Authorization

  • Application Process

    • Public Notice

      • Provide opportunity for public hearing prior to submittal

    • Application Contents

    • Application Submission

    • EPA Review

      • Within 60 days, EPA will provide opportunity for public hearing and public comment

      • Within 180 days, EPA will authorize or disapprove

      • Self-certification timelines are different

RRP Final Rule - Overview


State and tribal program authorization4

State and Tribal Program Authorization

  • Components of an Application

    • Cover Sheet

    • Program Summary for notifications

    • Governor's Letter requesting approval

    • Attorney General's Statement of adequate legal authority

    • Program Description with required elements

    • Copies of all statutes, regulations, standards, other materials

RRP Final Rule - Overview


State and tribal program authorization5

State and Tribal Program Authorization

  • Required Program Elements

    • Pre-renovation education

      • Requirements for the distribution of lead hazard information to owners and occupants of target housing and child-occupied facilities before renovations for compensation.

    • Renovation, Repair, and Painting

      • Requirements for the accreditation of renovation and dust sampling technician training programs.

      • Requirements for the certification of renovators, dust sampling technicians, and firms.

      • Requirements that all renovations be conducted by appropriately certified individuals and/or firms.

      • Work practice standards for the conduct of renovations.

RRP Final Rule - Overview


State and tribal program authorization6

State and Tribal Program Authorization

  • Enforcement & Compliance Program Description

    • Adequate Standards, Regulations, and Authority

    • Performance Component

    • Summary on Progress and Performance

    • Interim & Final Approval

RRP Final Rule - Overview


State and tribal program authorization7

State and Tribal Program Authorization

  • Self-Certification

    • State may certify that program is at least “as protective as” EPA requirements and provides for “adequate enforcement”

      • Certification must be in form of letter from Governor or Attorney General to EPA Administrator

      • Must reference program analysis

RRP Final Rule - Overview


State and tribal program authorization8

State and Tribal Program Authorization

  • Self-Certification

    • EPA will review application and request program changes where necessary

    • Within 180 days, EPA will provide opportunity for public hearing and comment

    • However, if State self-certifies, program will be deemed authorized until disapproved or withdrawn by EPA

RRP Final Rule - Overview


State and tribal program authorization9

State and Tribal Program Authorization

  • To assist, EPA is developing:

    • Authorization package, including instructions and illustrative forms

    • Sample model legislation

    • Fee structure, for use by EPA and as models for States

    • Technical assistance availability

    • Grants

RRP Final Rule - Overview


Outreach to non regulated parties

Outreach to Non-regulated Parties

  • EPA intends to conduct an outreach and education campaign designed to encourage homeowners and other building owners to follow lead-safe work practices while performing renovations or hire a certified renovation firm to do so.

RRP Final Rule - Overview


Important dates

Important Dates

  • June 2008:

    • States and tribes may begin applying for authorization

    • 406(b) applies to COFs

    • Some restrictions apply to unaccredited training programs

  • December 2008:

    • “Renovate Right” brochure must be used for 406(b)

  • April 2009:

    • EPA begins administering program in unauthorized states

    • Training providers may begin applying for accreditation

  • October 2009:

    • Renovation firms may begin applying for certification

  • April 2010:

    • Training providers must be accredited

    • Renovation firms must be certified

    • Renovators and dust sampling technicians must be certified

    • Workers must be trained

    • Work practices must be followed

RRP Final Rule - Overview


For more information

For More Information:

Ron Morony

Acting Chief, lead ,Heavy Metals and Inorganics Branch

(202) 566-0474

National Program Chemicals Division

Office of Pollution Prevention & Toxics

US EPA

Washington, DC 20460

RRP Final Rule - Overview


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