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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

slide2
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

slide29
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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