EPA Renovation, Repair, & Painting (RRP) Rule The Childhood Lead Poisoning Prevention Program Department of Health & Human Services 29 Hazen Drive Concord, NH 03301 Beverly Baer Drouin 1-800-897-LEAD (5323)
History of RRP • Final Rule issued April 22, 2010 • Under authority of 402(c)(3) of the Toxic Substances Control Act (TSCA) • Created to address lead-based paint hazards created by RRP activities that disturb lead-based paint in “target housing” and “child-occupied facilities”.
Why is Lead a Hazard for Children? • In young children, blood lead poisoning as low as 5 micrograms per deciliter (mcg/dl) can lead to permanent learning disabilities. • As little as 1 to 10 mcg/dl can lead to a decline of 6.2 IQ points. • Over 10,000 children in NH’s school system have been poisoned by lead-based paint.
Why is Lead a Hazard for Children? • Paint that contains lead can pose a health threat through various routes of exposure. • House dust is the most common exposure path. • Young children are at the most risk because of their hand-to-mouth activities.
What is EPA’s Statutory Authority? • TSCA 402(a) directed EPA to regulate activities such as: • Lead Inspection • Risk Assessments • Abatements
Statutory Authority for EPA to Regulate Lead • TSCA 402(c)( 3) directs EPA to revise the regulations to apply to renovation or remodeling activities that create lead-based paint hazards.
Statutory Authority for EPA to Regulate Lead • In the final RRP rule, EPA determined that RRP activities that disturb lead-based paint in target housing & child occupied facilities creates lead-based paint hazards.
Abatements are Generally Performed in Three Circumstances • In response to a child with an elevated blood lead (greater than 10mcg/dl). • Housing that receives HUD financial assistance. • State and local laws and regulations that may require abatement in certain situations associated with rental property. • Abatements are NOT COVERED by this rule.
Abatement vs. Renovation • Renovations are performed for many reasons, most having nothing to do with lead paint. • Renovations are designed to update, maintain, or modify all or part of a building. • Renovations are covered by this rule
What is Covered by this Rule? • 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 renovation of target housing and child occupied facilities for compensation.
What is a Child-occupied Facility? • Child-occupied facility may be located in public or commercial buildings or target housing. This includes kindergarten classrooms and daycares.
Rule Excludes • Renovation to components that have been determined to be free of lead-based paint. • Activities that disturb less than 6ft2 inside or 20ft2 outside. • Work done by individuals in their own home.
Lead-based Paint Determination • Written determination by a certified lead inspector or risk assessor. • Written determination by a certified RRP renovator using a lead test kit. Lead test kit must be approved by EPA.
Pre-Renovation Education • Renovation to Common Areas • Firms may post signs in lieu of delivering info directly to each tenant. • Renovations of Child-occupied facilities • Firms must provide “Renovate Right” to building owner and adult representative of day care.
Informational Signs • Must be posted where they will be seen. • Describe the nature, location and dates of renovations. • Be accompanied by “Renovate Right” or info on how parents can get a free copy of book.
Renovate Right Brochure • New “Renovate Right” book replaces “Protect Your Family”. • “Protect Your Family” is now used for real estate disclosure and general outreach.
Certification of Firms • To be a “Certified Firm” you must submit your application and $300 to EPA. • Certifications are good for 5 years. • Certifications allow firm to perform work in any non-authorized state or Indian tribal areas.
Certification of Individuals • Must take an 8-Hr. Accredited course • Certified Renovators can perform & direct renovation activities. • Dust Sampling Technicians can perform dust sampling NOT for an abatement.
Certification of Individuals • Must take an 8-Hr. Accredited RRP course. • Course certification serves as certification. (No application to EPA required). • Refresher training every 5 years. • Other co-workers do not not need certification.
Certification of Individuals • Grandfathering • Individuals with 8-Hr. Lead Safe Renovator training can take a 4-Hr. RRP Refresher. • Individuals with Lead Abatement worker or Supervisor training can take the 4-Hr. Refresher.
Accredited Training Providers • Firms must submit application and fee to EPA. • Trainers must be re-accredited every 4 years. • Course must be a minimum of 8 hours with 2 hours devoted to hand-on training. • EPA provides the curriculum.
Work Practice StandardsFirm Responsibilities • 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 project & performs the Certified Renovator responsibilities. • Lead-safe Work Practices must be used. • The Certified Firm is responsible for educational piece. • The Certified Firm is responsible for record keeping requirements.
Work Practice StandardsCertified Renovator Responsibilities • Perform project cleaning verification. • Perform or direct workers who perform all other required tasks. • Provide training to workers on lead-safe work practices. • Provide oversight on the job.
Work Practice StandardsCertified Renovator Responsibilities • Be physically present on the work site • When warning signs are posted • While containment is being established. • While the work area cleaning is performed • Be available on-site or by phone when renovation activities are being conducted.
Work Practice StandardsCertified Renovator Responsibilities • When requested used a lead test kit to determine if lead-based paint is present. • Carry copies of course certification. • Prepare all the required records.
Work Practice StandardsGeneral • Post signs defining work area. • Isolate the work area so that no visible dust or debris leaves the work area.
Work Practice StandardsGeneral • Prohibited practices • Open-flame burning or torching • Sanding, grinding, power planning, needle gun, abrasive blasting, or sand-blasting UNLESS used with HEPA exhaust control. • Heat gun above 1,100 degrees Fahrenheit.
Work Practice StandardsInteriors • Remove or cover all objects in work area • Close or cover all ducts in work area • Close or cover all doors & windows in work area • Cover the floor surface with poly • Ensure that all personnel, tools and other items, including waste, are free of dust & debris when leaving the work area.
Work Practice StandardsExteriors • Close or cover all doors & windows within 20 feet of work area. • Cover the ground with poly out from the edge a sufficient distance to collect falling paint debris.
Work Practice StandardsWaste • All waste must be contained to prevent releases of dust & debris. • At the end of each day and at the end of the job, waste must be contained and enclosed to prevent release of dust and debris and prevent access. • When the waste is transported it must be contained to prevent release of dust and debris.
Work Practice StandardsCleaning • After the work has been completed, the area must clean until no visible dust or debris remains. • Remove all poly. • Dispose of paint chips, debris and poly as waste.
Work Practice StandardsCleaning • Clean walls with HEPA vacuum or damp cloth. • Vacuum all surfaces and objects with HEPA Vacuum. • Wipe all surfaces & Objects with a damp cloth. • Mop uncarpeted floors.
Cleaning Verification • Wipe floors & windowsills with wet cleaning cloth (use one cloth for every 40ft2). • Match color of cloth with cleaning verification card. • If cloth is dirty , then re-clean and re-wipe with wet cleaning cloth. • If the cloth does not match the 2nd time, allow the surface to dry and wipe with a dry cleaning cloth.
Recordkeeping Requirements • All documents must be kept for 3 years. • Records must include: • Reports certifying that lead-based paint is not present. • Records require by the pre-renovation education rule. • Documentation of compliance with the requirements of RRP.
Individual Authorization • EPA’s purpose & benefit of wanting individual state & tribes be authorized to run the program • Better designed • More tailored • Better targeted • Better accepted • Better enforced • More Effective
State of NH Authorization • State of NH in process of completing RRP Feasibility Study. • Does NH have the resources and infrastructure to handle enforcement of the program? • NH’s program must be at least “as protective as” EPA’s. • RRP Feasibility Study released June, 2010.
For More Information about RRP Contact US EPA at 1-800-424-LEAD (5323) or www.epa.gov/lead/pubs/toolkits.htm
For Tips & Complaints on RRP Contact US EPA at www.epa.gov/region1/enforcement/ leadpaint/PreRuleComplaintForm.html