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Lead-Based Paint Renovation, Repair, and Painting

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Lead-Based Paint Renovation, Repair, and Painting

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  1. Lead-Based PaintRenovation, Repair, and Painting Overview of Final Rule and Implementation Discussion April 2008

  2. 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

  3. Session Overview • Statutory authority • Renovation studies • Final rule requirements • State and Tribal Program Authorization • Outreach • Important dates RRP Final Rule - Overview

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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

  27. 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

  28. 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

  29. 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

  30. 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

  31. 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

  32. 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

  33. 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

  34. 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

  35. 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

  36. 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

  37. 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

  38. 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

  39. 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

  40. 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

  41. 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

  42. 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

  43. 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