U.S. Environmental Protection Agency Renovation, Repair and Painting Rule

1

U.S. Environmental Protection Agency

Renovation, Repair and Painting Rule

Presentation for NJ Lead and Beyond Conference, Edison, NJ

April 16, 2010Jeanette Dadusc, US EPA Region 2

2

Residential Lead-Based Paint (LBP) Hazards

April 2001 HUD’s “National Survey of Lead and Allergens in Housing”

26 million homes in the US (27 percent) have significant LBP hazards

Residential LBP hazards are more prevalent in the Northeast and Midwestern states

3

Why do we need regulations for

LBP? Exposure to lead can cause learning disabilities and behavioral problems in developing children.

In extreme cases, exposure may result in death.

4

Regulations addressing LBP Hazards

1978 Consumer Product Safety Commission banned lead in consumer paint

1992 Residential Lead-Based Paint Hazard Reduction Act (Title X)

5

Title X added Title IV to TSCA

Section 1018—Real Estate Disclosure Section 402(a)/404—LBP Activities [Abatement]

Training and Certification Section 405—National Lead Laboratory

Accreditation Program [NLLAP] Section 403 – Hazard Standards for Lead in Paint,

Dust, and Soil Section 402(c)—Renovation, Repair, and Painting

(RRP) Rule Section 406(b)– Pre-Renovation Education Rule

6

Development of the RRP Rule

TSCA 402(c)(2) directs EPA to study renovation and remodeling activities

EPA consulted with national specialists

Categories of renovation activities which could result in exposure to lead…

7

Development of the RRP Rule paint removal

surface preparation removal of large structures (demolition) window replacement enclosure of exterior painted surfaces removal of carpet or other floor covering wallpaper removal HVAC repair or replacement including duct work repairs or additions resulting in isolated small surface

disruptions exterior soil disruption major renovation projects involving multiple target

activities

8

Development of the RRP Rule Phase 1: Environmental Field Sampling Study

Phase II: Worker Characterization and Blood Lead Study

Phase III: Wisconsin Childhood Blood Lead Study

Phase IV: Worker Characterization and Blood Lead Study of Renovation and Repair Workers Who Specialize in Renovations of Old or Historic Homes (continuation of Phase II study)

9

Development of the RRP Rule

Additional peer-reviewed EPA Study: Characterization of Dust Lead Levels after Renovation, Repair, and Painting Activities (“The Dust Study”)

Study conducted by the National Association of Home Builders: Lead Safe Work Practices Survey Project

10

The Renovation, Repair, and Painting (RRP) Rule—April

2008 April 22, 2008 Final RRP Rule Issued

Toxic Substances Control Act (TSCA) Section 402(c) & 406(b)

Code of Federal Regulations 40 CFR 745 Subpart E, Subpart L

11

Topics covered today What RRP Covers

RRP Training and Certification Infrastructure

RRP Implementation

RRP vs. Abatement

Cleaning Verification and Clearance Testing

RRP Questions

12

What does RRP cover?

RRP requirements apply to all renovations performed for compensation in target housing, and child occupied facilities (COFs).

13

Target Housing(745.223)

Housing constructed prior to 1978 except

-- housing for the elderly or housing for persons with disabilities unless one or more children under 6 years old resides or is expected to reside in such housing

-- and 0-bedroom dwellings

14

What is a “Child-Occupied Facility”?(745.83) A building or portion of a building built prior to 1978

Visited regularly by the same child under age 6 At least 3 hours a day At least 6 hours a week At least 60 hours a year

Common areas routinely used by the children under age 6

Adjacent exterior areas

15

What is a “Renovation”? (745.83)

The modification of an existing structure that results in the disturbance of painted surfaces.

Disturbing more than 6 ft2 per room of painted surface (interior)

Disturbing more than 20 ft2 of painted surface (exterior)

16

Examples of “Renovations”

Surface preparation (sanding and scraping) Surface restoration (replastering) Plumbing, carpentry, and HVAC work Removal, modification, or repair of painted

surfaces All demolition of painted surfaces All window replacements

17

What is “Performed for Compensation”?

(Preamble, Interpretive Guidance) Compensation means that the renovator is

paid for the service provided. This payment could take the form of cash or barter.

Wages paid to facility maintenance staff Monies paid to outside contractors Rent

18

What are the Renovation Exemptions? 1. Confirmation that painted surfaces are lead-

free- written determination from a certified inspector or

risk assessor

- certified renovator using an EPA-recognized spot- test kit and following the manufacturer’s instructions

LeadCheck Kit by HybrivetState of MA Lead Test Kit

19

What are the Renovation Exemptions? 2. Activities performed as part of an abatement by

certified abatement contractors

3. Opt-Out Provision

4. Emergency renovations (partially exempt) pamphlet distribution and notification requirements warning signs containing the work area waste handling training and certification

20

RRP Training and Certification Infrastructure?

Accreditation of Training Providers

Firm certification

Renovator and Dust Sampling Technician certification

Non-certified Workers

21

Renovator and DST Certification

EPA accredits training providers who, in turn, certify individuals upon completion of the Renovator or Dust Sampling Technician (DST) course.http://www.epa.gov/lead/pubs/training.htm

Certification is good for 5 years Must have certification while conducting work Model EPA courses for Renovator and Dust Sampling

Technician are on the Internet

http://cfpub.epa.gov/flpp/searchrrp_training.htm

22

Individuals-Who should be certified?Real estate owners, lessors, or managers

Engineering and building inspection services

Firms and contractors performing the following activities: -- Building construction-- Plumbing-- Heating-- Air-conditioning installation-- Painting and wall covering-- Electrical work-- Carpentry-- Installation of drywall, insulation, siding, tile, and windows

23

Non-Certified Workers

Must have a certified renovator assigned to each job.

Non-certified workers must be trained by a certified renovator.

The certified renovator must keep documentation of having trained the workers

24

Firm Certification Certified renovators must be employed by an EPA

certified firm.

EPA has 90 days to approve/ disapprove an application

Application for firm certification: http://www.epa.gov/lead/pubs/firmapp.pdf

Certification is good for 5 years.

25

Who should take the Renovator Refresher Course?You may take the Renovator Refresher course (4 hrs) in lieu of the Renovator Initial course (8 hrs) to become a Certified Renovator if….

You have completed an abatement worker or supervisor course, or

You have successfully completed an EPA, HUD, or EPA/HUD model renovation training course

26

How will RRP be Implemented?

RRP Effective Dates June 23, 2008 Information distribution and notification

Oct. 22, 2009 Submit applications for firm certification

April 22, 2010 all work must be conducted/ supervised by certified individuals working for certified firms

27

Responsibilities of the Certified Firm All individuals performing regulated activities on

behalf of the firm are either certified renovators or have been trained by a certified renovator.

A certified renovator is assigned to each renovation and performs the requisite activities.

All lead safe work practices are followed.

Information distribution requirements are followed.

Recordkeeping requirements are met.

28

Responsibilities of the Certified Renovator

Perform, or direct, the lead safe work practices Be physically present for site preparation and site

cleaning. Regularly direct work being performed by trained

workers. Be available, either on-site or by phone, at all times that

renovations are being conducted. Have proof of certification at all times. * Prepare necessary records * Use an EPA-approved test kit * Conduct cleaning verification

29

RRP vs. Abatement

Renovation: Modification of any existing structure that results in the disturbance of painted surfaces.

Abatement (745.223): Any set of measures designed to permanently eliminate lead-based paint hazards.

30

Cleaning verification of interiors

Divide the work area into 40 ft2 sections.

Wipe floors and windowsills with a wet disposable cleaning cloth.

Perform cleaning verification procedure as indicated on back of cleaning verification card

31

Optional Dust Clearance Testing

(Interior only) Cleaning verification is not required if dust clearance samples are taken at the conclusion of the renovation by a certified:

-- Inspector, -- Risk Assessor, or

-- Dust Sampling Technician

32

Cleaning verification of exteriors

Conduct a visual inspection for dust, debris or residue.

Eliminate these conditions where they exist.

When area passes visual inspection, remove the warning signs.

33

Information distribution before

starting work Provide the owner of the property with the Renovate Right pamphlet

Provide parents/guardians with the pamphlet OR post informational signs while work is ongoing

Obtain written acknowledgment or certificate of mailing that the owner has received the pamphlet

34

Lead-safe work practices Post signs defining the work area

Employ lead safe work practices Contain the work area Minimize dust Clean up thoroughly

35

Lead-safe work practiceswhat to do inside

Remove or cover all objects from the work area.

Close and cover all ducts, windows and doors.

Cover the floor surface with taped-down plastic sheeting.

Ensure that all personnel, tools, and other items are free of dust and debris before leaving the work area.

36

Lead-safe work practiceswhat to do outside

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

Cover the ground with plastic sheeting a minimum of 10 ft. in all directions from the actual location of a painted disturbance.

37

Prohibited practices Open-flame burning or torching

Sanding, grinding and the like, unless used with HEPA exhaust control

Use of a heat gun above 1100° Fahrenheit

38

Waste from renovations

Contain waste until it is removed from the work area for storage or disposal.

Store collected waste so that dust and debris do not escape out of the work area.

Contain the waste during transport from renovation area.

39

Cleaning the work area after renovation is complete

Clean the work area until no visible dust, debris or residue remains.

Collect all paint chips and debris and seal in a heavy-duty bag.

Remove the protective sheeting. Mist the sheeting, fold the dirty side inward, and seal.

Dispose of the sheeting as waste.

40

Cleaning of interiors Clean walls starting at the ceiling and working down to

the floor.

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.

41

Recordkeeping requirements

All records necessary to demonstrate compliance with the regulations must be kept for 3 years following completion of the renovation. These include: reports certifying that LBP is not present test kits used to evaluate absence/presence of LBP records relating to information distribution

requirements/warning signage worker training records containment and work practice records waste management records post-renovation cleaning cleaning verification and/or dust sampling results

42

Contact InformationJeanette DaduscEPA Region 2 RRP Coordinator

732-321-6671 Region2_LeadCoordinator@epamail.epa.gov,

National Lead Information Hotline 800-424-LEAD (5323)

http://www.epa.gov/lead/