Lead-Based Paint Renovation, Repair, and Painting

1
Lead-Based PaintRenovation, Repair, and Painting

• Requirements for Renovators and Training
  Providers

2
Session Overview

• Regulatory Background
• Final Rule Requirements
• Enforcement
• Important dates

3
The Renovation, Repair, and Painting Rule (RRP)

• 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.
  

4
Lead is a Hazard Why?

• Affects brain, CNS, and many other systems in
  body.
• Leaded dust is often invisible.
• Exposure through ingestion or inhalation.
• Can cause permanent damage.
• Signs and symptoms often go unnoticed.
• 2008 data show that the EBLLs in a significant
  percentage of young children were related to
  renovation activities.

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Final Rule (Signed March 2008)

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

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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.

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Rule Scope

• Excludes
• Renovations that affect only components that have
  been determined to be free of lead-based paint.
• Minor repair and maintenance activities that
  disturb no more than 6 ft2 interior or 20 ft2
  exterior UNLESS these activities involve window
  replacement, demolition or 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.
• Homeowners may still request lead-safe work
  practices.

8
Lead-based Paint Free 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 gt/ 1.0 mg/cm2 or gt 0.5 by
  weight and a false negative rate no higher than
  5.
• Phase 2 Criteria above and a false positive
  rate no higher than 10.
• EPA has published a list of kits evaluated by
  that National Institute of Standards and
  Technology (NIS) as 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 EPAs ETV program.

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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 Child Occupied Facility
  (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 tenants or parents guardians can get a free
  copy

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Informational Sign

• For example
• The following renovation activities will take
  place in the following locations
• Activity - Window replacement
• Location 2nd floor foyer
• The expected starting date is May 1, 2009 and the
  expected ending date is May 8, 2009. Because
  this is an older building built before 1978, some
  of the paint disturbed during the renovation may
  contain lead. You may obtain a copy of the
  pamphlet, Renovate Right, by telephoning me at
  [phone]. Please leave a message and be
  sure to include you name, phone number and
  address. I will either mail you a pamphlet or
  slide one under your door.
• Date Printed
  Name of Renovator _
• Signature of Renovator
  _

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Pre-Renovation Education

• New brochure Renovate Right developed for all
  covered renovations
• As of December 2008, this is the brochure that
  must be used to comply with the Pre-Renovation
  Education Rule.
• Protect Your Family brochure will still be
  available for other purposes like real estate
  disclosure and general outreach

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CertificationFirms

• To be certified to perform renovation or dust
  sampling firms must submit an application and fee
  to EPA.
• Certifications are good for 5 years.
• Certification allows the firm to perform
  renovations in any State where EPA regulations
  are in effect.

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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 State where EPA regulations
  are in effect.

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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

15
AccreditationTraining Providers

• 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 those
  established for abatement training.
• Courses must last a minimum of 8 hours, with 2
  hours devoted to hands-on training.
• EPA has developed model renovator initial and
  refresher courses and the model initial dust
  sampling technician course.
• Training providers must notify EPA of individuals
  who complete training.
• Accreditation allows the trainer to conduct
  training in any State where EPA regulations are
  in effect.

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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/managers/occupants of the
  home or building to be renovated prior to
  starting the work.
• The rules recordkeeping requirements are met.

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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.

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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 EPA-approved 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.

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Work Practice Standards

• General
• Interior
• Exterior
• Waste
• Cleaning
• Cleaning Verification

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Cleaning Verification

• Wipe floors, countertops, and windowsills with
  wet cleaning cloth.
• Use one cloth for each 40ft2 section of floor or
  countertop surface.
• 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.
• Dust clearance sampling may be performed instead
  of cleaning verification if the contract between
  the building owner and the renovation firm 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.

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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

22
Fees

• EPA will charge fees to recover cost of program
  administration.
• 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)

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Fees

• Renovation Firms
• 300 for certification and recertification
• Training Providers
• 560/340 for initial courses
• 400/310 for refresher courses
• Individuals
• No fee

24
Enforcement and Penalties

• EPA may suspend, revoke, or modify a firms
  certification if firm is found to be in
  non-compliance.
• Non-compliant contractors may be liable for civil
  penalties of up to 37,500 for each violation.
• Contractors who knowingly or willfully violate
  this regulation may be subject to criminal
  penalties of up to an additional 37,500 per
  violation, or imprisonment, or both.

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Enforcement and Penalties (Contd)

• How will EPA Enforce RRP?
• Tips/complaints
• File Audits
• On-site Inspections
• Will be a big challenge!

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Important Dates

• December 22, 2008
• Renovate Right brochure must be used for 406(b)
• April 22, 2009
• EPA begins administering program in unauthorized
  states
• Training providers may begin applying for
  accreditation
• October 22, 2009
• Renovation firms may begin applying for
  certification
• April 22, 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

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Other Resources

1. Renovate Right
2. Small Entity Compliance Guide to Renovate Right
3. Lead Safety During Renovation

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For More Information

• Annie Skidmore
• [phone]
• skidmore.annie_at_epa.gov
• EPA Website www.epa.gov/lead
• Toxics Program Branch
• Land and Chemicals Division
• US EPA Region III