Lead-based Paint Regulations Webinar November 21, 2008 www.nmhc.org - - PowerPoint PPT Presentation

Lead-based Paint Regulations Webinar November 21, 2008 www.nmhc.org

Lead-Based Paint Renovation, Repair, and Painting

Overview of Final Rule November 21, 2008

November 2008 RRP Final Rule - Overview

3

The Renovation, Repair, and Painting Rule (RRP)

On March 31, 2008, 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.”

November 2008 RRP Final Rule - Overview

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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.

November 2008 RRP Final Rule - Overview

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Pre-Renovation Education

• New requirements for child occupied facilities (COF). Before

renovating a firm must:

–

Provide “Renovate Right” to building owner and adult representative

–

Provide information about the renovation to parents & guardians

• f children under age 6 using facility by mail, hand-delivery or

informational signs.

• Change to requirements in common areas of target housing.

–

Firms may post informational signs in lieu of delivering information directly to each dwelling.

• Informational signs must:

–

Be posted where they will be seen

–

Describe nature, locations, and dates of renovation

–

Be accompanied by “Renovate Right” or info on how to get a free copy

November 2008 RRP Final Rule - Overview

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Pre-Renovation Education

New brochure “Renovate Right”

developed for all covered renovations

Until December 2008, either new or

• ld 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

• utreach

November 2008 RRP Final Rule - Overview

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Certification

Firms

To be certified to perform renovation

• r dust sampling firms must submit

an application and fee to EPA

Certifications are good for 5 years. Certification allows the firm to work in

any non-authorized state or Indian tribal area.

November 2008 RRP Final Rule - Overview

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Certification

Renovator and Dust Sampling Technicians

Must take 8-hour accredited training course

– Individuals with certain previous training can

take a 4-hour accredited refresher course

– Course certificate serves as certification (no

application to EPA required)

Refresher training is required every 5 years Certification allows the renovator or

sampling technician to work in any non- authorized state or Indian tribal area.

November 2008 RRP Final Rule - Overview

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Accredited Training

To be accredited to provide renovator or sampling technician

training, trainers must submit an application and fee to EPA

Trainers must be re-accredited every 4 years. Course length

–

Initial course must last a minimum of 8 hours (2 hours hands-on)

–

Refresher course must be at least 4 hours.

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.

November 2008 RRP Final Rule - Overview

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Work Practice Standards

Firm Responsibilities

Ensure 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 are performed in accordance with the lead-

safe work practice standards.

Supply lead hazard information pamphlets to owners or

managers of the home or building to be renovated prior to starting the work.

Ensure the recordkeeping requirements are met.

November 2008 RRP Final Rule - Overview

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Work Practice Standards

Renovator Responsibilities

Perform or direct work by uncertified 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.

Provide on the job training to uncertified workers. Be physically present at the work site:

–

When warning signs are posted, while containment is established, and during final work area cleaning.

–

Be available, either on-site or by telephone, at all other times.

When requested, use a test kit to determine if LBP is present. Perform cleaning verification. Must prepare required records.

November 2008 RRP Final Rule - Overview

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Work Practice Standards

General

Post signs defining the work area. Contain the work area so that no dust

• r debris can leave the area.

–

HVAC ducts, countertops, floors, and objects left in the work area must be covered with taped-down protective sheeting.

Certain practices are prohibited:

–

• pen-flame burning or torching

–

machines that remove lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting,

• r sandblasting, unless such machines are used with HEPA exhaust

control

–

• perating a heat gun above 1100 degrees Fahrenheit

November 2008 RRP Final Rule - Overview

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Work Practice Standards

Interiors

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.

November 2008 RRP Final Rule - Overview

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Work Practice Standards

Exteriors

Close all doors and windows within 20 feet of the

renovation.

Cover the ground with plastic sheeting extending

• ut from the edge of the structure a sufficient

distance to collect falling paint debris.

November 2008 RRP Final Rule - Overview

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Work Practice Standards

Cleaning

Pick up all paint chips and debris. Remove all protective sheeting. Clean all objects and surfaces in and around the

work area.

– Clean walls with a HEPA-equipped

vacuum or with a damp cloth.

– HEPA vacuum all remaining surfaces

and objects in the work area.

– Wipe all remaining surfaces in the

work area with a damp cloth.

– Mop uncarpeted floors.

November 2008 RRP Final Rule - Overview

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Cleaning Verification

Wipe floors, countertops, 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. Note: 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.

November 2008 RRP Final Rule - Overview

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Recordkeeping and Enforcement

• Documents demonstrating compliance with the rule must be retained

for 3 years following the completion of a renovation.

–

Pamphlet acknowledgment forms, owner opt-out forms, and documentation of work practices

• 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
• f up to $32,500 for each violation.
• Contractors who knowingly or willfully violate this

regulation may be subject to fines of up to an additional $32,500 per violation, or imprisonment,

• r both.

November 2008 RRP Final Rule - Overview

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State and Tribal Program Authorization

RRP is a Delegable Program Programs must be at least “as protective as”

EPA requirements, and have “adequate enforcement”

Reciprocity will be encouraged

November 2008 RRP Final Rule - Overview

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Important Dates

• June 2008:

–

States and tribes may begin applying for authorization

–

406(b) applies to child-occupied facilities

• 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

–

Work practices must be followed

November 2008 RRP Final Rule - Overview 20

Key Summary Points

♦ Lead-based Paint Status

Community certified as Lead-based Paint Free Housing – Exempt from rule Components certified as Lead-based Paint Free – Exempt from rule Untested Community or Components

• Assume regulated and address as required
• Test surface and determine if regulated

Determination of lead-based paint status will impact regulatory investment (i.e. operating

November 2008 RRP Final Rule - Overview 21

Key Summary Points

♦ Certification

– Training Programs

• Must be certified by EPA beginning April 22, 2009

– Third Party Property Management (“Firms”)

• Must be certified by EPA beginning October 22,

2009

• Must be certified by Authorized States

– Renovators

• Must be certified by EPA on or before April 22,

2010

• Must be certified by Authorized States

November 2008 RRP Final Rule - Overview 22

Key Summary Points

♦ Accredited Training

• All regulated Renovators regardless of current training

status must attend a 4-hour refresher class by April 22, 2010.

• Firms/Renovators must ensure that current LSW training

consists of at least 2 hours of hands-on activity. If not, an accredited 8-hour course will be required.

• Firms/Renovators with no current training will require an

accredited 8-hour course.

November 2008 RRP Final Rule - Overview 23

Key Summary Points

♦ Cleaning

– A HEPA vacuum is required – Cleaning of walls – HEPA vac or wet cleaning – Remaining surfaces – HEPA vac and wipe cleaning

♦ Cleaning Verification

– Disposable cleaning cloth (2x with wet cloth and 1x with dry cloth is maximum process) – Renovators must have EPA Cleaning Verification Card

November 2008 RRP Final Rule - Overview 24

Key Summary Points

♦ Record Keeping

– All regulated parties (trainers, firms, property managers, renovators, etc.) are required to maintain records for at least 3 years or face penalties.

25 25

HUD’s Lead Safety Rules and EPA’s Lead in Renovation Rule

• Dr. Warren Friedman

Office of Healthy Homes and Lead Hazard Control www.hud.gov/offices/lead

26 26

Two perspectives on changes

• Changes to HUD Lead Safe Housing

Rule (LSHR) as a result of EPA Renovation, Repair and Painting (RRP) Rule

• Additional requirements for projects

covered by HUD’s LSHR as well as the EPA’s RRP Rule

27 27

Main changes to HUD LSHR projects from EPA RRP Rule

• Tenant-based rental assistance:

–RRP rule covers housing even if no child under 6 lives there

• Training and certification:

–EPA- or State-certification is needed for the renovation firm and at least one supervisor or worker who is at the job

• r who is available when work is being

done.

28 28

Additional Requirements for projects covered by HUD’s LSHR as well as the EPA’s RRP Rule

29 29

Determination that LBP is present.

• EPA: Certified renovators use EPA-

recognized test kit to determine presence

• f LBP.
• HUD: EPA-recognized test kits may not be

used to say paint is not LBP. Evaluation, paint testing or presumption by certified individual. Renovators may evaluate only if certified as LBP inspector or risk assessor.

30 30

Training and Certification

• EPA: EPA certifies renovators and firms.

Only certified renovator required to have classroom training. Workers may receive on-the-job training from the certified renovator.

• HUD: All workers and supervisors must

complete HUD-approved lead safe work practices course.

31 31

Treating LBP hazards

• EPA: Most renovations in target housing

performed in a lead-safe manner.

• HUD: Depending on type and amount of

HUD assistance, most lead hazards treated using interim controls, some with

• ngoing lead-based paint maintenance.

32 32

Prohibited Work Practices

• EPA: Prohibits 3 work practices: open

flame burning or torching, heat guns above 1100 degrees F, power sanding, etc., without HEPA vacuum attachment.

• HUD: EPA’s plus: heat guns that char

paint, dry scraping farther than 1 ft. of electrical outlets, and use of volatile strippers in poorly ventilated space.

33 33

De minimis amounts

• EPA: 6 sq. ft. per interior space;

20 sq. ft. for exterior work.

• HUD: 2 sq. ft. per interior space;

20 sq. ft. for exterior work.

For Additional Information:

Mike Wilson National Program Chemicals Division Office of Pollution Prevention and Toxics U.S. Environmental Protection Agency Wilson.Mike@epamail.epa.gov www.epa.gov/lead Patrick Connor Connor Solutions pconnor@connorsolutions.com

• Dr. Warren Friedman

Office of Healthy Homes Department of Housing and Urban Development Warren.Friedman@hud.gov www.hud.gov/lead