Lead-Based Paint Renovation, Repair, and Painting Overview of Final Rule and Implementation Discussion April 2008
News! l 2 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. ” April 2008 RRP Final Rule - Overview
Session Overview l l l 3 Statutory authority Renovation studies Final rule requirements State and Tribal Program Authorization Outreach Important dates April 2008 RRP Final Rule - Overview
Statutory Authority l For abatement: ü ü ü l For renovation, repair and painting activities: ü ü ü 4 Certify contractors. Accredit training providers. Develop work practice standards. Allow state program authorization. Final rule published on August 29, 1996. 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). April 2008 RRP Final Rule - Overview
Abatement vs. Renovation Abatements are intended to permanently eliminate existing lead hazards, and are generally performed in three circumstances: l – – – l 5 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. April 2008 RRP Final Rule - Overview
Abatement vs. Renovation l l 6 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. April 2008 RRP Final Rule - Overview
Renovation Study Findings l Renovation Studies (2000) – – – l Dust Study (2007) – 7 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. Confirmed that control methods in the final rule were effective in reducing lead hazards April 2008 RRP Final Rule - Overview
Final Rule (Signed March 31, 2008) l Purpose: – – – 8 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. April 2008 RRP Final Rule - Overview
Rule Scope l l l 9 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. April 2008 RRP Final Rule - Overview
Rule Scope Excludes: l – – – Renovations that affect only components that have been determined to be free of lead-based paint. Activities that disturb under 6 ft 2 interior or 20 ft 2 exterior. This excludes window replacement, demolition and projects involving prohibited practices. Work done by individuals in housing they own and occupy. Opt-out provision: l – Homeowners may opt out of rule requirements if: l l l – 10 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. April 2008 RRP Final Rule - Overview
Lead-based Paint Determination l Written determination by certified inspector or risk assessor, or l Written determination by certified renovator using a lead test kit – Acceptable test kits will have to meet the following criteria: l l – – 11 Phase 1: Be capable of determining the presence of lead at levels >/= 1. 0 mg/cm 2 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. April 2008 RRP Final Rule - Overview
Pre-Renovation Education Changes to the Pre-Renovation Education Rule l – Renovations in common areas. l – Before renovating a COF, renovation firms must: l l – Firms may post informational signs in lieu of delivering information directly to each dwelling. 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: – – – 12 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 April 2008 RRP Final Rule - Overview
Pre-Renovation Education l l 13 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 April 2008 RRP Final Rule - Overview
Certification Firms l l l 14 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. April 2008 RRP Final Rule - Overview
Certification Individuals l Must take 8 -hour accredited training course: – – l l 15 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. April 2008 RRP Final Rule - Overview
Certification Individuals l 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: l l 16 an accredited abatement worker or supervisor course, or an EPA, HUD, or EPA/HUD model renovation training course April 2008 RRP Final Rule - Overview
Accredited Training l l l l 17 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 nonauthorized state or Indian tribal area. April 2008 RRP Final Rule - Overview
Work Practice Standards Firm Responsibilities l Firms performing renovations must ensure that: – – – 18 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. April 2008 RRP Final Rule - Overview
Work Practice Standards Renovator Responsibilities l Perform project cleaning verification, and perform or direct workers who perform all other required tasks. l Provide training to workers on the work practices they will be using in performing their assigned tasks. l Regularly direct work being performed by other individuals to ensure that the work practices are being followed, including: – – 19 maintaining the integrity of the containment barriers, and ensuring that dust or debris does not spread beyond the work area. April 2008 RRP Final Rule - Overview
Work Practice Standards Renovator Responsibilities l Be physically present at the work site: – – – l l 20 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. April 2008 RRP Final Rule - Overview
Work Practice Standards General l l Isolate the work area so that no visible dust or debris can leave the work area. l 21 Post signs defining 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 April 2008 RRP Final Rule - Overview
Work Practice Standards Interiors l l l 22 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. April 2008 RRP Final Rule - Overview
Work Practice Standards Exteriors l l 23 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. April 2008 RRP Final Rule - Overview
Work Practice Standards Waste l l l 24 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. April 2008 RRP Final Rule - Overview
Work Practice Standards Cleaning l l 25 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. April 2008 RRP Final Rule - Overview
Work Practice Standards Cleaning l Clean all objects and surfaces in and around the work area. – – 26 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 HEPAequipped vacuum. Wipe all remaining surfaces and objects in the work area with a damp cloth. Mop uncarpeted floors. April 2008 RRP Final Rule - Overview
Cleaning Verification l Wipe floors and windowsills with wet cleaning cloth. – l l l 27 Use one cloth for each 40 ft 2 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. April 2008 RRP Final Rule - Overview
Recordkeeping Requirements All documents must be retained for 3 years following the completion of a renovation. Records to be retained include: l l – – 28 Reports certifying that lead-based paint is not present Records required by the Pre-renovation Education Rule Any signed and dated statements received from owneroccupants 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). April 2008 RRP Final Rule - Overview
Fees l l Fees will apply to all firm certification and training provider accreditation applications l Fees will not apply to certified RRP individuals (who do not apply to EPA) l 29 EPA will charge fees to recover cost of program Separate Fee Rule expected July 2008 (proposal) and March 2009 (final) April 2008 RRP Final Rule - Overview
Enforcement and Penalties l l Non-compliant contractors may be liable for civil penalties of up to $25, 000 for each violation. l 30 EPA may suspend, revoke, or modify a firm’s certification if firm is found to be in non-compliance. 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. April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l Purpose/Benefits of State & Tribal Program Authorization – – – ' 31 better designed programs more tailored programs better targeted programs better accepted programs better enforced programs more effective programs April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l l 32 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. April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l States and Tribes may – – – Begin developing programs now Begin preparing to apply now Apply beginning in June 2008 l l 33 Programs must be at least “as protective as” EPA requirements, when viewed as a whole, and have "adequate enforcement“ Reciprocity will be encouraged April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l Application Process – Public Notice l – – – Application Contents Application Submission EPA Review l l l 34 Provide opportunity for public hearing prior to submittal 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 April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l Components of an Application – – – 35 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 April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l Required Program Elements – Pre-renovation education l – Renovation, Repair, and Painting l l 36 Requirements for the distribution of lead hazard information to owners and occupants of target housing and child-occupied facilities before renovations for compensation. 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. April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l Enforcement & Compliance Program Description – – 37 Adequate Standards, Regulations, and Authority Performance Component Summary on Progress and Performance Interim & Final Approval April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l Self-Certification – State may certify that program is at least “as protective as” EPA requirements and provides for “adequate enforcement” l l 38 Certification must be in form of letter from Governor or Attorney General to EPA Administrator Must reference program analysis April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l Self-Certification – – – 39 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 April 2008 RRP Final Rule - Overview
State and Tribal Program Authorization l To assist, EPA is developing: – – – 40 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 April 2008 RRP Final Rule - Overview
Outreach to Non-regulated Parties l 41 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. April 2008 RRP Final Rule - Overview
Important Dates June 2008: l – – – December 2008: l – “Renovate Right” brochure must be used for 406(b) April 2009: l – – EPA begins administering program in unauthorized states Training providers may begin applying for accreditation October 2009: l – Renovation firms may begin applying for certification April 2010: l – – – 42 States and tribes may begin applying for authorization 406(b) applies to COFs Some restrictions apply to unaccredited training programs 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 April 2008 RRP Final Rule - Overview
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 43 April 2008 RRP Final Rule - Overview
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