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Lead-Based PaintRenovation, Repair, and

Painting Program

New England Lead Coordinating Committee

November 19, 2009

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RRP Rule Summary:

EPA issued a final rule under the authority of Section 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.”

– For more information: http://www.epa.gov/lead/pubs/renovation.htm

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Recent News – Settlement Agreement

The agreement calls for EPA to undertake two separate rulemakings to revise provisions of the RRP rule and two additional rulemakings, including an ANPR, to cover public and commercial buildings not covered by the RRP rule. The public will have a chance to comment on each of these rulemakings as they are developed.

The agreement was part of a settlement of litigation by the Sierra Club, the New York City Coalition to End Lead Poisoning, and other public interest petitioners over the RRP rule.

The settlement dictates specifics about what will be contained in the various proposals and does not include specific outcomes of the final rules. As these settlement-related rulemakings proceed, the States and Tribes should plan to monitor the process and comment as appropriate on issues of interest to their programs.

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Rule #1 – Opt-out Rule

By October 20, 2009, EPA must issue an NPRM that proposes to:

– Remove the RRP provision allowing home owners to opt out of the rule if they occupy the housing to be renovated, no child under 6 or pregnant woman lives there, and no child under 6 is present on a regular basis; and

– Require renovation firms to provide owners and occupants with a copy of the recordkeeping checklist that firms are required to prepare/keep to demonstrate compliance with the RRP rule.

By April 22, 2010, EPA must take final action on the Opt-out NPRM.

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Rule #2 – Clearance Rule

By April 22, 2010, EPA must issue an NPRM that proposes to: – Require renovation firms to conduct quantitative dust wipe sampling after:

Use of a heat gun at temperatures below 1100 degrees. Removal or replacement of window(s) or door frame(s). Scraping an area of 60 ft2 or greater. Removal of more than 40 ft2 of trim or molding.

Require renovation firms to demonstrate, through quantitative dust wipe sampling, that they have achieved the established dust-lead clearance standards after:

– Use of machines that disturb lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting used with HEPA exhaust control.

– Demolition or removal of plaster over 6 ft2. The NPRM must also include a number of specific requests for

comment on whether dust wipe sampling or clearance should be required in other situations.

By July 15, 2011, EPA must take final action on the Clearance NPRM.

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Public and Commercial Buildings

By April 22, 2010, EPA must issue an ANPR discussing EPA’s intention to:

– Propose work practice requirements for renovations on the exteriors of public and commercial buildings other than child-occupied facilities (schools and child care centers already covered by the final RRP rule); and

– Evaluate whether renovations in the interiors of these buildings create lead-based paint hazards, and, if so, propose work practice requirements for those renovations.

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Which Projects are Covered?

Renovation, repair and painting activities that disturb painted surfaces in:– Target housing, which is housing constructed before

1978 except: – housing for the elderly or persons with disabilities

(unless any child who is less than 6 years of age resides or is expected to reside in such housing); or

– any 0-bedroom dwelling. Child-occupied facilities built before 1978.

– Includes kindergartens and child care centers.

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What is a Renovation?

A renovation is a modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement. This includes:

– Modification or repair of painted surfaces such as doors, surface restoration, window repair, or surface preparation activity (sanding, scraping).

– Removal of building components, such as walls, ceilings, plumbing, or windows.

– Weatherization projects, such as cutting holes in painted surfaces to install blown-in insulation or to gain access to attics or planing thresholds to install weather-stripping.

– Interim controls that disturb painted surfaces, such as paint stabilization.

Renovations that convert a building, or part of a building, into target housing or a child-occupied facility are covered.

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Minor Repair and Maintenance

For the purposes of this rule, renovations do not include minor repair and maintenance activities.

Minor repair and maintenance activities are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities.

– No prohibited practices.– No window replacements.– No demolition of painted surfaces.

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Minor Repair and Maintenance

When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed.

Jobs, other than emergency renovations, performed in the same room within the same 30 days are considered the same job.

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Other Exclusions

Lead-based Paint Free The rule excludes renovations that affect only components that

have been determined to be free of lead-based paint. – Written determination by certified inspector or risk assessor; or– Written determination by certified renovator using an EPA-approved test kit.

EPA-approved test kits must meet the following criteria:– Phase 1: No more than 5% false negative results.– Phase 2: No more than 5% false negative results and should have no more

than 10% false positive results. Two Phase 1 kits have been recognized:

– LeadCheck for non plaster/drywall surfaces. – State of Massachusetts’ sodium sulfide for non metal surfaces.

Phase 2 kits are under development.

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Other Exclusions

Emergency Renovations Emergency renovations are renovation activities that were

not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage.

Emergency renovations are exempt from the rule’s requirements to the extent necessary to respond to the emergency.

– Not required to provide pamphlet to owner/occupant.– Post-renovation cleaning and cleaning verification must be performed by

certified firms and individuals in accordance with the rule requirements.

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Other Exclusions

Opt-out provision Homeowners may choose to opt out of the rule’s

requirements if:– they occupy the housing to be renovated, – the housing is not a child-occupied facility, – no child under age 6 or pregnant woman resides there, and– The homeowner indicates that they understand that the firm

will not be required to follow the rule’s requirements.

To qualify, the homeowner must provide the renovation firm with a signed statement to this effect.

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Pre-Renovation Education

No more than 60 days before beginning a covered renovation in target housing or a child occupied facility, the renovation firm must provide the owner and the occupant (if different) with a copy of EPA’s Renovate Right pamphlet.

– All exclusions apply to this requirement except for the opt-out provision. For renovations in common areas, renovation firms have the option of

posting informational signs while the renovation is ongoing. Signs must:

– Be posted where they are likely to be seen by affected tenants, – Contain a general description of the renovation, including dates, and – Be accompanied by a posted copy of Renovate Right or information on

how to obtain a copy. When renovating a child-occupied facility, renovation firms must also

provide this information to the parents/guardians of children using the child-occupied facility. (Signs may be used for this purpose.)

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Who Must be Certified?

After April 2010, renovations performed for compensation in target housing and child-occupied facilities must be performed by certified firms using certified renovators and other trained workers.

The rule covers any person who performs renovation for compensation, including:

– Construction and renovation contractors.– Window replacement contractors.– Electricians, plumbers, painters, and other specialty contractors.– Property managers and their staff.– Handymen.– Single person operations (must have firm certification and individual

certification as a renovator).

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How to Get Certified - Firms

A firm is a company, partnership, corporation, sole proprietorship or individual doing business, an association, other business entity, a government agency, or a nonprofit organization.

EPA began accepting firm applications on October 22, 2009. The application form and instructions are available on EPA’s

website or from the National Lead Information Center at 1-800-424-LEAD.

– Complete application.– Fee of $300 ($550 for certification for both abatement and renovation).

Re-certification, including a fee of $300, is required every 5 years.

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How to Get Certified - Individuals

Persons who successfully complete an 8-hour accredited renovator training course are certified renovators.

– No formal application to EPA is required. Interested persons may take accredited renovator training

courses as soon as the courses are available.– EPA began accepting accreditation applications from trainers

on April 22, 2009. EPA maintains a database of accredited trainers on its

website, or you may call 1-800-424-LEAD for help in finding a trainer.

A 4-hour accredited refresher course is required every 5 years to maintain certification as a renovator.

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How to Get Certified – Individuals With Prior Training

Persons who have successfully completed the following training are only required to take an accredited 4-hour refresher course to become certified renovators:

– Accredited training as an abatement supervisor or worker (whether or not they have current certification as an abatement supervisor or worker).

– An EPA, HUD, or EPA/HUD model lead-safe work practices or renovation training course.

Contact EPA if you have any questions about prior training.

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Training Provider Accreditation

Trainers must submit an application and fee to EPA. Trainers must be re-accredited every 4 years. Accreditation procedures are the same as established for

abatement training. Course must last a minimum of 8 hours, with 2 hours devoted

to hands-on training. EPA has updated the 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. As of November 10th, EPA has accredited 87 training providers.

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Work Practice Standards Firm Responsibilities

Firms performing renovations must ensure that: – All individuals performing renovation activities on their

behalf 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 and occupants of the home or building to be renovated prior to starting the work.

– The 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 recognized 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.

Prepare required records.

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Work Practice StandardsGeneral

Post signs defining the work area. Contain the work area so that no visible dust or 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 or restricted:

– 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.

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Work Practice StandardsContainment (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.

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Work Practice StandardsContainment (Exteriors)

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.

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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.

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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.

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Work Practice StandardsCleaning (Interiors)

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.

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Work Practice StandardsCleaning Verification

A certified renovator must use wet disposable white cleaning cloths to wipe windowsills, countertops, and uncarpeted floors in the work area.

These cloths must be compared to a cleaning verification card. If the cloth matches or is lighter than the card, that surface has

passed the cleaning verification. Surfaces that do not pass the first attempt must be re-cleaned. Surfaces that do not pass on the second attempt must be allowed to

dry and wiped with a white electrostatic (dry) cleaning cloth. Dust clearance testing may be performed instead, if the renovation

contract or another law or regulation requires the firm to achieve clearance standards.

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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 or individual’s certification for non-compliance.

Non-compliant contractors may be liable for civil and/or criminal penalties of up to $25,000 for each violation.

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State and Tribal Program Authorization

States, Territories, and Tribes may obtain authorization to administer and enforce their own RRP programs.

They could begin applying for program authorization as of June 22, 2008.

EPA will authorize programs that are at least as protective as the final RRP rule.

Wisconsin is currently the only State authorized to implement RRP.

EPA has begun implementation of the Federal program in all non-authorized states, territories and tribal areas.

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Outreach

EPA is conducting 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.

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Thank You for Your Time!

Michelle Price

National Program Chemicals Division

U.S. Environmental Protection Agency

(202) 566-0744

Price.michelle@epa.gov

www.epa.gov/lead