Lead Safe Weatherization (LSW) Update on Lead Paint Policies & Strategies for Weatherization Rob DeSoto Department of Energy – Golden Weatherization Project Manager
Lead Safe Weatherization (LSW) Focus on: • Changes in Policies & Strategies – since 2007 Orlando National Weatherization Conference (What we reported in Dec. 2007) • Policies & Procedures for 2008, 2009, and 2010 (What do we need to be doing today, next year, and the next year) • Preparing for new EPA LRRPP (“Lead, Renovation, Repair and Painting Program”) Rule (What are the implications for WAP)
Current Supporting Documents: • WPN 08-6 Interim Lead-Safe Weatherization Guidance & Attachments 1. Minimum Standards for LSW 2. Recommendations for Strengthening LSW for 08 & 09 3. LSW Glossary of Terms • EPA LRRPP “Lead, Renovation, Repair, and Painting Program” Final Rule; April 2008 • FAQs handout
Policy Changes – Proposed in Orlando, 2007: – Three Main Components: 1. Strengthen LSW (including Standards, Training, & Monitoring) 2. Conduct dust wipe testing when: – House is not certified “lead-free,” built prior to 1979, and – Children 6 and under are frequenting the home; and – Doors or windows are weatherized 3. Conduct national independent sample of pre- & post- dust wipe testing on a random sample of other homes to insure LSW is being followed
Current Policy Changes (Since Orlando): Three Main Components: 1. Strengthen LSW (include Minimum Standards; Training, & Monitoring) 2. 2008-09: LSW. In 2010, Conduct EPA’s “White Glove” testing protocols, a series of wet & dry cloth cleaning processes with visual verification 3. Conduct a limited sample of pre-and post-WX dust wipe sampling with laboratory review, on homes involving door & window work, to ensure LSW is being properly followed & monitored (this will done at the national level)
Program Impact: 2008-2010 • In PY 08 and PY 09, DOE requires grantees to “strengthen” LSW plans and prepare for future requirements in PY2010 • In PY 2010, EPA rules go into effect, changing the expectations and requirements of Program
Program Impact: 2008-2010
Impact in 2008/2009 • Weatherization Worker Protection – Follow LSW & current EPA requirements – Adhere to OSHA standards for worker safety – Follow state/local requirements
Impact in 2008/2009 • Client Health and Safety – Work must be completely contained – no residents or pets walking through area – If containment can not be achieved, agencies are advised to defer work and secure other resources to offset relocation expenses
Impact in 2008/2009 • Client Notification Requirements (EPA): – Homes weatherized BEFORE December 22, 2008 – “Protect Your Family from Lead in Your Home” – Homes weatherized AFTER December 22, 2008 – “Renovate Right: Important Lead Hazard Information for Families, Childcare Providers, and Schools”
Impact: 2009 • State Plan for 2009 must address: – How grantees will conduct LSW training using either the benchmark LSW Curriculum or an equivalent curriculum – How grantees will verify compliance with LSW Minimum Standards – How grantees will handle agencies not in compliance with implementing LSW and the Minimum Standards
LSW Minimum Standards – Requirements: • Client Protection and Notification • Weatherization Worker Protection • General LSW Work Practice Standards – Containment • Level 1 • Level 2 • Proper LSW Clean-up and Debris Disposal • Visual Inspection Verification – (For 2010 Cleaning verification using EPA-developed Cards required.)
Impact: 2009 Documentation of LSW – Grantee must be able to verify LSW was done properly • Photos of the site (Recommended) • Containment set up • Sign-off by “responsible” person (e.g. supervisor, foreman, inspector, coordinator, etc.)
Impact: 2009 & 2010 • State Plan for 2010 should • State Plan for 2009 should also: address: – Include verification that the – How grantees will conduct grantee has submitted their LSW training using either the LSW curriculum to EPA or benchmark LSW Curriculum the EPA designated authority or equivalent within the state. – How grantees will verify – Grantees will also assure they compliance with LSW comply with all other Minimum Standards state/local requirements and – How grantees will handle those items are included in agencies not in compliance the curriculum with the Minimum Standards
Impact in 2010 • By 2010, per EPA Rule, at least one “Certified Renovator,” trained by an accredited facility must be on-site in all pre-1978 houses (that don’t meet the exception criteria) • Agencies without a trained Certified Renovator may NOT perform WAP work in pre-1978 housing until certification is achieved
Denfinition - “Certified Renovator” Renovator means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized State or Tribal program.
Shaded = State, Territories, or Indian Tribe EPA-authorized Programs White = EPA Operated Programs http://www.epa.gov/lead/pubs/traincert.htm
Impact: 2009 & 2010 • PY 2009: Documentation of • PY 2010: Documentation of LSW LSW – Grantee must be able to – A Certified Renovator must verify LSW was done verify job site was properly properly & minimum set up and “secure” during standards met renovation • Photos of the site – Cleaning Verification required • Containment set up – Documentation of LSW training records & Certified Renovator credentials must be on file
Impact in 2010 • Beginning in Oct. 2009, Agencies may apply for “Firm” status; a firm can be a State, Tribal, or Local agency • Firms take responsibility for “renovations” (this includes weatherization) and must apply to EPA for certification to perform renovations • Application to EPA must be submitted, and a fee paid (Costs yet to be determined - Proposed Rule to set fees open for comments to EPA until Sep. 22, 2008)
Denfinition - “Firm” Firm means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization. In the case of Lead Safe Weatherization work, a firm can be the grantee, subgrantee, or contractor. The Firm is the entity that takes responsibility for “renovations for compensation” (this includes Weatherization Programs) and must apply to EPA for certification to perform renovations or dust sampling .
Impact in 2010 • EPA will act on the application within 90 days of receipt • To maintain its certification, a firm must be recertified by EPA every 5 years
Impact in 2010 • By April, 2010, State & Local “monitors” of LSW work must also have received training and be EPA “Certified Renovators” • Costs associated with “Certified Renovator” training, fees, etc. are allowable H&S costs under DOE WAP (WPN to be issued with guidance) • Agencies should mention certification & protocols to insurance carriers for possible relief in costs
Impact in 2010 Enforcement: – EPA may conduct inspections and issue subpoenas pursuant to the provisions of TSCA § 11 (15 U.S.C. 2610) – DOE will monitor Grantees on implementation of EPA LRRPP Rule starting in 2010
Timeline 2008 2009 2010 November November November September September September December December December February February February October October October January January January August August August M arch M arch M arch April April April M ay June M ay June M ay June July July July PY 08, Strengthening Program in Prep for '09 PY 09, Strengthened LSW Plan Implementation April 7, EPA (or EPA's designated state authority) will begin accrediting training programs. October 7, Agencies May Apply for Firm Status April 7, Certified Renovators in Place and State and Local Staff Certified as Renovators
What we knew in Orlando - & what we know now for 2010 • It appears there are a lot of changes - – There really aren’t & no dust wipe testing with certified laboratory analysis! • DOE is asking the network to do what you should already be doing…just do it better! • We will test only where we need to – in 2010 with cloth testing and visual card verification • If the job is done right, it should pass every time - & now we know it will meet EPA specifications
Thank you!
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