U.S. Environmental Protection Agency Renovation, Repair and Painting Rule Presentation for NJ Lead and Beyond Conference, Edison, NJ April 16, 2010 Jeanette Dadusc, US EPA Region 2 1
Residential Lead-Based Paint (LBP) Hazards April 2001 HUD’s ―National Survey of Lead and Allergens in Housing‖ 26 million homes in the US (27 percent) have significant LBP hazards Residential LBP hazards are more prevalent in the Northeast and Midwestern states 2
Why do we need regulations for LBP? Exposure to lead can cause learning disabilities and behavioral problems in developing children. In extreme cases, exposure may result in death. 3
Regulations addressing LBP Hazards 1978 Consumer Product Safety Commission banned lead in consumer paint 1992 Residential Lead-Based Paint Hazard Reduction Act (Title X) 4
Title X added Title IV to TSCA Section 1018 — Real Estate Disclosure Section 402(a)/404 — LBP Activities [Abatement] Training and Certification Section 405 — National Lead Laboratory Accreditation Program [NLLAP] Section 403 – Hazard Standards for Lead in Paint, Dust, and Soil Section 402(c) — Renovation, Repair, and Painting (RRP) Rule Section 406(b) – Pre-Renovation Education Rule 5
Development of the RRP Rule TSCA 402(c)(2) directs EPA to study renovation and remodeling activities EPA consulted with national specialists Categories of renovation activities which could result in exposure to lead… 6
Development of the RRP Rule paint removal surface preparation removal of large structures (demolition) window replacement enclosure of exterior painted surfaces removal of carpet or other floor covering wallpaper removal HVAC repair or replacement including duct work repairs or additions resulting in isolated small surface disruptions exterior soil disruption major renovation projects involving multiple target activities 7
Development of the RRP Rule Phase 1: Environmental Field Sampling Study Phase II: Worker Characterization and Blood Lead Study Phase III: Wisconsin Childhood Blood Lead Study Phase IV: Worker Characterization and Blood Lead Study of Renovation and Repair Workers Who Specialize in Renovations of Old or Historic Homes (continuation of Phase II study) 8
Development of the RRP Rule Additional peer-reviewed EPA Study: Characterization of Dust Lead Levels after Renovation, Repair, and Painting Activities (―The Dust Study‖) Study conducted by the National Association of Home Builders: Lead Safe Work Practices Survey Project 9
The Renovation, Repair, and Painting (RRP) Rule — April 2008 April 22, 2008 Final RRP Rule Issued Toxic Substances Control Act (TSCA) Section 402(c) & 406(b) Code of Federal Regulations 40 CFR 745 Subpart E, Subpart L 10
Topics covered today What RRP Covers RRP Training and Certification Infrastructure RRP Implementation RRP vs. Abatement Cleaning Verification and Clearance Testing RRP Questions 11
What does RRP cover? RRP requirements apply to all renovations performed for compensation in target housing, and child occupied facilities (COFs). 12
Target Housing (745.223) Housing constructed prior to 1978 except -- housing for the elderly or housing for persons with disabilities unless one or more children under 6 years old resides or is expected to reside in such housing -- and 0-bedroom dwellings 13
What is a “Child - Occupied Facility”? (745.83) A building or portion of a building built prior to 1978 Visited regularly by the same child under age 6 At least 3 hours a day At least 6 hours a week At least 60 hours a year Common areas routinely used by the children under age 6 Adjacent exterior areas 14
What is a “Renovation”? (745.83) The modification of an existing structure that results in the disturbance of painted surfaces. Disturbing more than 6 ft 2 per room of painted surface (interior) Disturbing more than 20 ft 2 of painted surface (exterior) 15
Examples of “Renovations” Surface preparation (sanding and scraping) Surface restoration (replastering) Plumbing, carpentry, and HVAC work Removal, modification, or repair of painted surfaces All demolition of painted surfaces All window replacements 16
What is “Performed for Compensation”? (Preamble, Interpretive Guidance) Compensation means that the renovator is paid for the service provided. This payment could take the form of cash or barter. Wages paid to facility maintenance staff Monies paid to outside contractors Rent 17
What are the Renovation Exemptions? 1. Confirmation that painted surfaces are lead- free - written determination from a certified inspector or risk assessor - certified renovator using an EPA-recognized spot- test kit and following the manufacturer’s instructions LeadCheck Kit by Hybrivet State of MA Lead Test Kit 18
What are the Renovation Exemptions? 2. Activities performed as part of an abatement by certified abatement contractors 3. Opt-Out Provision (may be revoked 4/22/10) 4. Emergency renovations - partially exempt, ―to the extent necessary to respond to the emergency‖ – but not exempt from the cleaning, cleaning verification, and recordkeeping requirements (See 40 CFR Part 745.82(b) for details) 5. Obvious exemptions ..Post ’78, not Target Housing, etc. 19
RRP Training and Certification Infrastructure? Accreditation of Training Providers Firm certification Renovator and Dust Sampling Technician certification Non-certified Workers 20
Renovator and DST Certification EPA accredits training providers who, in turn, certify individuals upon completion of the Renovator or Dust Sampling Technician (DST) course. http://www.epa.gov/lead/pubs/training.htm Certification is good for 5 years Must have certification while conducting work Model EPA courses for Renovator and Dust Sampling Technician are on the Internet http://cfpub.epa.gov/flpp/searchrrp_training.htm 21
Individuals-Who should be certified? Real estate owners, lessors, or managers Engineering and building inspection services Firms and contractors performing the following activities: -- Building construction -- Plumbing -- Heating -- Air-conditioning installation -- Painting and wall covering -- Electrical work -- Carpentry -- Installation of drywall, insulation, siding, tile, and windows 22
Non-Certified Workers Must have a certified renovator assigned to each job. Non-certified workers must be trained by a certified renovator. The certified renovator must keep documentation of having trained the workers 23
Firm Certification Certified renovators must be employed by an EPA certified firm. EPA has 90 days to approve/ disapprove an application Application for firm certification: http://www.epa.gov/lead/pubs/firmapp.pdf Certification is good for 5 years. 24
Who should take the Renovator Refresher Course? You may take the Renovator Refresher course (4 hrs) in lieu of the Renovator Initial course (8 hrs) to become a Certified Renovator if…. You have completed an abatement worker or supervisor course, or You have successfully completed an EPA, HUD, or EPA/HUD model renovation training course 25
How will RRP be Implemented? RRP Effective Dates June 23, 2008 Information distribution and notification Oct. 22, 2009 Submit applications for firm certification April 22, 2010 all work must be conducted/ supervised by certified individuals working for certified firms 26
Responsibilities of the Certified Firm All individuals performing regulated activities on behalf of the firm are either certified renovators or have been trained by a certified renovator. A certified renovator is assigned to each renovation and performs the requisite activities. All lead safe work practices are followed. Information distribution requirements are followed. Recordkeeping requirements are met. 27
Responsibilities of the Certified Renovator Perform, or direct, the lead safe work practices Be physically present for site preparation and site cleaning. Regularly direct work being performed by trained workers. Be available, either on-site or by phone, at all times that renovations are being conducted. Have proof of certification at all times. * Prepare necessary records * Use an EPA-approved test kit * Conduct cleaning verification 28
RRP vs. Abatement Renovation: Modification of any existing structure that results in the disturbance of painted surfaces. Abatement (745.223): Any set of measures designed to permanently eliminate lead- based paint hazards. 29
Cleaning verification of interiors Divide the work area into 40 ft 2 sections. Wipe floors and windowsills with a wet disposable cleaning cloth. Perform cleaning verification procedure as indicated on back of cleaning verification card 30
Optional Dust Clearance Testing (Interior only) Cleaning verification is not required if dust clearance samples are taken at the conclusion of the renovation by a certified: -- Inspector, -- Risk Assessor, or -- Dust Sampling Technician 31
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