EPA’s RENOVATION, EPA’s RENOVATION, REPAIR & PAINTING REPAIR & PAINTING

RULERULEAll Pre-1978 Properties That All Pre-1978 Properties That

Are Not Lead FreeAre Not Lead Free

Basics of RRP RuleBasics of RRP Rule

Title X-Residential Lead-Base Paint Title X-Residential Lead-Base Paint Hazard Reduction Act of 1992 (Policy Hazard Reduction Act of 1992 (Policy Manual, Volume I, Administrative, Manual, Volume I, Administrative, Section E, Leasing Procedures, pages Section E, Leasing Procedures, pages E-32 to E-34)E-32 to E-34)

40CFR 745.80 to 745.9140CFR 745.80 to 745.91Published April 22, 2008 in “Federal Published April 22, 2008 in “Federal

Register”Register”Effective April 22, 2010Effective April 22, 2010www.epa.gov/lead/pubs/renovationwww.epa.gov/lead/pubs/renovation

Basics of RRP Rule, ContinuedBasics of RRP Rule, Continued

Applies to Renovation for Compensation Applies to Renovation for Compensation in Pre-1978 Target Housing & Pre-1978 in Pre-1978 Target Housing & Pre-1978 Child-Occupied Facilities; have Child-Occupied Facilities; have documentation available establishing documentation available establishing age of the property.age of the property.

What Triggers the RRP Rule? Lead-What Triggers the RRP Rule? Lead-Based Paint Disturbance during any Based Paint Disturbance during any renovation, repair and painting renovation, repair and painting activities.activities.

Impacts of RRP RuleImpacts of RRP Rule

EPA estimates 8.4 million renovation EPA estimates 8.4 million renovation events occur annually. This may drop to events occur annually. This may drop to 4.4 million since many properties will test 4.4 million since many properties will test for lead-based paint & this rule does not for lead-based paint & this rule does not apply to lead-based paint free properties.apply to lead-based paint free properties.

The RRP Rule requires certification of The RRP Rule requires certification of Firms by the EPA & Renovators by Firms by the EPA & Renovators by Accredited Trainers.Accredited Trainers.

EPA estimates that $35.00 will be added to EPA estimates that $35.00 will be added to the cost of each job. the cost of each job.

Other Existing Lead-Based Paint Other Existing Lead-Based Paint RulesRules

OSHA Lead in Construction Standard (1992)OSHA Lead in Construction Standard (1992) EPA/HUD Lead Disclosure Rule (1996)EPA/HUD Lead Disclosure Rule (1996) EPA/LBP Activities Rule (1996) standards for EPA/LBP Activities Rule (1996) standards for

certification & training for lead abatement, certification & training for lead abatement, risk assessors & inspectorsrisk assessors & inspectors

EPA Pre-Renovation Education Rule (1999)EPA Pre-Renovation Education Rule (1999) HUD Lead-Safe Housing Rule (1999)HUD Lead-Safe Housing Rule (1999) EPA Lead Hazard Standards Rule (2001)EPA Lead Hazard Standards Rule (2001) State & local lead-based paint requirementsState & local lead-based paint requirements

““Renovation” Means:Renovation” Means:

““Modification of any Modification of any existing structure, or existing structure, or portion thereof, that results portion thereof, that results in the disturbance of in the disturbance of painted surfaces, unless painted surfaces, unless that activity is performed as that activity is performed as part of an abatement.”part of an abatement.”

““Renovation” Means, Renovation” Means, Continued:Continued:

Removal, modification or repair of Removal, modification or repair of painted surfaces or painted painted surfaces or painted componentscomponents

Removal of building componentsRemoval of building componentsWeatherization projectsWeatherization projects Interim controls that disturb painted Interim controls that disturb painted

surfacessurfacesConverting a building, or part of a Converting a building, or part of a

building, into Target Housing or a building, into Target Housing or a Child-Occupied FacilityChild-Occupied Facility

““Compensation” Means:Compensation” Means:

Pay for work performed, i.e., contractorsPay for work performed, i.e., contractorsWages, such as those paid to Wages, such as those paid to

employees of contractors, building employees of contractors, building owners, property management owners, property management companies, child-occupied facility companies, child-occupied facility operatorsoperators

Rent for Target Housing, public or Rent for Target Housing, public or commercial spacescommercial spaces

Excludes: Child care payments, Do-it-Excludes: Child care payments, Do-it-Yourself renovations, Realtor feesYourself renovations, Realtor fees

““Target Housing” Means:Target Housing” Means:

Housing constructed before 1978Housing constructed before 1978Exceptions: Housing designed for Exceptions: Housing designed for

the elderly or persons with the elderly or persons with

disabilities (disabilities (unlessunless a child under 6 a child under 6 years of age resides or is expected to years of age resides or is expected to reside there) & Zero-bedroom reside there) & Zero-bedroom dwellingsdwellings

““Child-Occupied Facility” Child-Occupied Facility” Means:Means:

Constructed prior to 1978Constructed prior to 1978Visited regularly by the same child, Visited regularly by the same child,

under 6 years of age, on at least 2 under 6 years of age, on at least 2 different days within any week, different days within any week, provided: each day’s visit lasts at provided: each day’s visit lasts at least 3 hours & combined weekly least 3 hours & combined weekly visits last at least 6 hours or visits last at least 6 hours or combined annual visits last at least combined annual visits last at least 60 hours60 hours

Basic ExclusionsBasic Exclusions

Lead Abatement: designed to Lead Abatement: designed to permanently eliminate lead-based permanently eliminate lead-based paint hazardpaint hazard

Minor repair & maintenance activitiesMinor repair & maintenance activitiesNo lead-based paint disturbed: No lead-based paint disturbed:

Written documentation by Certified Written documentation by Certified Risk Assessor or Lead Paint Inspector Risk Assessor or Lead Paint Inspector or Proper use of EPA-recognized Test or Proper use of EPA-recognized Test Kit by a Certified RenovatorKit by a Certified Renovator

Minor Repair & Maintenance Minor Repair & Maintenance ExclusionExclusion

Disturb 6 square feet or less of painted Disturb 6 square feet or less of painted surface surface per roomper room for for interiorinterior activities activities

Disturb 20 square feet of less of painted Disturb 20 square feet of less of painted surface surface per sideper side for for exteriorexterior activities activities

NOT MINORNOT MINOR if: Using if: Using prohibited/restricted work practices or prohibited/restricted work practices or conducting window replacement or conducting window replacement or demolition of painted surface areasdemolition of painted surface areas

Prohibited Work PracticesProhibited Work Practices

Open-flame burning or torchingOpen-flame burning or torchingUse of a heat gun above 1,100 Use of a heat gun above 1,100

degrees F.degrees F.Power sanding, power grinding, Power sanding, power grinding,

power planning, abrasive blasting, power planning, abrasive blasting, sandblasting without exhaust port sandblasting without exhaust port connected to a HEPA vacuumconnected to a HEPA vacuum

Emergency Renovation Emergency Renovation ExclusionExclusion

Sudden, unexpected event that presents an Sudden, unexpected event that presents an immediate safety or public health hazard immediate safety or public health hazard and/or that threatens equipment or property and/or that threatens equipment or property with significant damagewith significant damage

Exempt from information distribution, Exempt from information distribution, warning signs, containment, waste handling, warning signs, containment, waste handling, training & certification requirementstraining & certification requirements

BUTBUT, final cleaning, “cleaning verification” & , final cleaning, “cleaning verification” & recordkeeping are still requiredrecordkeeping are still required

Certified Firm ResponsibilitiesCertified Firm Responsibilities

Apply for certification on/after 10/22/09; Apply for certification on/after 10/22/09; approximately 180 days for EPA approximately 180 days for EPA completion of application. Frame and post completion of application. Frame and post Firm Certificate is office.Firm Certificate is office.

Ensure compliance with RRP RuleEnsure compliance with RRP Rule Ensure all personnel are Certified Ensure all personnel are Certified

Renovators or have received on-the-job Renovators or have received on-the-job trainingtraining

Assign Certified Renovator to all jobsAssign Certified Renovator to all jobs Meet pre-renovation education & Meet pre-renovation education &

recordkeeping requirementsrecordkeeping requirements

Certified RenovatorCertified Renovator

Take & pass full-day initial Renovator Take & pass full-day initial Renovator course from EPA-accredited trainer course from EPA-accredited trainer oror

Take & pass half-day Renovator Take & pass half-day Renovator Refresher “bridge” course from EPA-Refresher “bridge” course from EPA-accredited trainer. Frame and post accredited trainer. Frame and post Renovator Certificates in office.Renovator Certificates in office.

Take & pass Refresher training Take & pass Refresher training every 5 yearsevery 5 years

Previous Lead-Safe Work Previous Lead-Safe Work Practices TrainingPractices Training

If the worker previously attended & proves If the worker previously attended & proves successful completion of an EPA/HUD-successful completion of an EPA/HUD-approved Lead-Safe Work Practices approved Lead-Safe Work Practices course, he/she only has to take & pass the course, he/she only has to take & pass the half-day Renovator Refresher “bridge” half-day Renovator Refresher “bridge” coursecourse

However, if the Lead-Safe Work Practices However, if the Lead-Safe Work Practices course was course was NOTNOT EPA/HUD-approved, the EPA/HUD-approved, the worker must take & pass the full-day initial worker must take & pass the full-day initial Renovator course Renovator course

Certified Renovator Certified Renovator ResponsibilitiesResponsibilities

Perform work, direct Lead-Safe Work Perform work, direct Lead-Safe Work Practices Practices

Be physically present while posting Be physically present while posting signs, containing work areas, cleaning signs, containing work areas, cleaning work areaswork areas

Provide & document on-the-job Provide & document on-the-job training to non-certified workerstraining to non-certified workers

Use EPA-recognized test kits to Use EPA-recognized test kits to identify lead-based paint (optional identify lead-based paint (optional task)task)

Certified Renovator Certified Renovator Responsibilities ContinuedResponsibilities Continued

Be available by phone when off-site (must Be available by phone when off-site (must be reasonably close)be reasonably close)

Maintain containmentMaintain containment Personally conduct “cleaning verification” Personally conduct “cleaning verification”

procedureprocedure Prepare & maintain job records; maintain Prepare & maintain job records; maintain

at least 3 years & provide Firm & Owner at least 3 years & provide Firm & Owner with copieswith copies

Recommend all contracts be amended to Recommend all contracts be amended to include Recordkeepinginclude Recordkeeping

Pre-Renovation Pre-Renovation Notification/EducationNotification/Education

Provide “Renovate Right” booklet available on Provide “Renovate Right” booklet available on www.EPA.govwww.EPA.gov (as of 12/22/08) and on the EMC (as of 12/22/08) and on the EMC Intranet (www.emcnet.biz), Custodial, Lead-Intranet (www.emcnet.biz), Custodial, Lead-Based Paint.Based Paint.

Obtain signed Pre-Renovation Forms Obtain signed Pre-Renovation Forms acknowledging receipt from occupants or proof acknowledging receipt from occupants or proof of mailing or unsuccessful delivery; recommend of mailing or unsuccessful delivery; recommend documentation even if less than 6’/20’.documentation even if less than 6’/20’.

Post signage in common areas notifying of Post signage in common areas notifying of intent to perform covered work & keep copies intent to perform covered work & keep copies of signs & notices; take pictures of signage for of signs & notices; take pictures of signage for records.records.

Determining If Lead-Based Paint Determining If Lead-Based Paint Is PresentIs Present

AssumeAssume Lead-Based Paint or Lead-Based Paint orPerform paint testing Perform paint testing beforebefore working workingThree available testing methods: Three available testing methods:

Paint chip collection for lab analysis Paint chip collection for lab analysis (Certified Lead Inspector or Lead Risk (Certified Lead Inspector or Lead Risk Assessor only)Assessor only)

XRF testing (Certified Lead Inspector or XRF testing (Certified Lead Inspector or Lead Risk Assessor only)Lead Risk Assessor only)

EPA-recognized test kit (Certified Renovator)EPA-recognized test kit (Certified Renovator)The results of the test must be disclosed; there The results of the test must be disclosed; there

is a chance for false positive.is a chance for false positive.

Interior Set-UpInterior Set-Up

Establish “containment”; temporary Establish “containment”; temporary barriers to isolate work areas to avoid barriers to isolate work areas to avoid escape of dust & debrisescape of dust & debris Establish work areaEstablish work area Limit access & post signs; take pictures of Limit access & post signs; take pictures of

signs for documentation.signs for documentation. Remove or cover belongings with 6-mil plasticRemove or cover belongings with 6-mil plastic Cover floors with 6-mil plastic; Close or cover Cover floors with 6-mil plastic; Close or cover

windows, doors, HVAC (recommend turning off)windows, doors, HVAC (recommend turning off) Document each step; pictures are Document each step; pictures are

recommended.recommended.

Exterior Set-UpExterior Set-Up

Establish work areaEstablish work area Close windows & doorsClose windows & doors Create containment by covering ground Create containment by covering ground

(include shrubs, bushes, mulch, etc.) at (include shrubs, bushes, mulch, etc.) at least 10 feet beyond building perimeter least 10 feet beyond building perimeter with 6-mil plasticwith 6-mil plastic

Ensure dust & debris do not contaminate Ensure dust & debris do not contaminate or migrate to adjacent areas or propertiesor migrate to adjacent areas or properties

Document each step; pictures are Document each step; pictures are recommended.recommended.

During The WorkDuring The Work

Ensure worker personal protection, i.e., Ensure worker personal protection, i.e., disposable coveralls, disposable shoe coverings, disposable coveralls, disposable shoe coverings, gloves, etc. If any respirator (half-mask, N-100) is gloves, etc. If any respirator (half-mask, N-100) is required, the work must be completed by a required, the work must be completed by a contractor.contractor.

Control spread of dust & debrisControl spread of dust & debris Restrict access to residents if occupiedRestrict access to residents if occupied Clean during job:Clean during job:

HEPA vacuum horizontal surfacesHEPA vacuum horizontal surfaces Remove debris frequentlyRemove debris frequently Remove paint chips as createdRemove paint chips as created Wrap & dispose of building componentsWrap & dispose of building components

Cleaning After Interior workCleaning After Interior work

Collect chips, debris & seal in 6-mil Collect chips, debris & seal in 6-mil plastic bagsplastic bags

Mist, fold dirty side inward, tape & Mist, fold dirty side inward, tape & seal and dispose of all protective seal and dispose of all protective plastic sheeting in 6-mil plastic bagsplastic sheeting in 6-mil plastic bags

HEPA vacuum walls & wipe with damp HEPA vacuum walls & wipe with damp cloth or disposable wipescloth or disposable wipes

HEPA vacuum & mop uncarpeted HEPA vacuum & mop uncarpeted floorsfloors

Visual Inspection-InteriorVisual Inspection-Interior

Conducted by Certified Renovator-Conducted by Certified Renovator-wear disposable shoe covers before wear disposable shoe covers before entering work areaentering work area

No visible dust, debris or residue can No visible dust, debris or residue can remainremain

Re-clean work area if dust or debris Re-clean work area if dust or debris is foundis found

Post-Renovation “EPA Cleaning Post-Renovation “EPA Cleaning Verification Procedure” is nextVerification Procedure” is next

““EPA Cleaning Verification EPA Cleaning Verification Procedure”Procedure”

Wipe each window sill with a single wet disposable cleaning Wipe each window sill with a single wet disposable cleaning clothcloth

Wipe uncarpeted floors & countertops separately with wet Wipe uncarpeted floors & countertops separately with wet disposable cleaning cloths-up to 40 square feet per clothdisposable cleaning cloths-up to 40 square feet per cloth

Compare to EPA-issued Cleaning Verification (CV) CardCompare to EPA-issued Cleaning Verification (CV) Card If cloth is darker than the CV Card, reclean & repeat If cloth is darker than the CV Card, reclean & repeat

procedure aboveprocedure above If second wet cloth fails, wait 1 hour & then wipe with If second wet cloth fails, wait 1 hour & then wipe with

electrostatically-charged dry disposable cleaning clothelectrostatically-charged dry disposable cleaning cloth This completes the “Cleaning Verification”; document This completes the “Cleaning Verification”; document

number of cloths used.number of cloths used. Warning signs may be removedWarning signs may be removed Unit must be dust-lead tested in D.C. & MarylandUnit must be dust-lead tested in D.C. & Maryland

Cleaning After Exterior WorkCleaning After Exterior Work

Look for remaining dust, debris, paint Look for remaining dust, debris, paint chipschips

Clean all surfaces in work area until no Clean all surfaces in work area until no visible dust, debris, chips or residue visible dust, debris, chips or residue remainremain

Remove dust & debris & seal in 6-mil Remove dust & debris & seal in 6-mil plastic bagsplastic bags

Mist, fold dirty side inward, tape & seal Mist, fold dirty side inward, tape & seal and dispose of protective plastic sheeting and dispose of protective plastic sheeting in 6-mil plastic bagsin 6-mil plastic bags

Visual Inspection-ExteriorVisual Inspection-Exterior

Conducted by Certified RenovatorConducted by Certified RenovatorNo visible dust or debris must remainNo visible dust or debris must remainPerform final cleaning if any dust or Perform final cleaning if any dust or

debris detecteddebris detectedWhen all areas pass visual When all areas pass visual

inspection, warning signs may be inspection, warning signs may be removedremoved

Post-Work Checklist, Reporting & Post-Work Checklist, Reporting & RecordkeepingRecordkeeping

Certified Renovator name, copy of certificationCertified Renovator name, copy of certification Certification from Certified Renovator of non-certified Certification from Certified Renovator of non-certified

worker training; must include each workers full name, all worker training; must include each workers full name, all topics of training & each workers signature.topics of training & each workers signature.

Certification of posting of warning signs; pictures Certification of posting of warning signs; pictures recommended.recommended.

Description of EPA-recognized test kit (if used); keep Description of EPA-recognized test kit (if used); keep packaging.packaging.

Description of work area containment, cleaning, “EPA Description of work area containment, cleaning, “EPA Cleaning Verification” & proper waste disposal; pictures Cleaning Verification” & proper waste disposal; pictures recommended.recommended.

Dust-lead clearance report (if performed)Dust-lead clearance report (if performed) Provide as much information as possible for each item on Provide as much information as possible for each item on

the Checklist.the Checklist.

Certification StrategyCertification Strategy

Submit application & fee to EPA to become Submit application & fee to EPA to become Certified Renovation FirmCertified Renovation Firm

Certified Renovator for each Firm. Visit Certified Renovator for each Firm. Visit www.connorinstitute.comwww.connorinstitute.com for training for training dates and location for EPA Certified dates and location for EPA Certified Renovator training.Renovator training.

Instruct contractors & sub-contractors Instruct contractors & sub-contractors performing work on your property to performing work on your property to submit application & fee to EPA to become submit application & fee to EPA to become Certified Renovation FirmsCertified Renovation Firms

Recordkeeping StrategyRecordkeeping Strategy

Assign work to Certified RenovatorAssign work to Certified RenovatorTrack or link work activity for property Track or link work activity for property

records; maintain for 3 yearsrecords; maintain for 3 yearsTrack or link contractors’ & sub-Track or link contractors’ & sub-

contractors’ work activity to property contractors’ work activity to property records; maintain for 3 yearsrecords; maintain for 3 years

Track Firm & Renovator certification Track Firm & Renovator certification records & renewal dates (5 years)records & renewal dates (5 years)

QUESTIONS?QUESTIONS?

Contact Frank MartinContact Frank Martin

(301) 562-1737(301) 562-1737

fmartin@emcmgmt.comfmartin@emcmgmt.com