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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

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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

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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.

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Regulations addressing LBP Hazards

1978 Consumer Product Safety Commission

banned lead in consumer paint

1992 Residential Lead-Based Paint Hazard

Reduction Act (Title X)

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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

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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…

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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

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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)

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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

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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

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Topics covered today

What RRP Covers

RRP Training and Certification Infrastructure

RRP Implementation

RRP vs. Abatement

Cleaning Verification and Clearance Testing

RRP Questions

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What does RRP cover?

RRP requirements apply to all renovations

performed for compensation in target

housing, and child occupied facilities

(COFs).

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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

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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

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What is a “Renovation”?

(745.83)

The modification of an existing structure that

results in the disturbance of painted surfaces.

Disturbing more than 6 ft2 per room of painted surface

(interior)

Disturbing more than 20 ft2 of painted surface

(exterior)

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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

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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

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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

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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.

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RRP Training and Certification

Infrastructure? Accreditation of Training Providers

Firm certification

Renovator and Dust Sampling Techniciancertification

Non-certified Workers

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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

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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

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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

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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.

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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

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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

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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 renovationand performs the requisite activities.

All lead safe work practices are followed.

Information distribution requirements are followed.

Recordkeeping requirements are met.

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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

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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.

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Cleaning verification of interiors

Divide the work area into 40 ft2 sections.

Wipe floors and windowsills with a wet disposable

cleaning cloth.

Perform cleaning verification

procedure as indicated on back of

cleaning verification card

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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

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Cleaning verification of exteriors

Conduct a visual inspection for dust, debris or residue.

Eliminate these conditions

where they exist.

When area passes visual

inspection, remove the

warning signs.

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Information distribution before

starting work

Provide the owner of the property with the Renovate Right pamphlet

Provide parents/guardians with the pamphlet ORpost informational signs while work is ongoing

Obtain written acknowledgment

or certificate of mailing that the

owner has received the pamphlet

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Lead-safe work practices

Post signs defining the work area

Employ lead safe work practices

Contain the work area

Minimize dust

Clean up thoroughly

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Lead-safe work practices

what to do inside

Remove or cover all objects from the work area.

Close and cover all ducts, windows and doors.

Cover the floor surface with taped-down plastic

sheeting.

Ensure that all personnel, tools, and other items

are free of dust and debris before leaving the work

area.

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Lead-safe work practices

what to do outside

Close all doors and windows within 20 feet of the

renovation.

Cover the ground with plastic sheeting a

minimum of 10 ft. in all directions from the actual

location of a painted disturbance.

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Prohibited practices

Open-flame burning or torching

Sanding, grinding and the like, unless

used with HEPA exhaust control

Use of a heat gun above 1100°

Fahrenheit

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Waste from renovations

Contain waste until it is removed from the

work area for storage or disposal.

Store collected waste so that dust and debris

do not escape out of the work area.

Contain the waste during transport from

renovation area.

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Cleaning the work area after

renovation is complete

Clean the work area until no visible dust, debris or residue remains.

Collect all paint chips and debris and seal in a heavy-duty bag.

Remove the protective sheeting. Mist the sheeting, fold the dirty side inward, and seal.

Dispose of the sheeting as waste.

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Cleaning of interiors

Clean walls starting at the ceiling and working down to the floor.

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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Recordkeeping requirements

All records necessary to demonstrate compliance with the regulations must be kept for 3 years following completion of the renovation. These include:

reports certifying that LBP is not present

test kits used to evaluate absence/presence of LBP

records relating to information distribution requirements/warning signage

worker training records

containment and work practice records

waste management records

post-renovation cleaning

cleaning verification and/or dust sampling results

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Contact Information

Jeanette Dadusc

EPA Region 2 RRP Coordinator

732-321-6671

Region2_LeadCoordinator@epamail.epa.gov,

National Lead Information Hotline

800-424-LEAD (5323)

http://www.epa.gov/lead/