epa’s new requirements for residential contractors april 29, 2010

EPA’s New Requirements for Residential Contractors

April 29, 2010

RRP Final Rule - Overview2

New Protections from Lead Hazards in the Home

On March 31, 2008, EPA issued a Final Rule to address lead hazards created by renovation, repair, and painting activities that disturb lead-based paint.

Rule became fully effective April 22, 2010– Training providers must be accredited– Renovation firms must be certified– Renovators and dust sampling technicians must be

certified– Workers must be trained– Work practices must be followed


Where to Go for Information

www.epa.gov/lead

or

800-424-LEAD


RRP Website

Regulation, Compliance Assistance Guide Training Materials, Fact Sheets Applications and Instructions List of Trainers and Certified Firms FAQ’s, Hotline, Regional Contacts Tips and Complaint


Why is Lead a Hazard?

In young children, neurocognitive decrements are associated with blood lead concentrations in the range of 5-10 micrograms per deciliter (μg/dL), and possibly somewhat lower.

– A decline of 6.2 points in full scale IQ for an increase in concurrent blood lead levels from 1 to 10 μg/dL has been estimated.

House dust is the most common exposure pathway through which children are exposed to lead-based paint hazards.

– Younger children, in particular, are at risk for high exposures via hand-to-mouth activity, and may also ingest lead-based paint chips from flaking paint on walls, windows, and doors.


How Widespread is Lead-based Paint in Housing?

Approximately 38 million homes may contain lead-based paint.

Year House was Built Percent of Houses with Lead-based Paint

Before 1940 87 Percent

1940-1959 69 Percent

1960-1978 24 Percent

All Housing 40 Percent


Why Is Renovation A Problem?

Renovation activities that disturb lead-based paint create dust and debris. Debris becomes dust.

– Lead-contaminated dust is poisonous.

Very small amounts of lead-contaminated dust can poison children and adults.

– Children swallow dust during ordinary play activities.– Adults swallow or breathe dust during work activities.

Workers can bring lead-contaminated dust home and poison their families.


A Little Dust Goes a Long Way . . .

You can’t see it. It’s hard to sweep up. And, it travels.

One gram of lead can contaminate several Homes!


Goals of Renovation, Repair and Painting Rule

Any disturbance of lead-based paint can create a lead hazard.

Design safe, reliable and cost effective work practices that will help renovators safely work in homes with lead-based paint.

Train renovators in these techniques. Training and work practice standards are designed

to compliment the way contractors already do their job.

Design a program that is workable at the state level to encourage program authorization.


Major Provisions

Training of Renovators Accreditation of Training Providers Safe and Reliable Work Practice Standards Enforcement Provisions State and Tribal Program Authorization


Rule Scope

Covers renovation, repair and painting activities that disturb painted surfaces in:

– Most housing constructed before 1978 – Child-occupied facilities

Buildings built before 1978 that are frequented by children under age 6.

Includes kindergartens and child care centers.


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.


Exclusions

Renovations affecting only components that are free of lead-based paint

– Regulation allows renovators to use EPA approved commercial Test Kits to determine of lead-based paint is present before a job begins.

Minor repair and maintenance. Emergency Renovations. Renovations performed by homeowners in their

own homes.


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.


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.


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.


Rule Scope

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 and

– No child under age 6 or pregnant woman resides there.


Renovator Requirements

All covered renovations must be performed by certified renovation firms, using certified renovators and other trained workers.

To become certified, firms must submit an application and fee to EPA

– Certifications will be good for 5 years.

Certification allows the firm to perform renovations in any non-authorized State or Indian Tribal area.


Renovator Requirements

To become a certified renovator, an individual must take an 8-hour training course from an accredited training provider.

Refresher training is required every 5 years. Other workers do not need certification, they may

receive on-the-job training from a certified renovator.

Certification allows the renovator to perform renovations in any non-authorized State or Indian tribal area.


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 protective

sheeting. Prohibited Work Practices:

– open-flame burning or torching– machines that remove lead-based paint such as sanding, grinding,

or abrasive blasting unless used with HEPA exhaust control– heat guns above 1100 degrees Fahrenheit


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.


Work Practice StandardsCleaning Verification

Agency has developed a technique that allows the renovator to verify the effectiveness of their cleaning.

Wipe windowsills, countertops, and uncarpeted floors in the work area with a wet disposable cleaning cloth.

If the cloth appears clean, that surface has passed the cleaning verification.

– Agency provides a “verification card” that provides a visual reference of a clean wipe.

Dust clearance testing may also be performed.


Training Provider Requirements

Accreditation of Training Providers ensures consistency and quality of training.

EPA developed Model Training Course – 8 hours, with 2 hours devoted to hands-on training.– Course materials available free on-line

Accreditation allows the Trainer to conduct training in any non-authorized State or Indian Tribal area.


Recordkeeping and Enforcement

EPA may suspend, revoke, or modify a firm’s certification if firm is found to be in non-compliance.

Non-compliant contractors may be liable for civil penalties of up to $37,500 for each violation.

Contractors who knowingly or willfully violate thisregulation may be subject to fines of up to anadditional $37,500 per violation, or imprisonment, or both.


Pre-Renovation Education

Existing regulation expanded to cover child-occupied facilities.

Requires renovators to provide brochure before work begins.

New brochure “Renovate Right” developed for all covered renovations.

States and Tribes can seek authorization to administer this rule along with the RRP rule.


State and Tribal Program Authorization

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

EPA will authorize programs that are:– At least as protective as the Federal rule, and– Provide adequate enforcement.

Authorized to Date– WI, IA, UT, RI, NC, MS, KS


Where to Go for Information

www.epa.gov/lead

or

800-424-LEAD

epa’s new requirements for residential contractors april 29, 2010

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