Lead-based Paint Regulations Webinar November 21,

Transcription

1 Lead-based Paint Regulations Webinar November 21,

2 Lead-Based Paint Renovation, Repair, and Painting Overview of Final Rule November 21, 2008

3 The Renovation, Repair, and Painting Rule (RRP) On March 31, 2008, EPA issued a final rule under the authority of 402(c)(3) of the Toxic Substances Control Act (TSCA) to address lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities. 3 November 2008 RRP Final Rule - Overview

4 Rule Scope Excludes: Renovations that affect only components that have been determined to be free of lead-based paint. Activities that disturb under 6 ft 2 interior or 20 ft 2 exterior. This excludes window replacement, demolition, and projects involving prohibited practices. Work done by individuals in housing they own and occupy. Opt-out provision: Homeowners may opt out of rule 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. 4 November 2008 RRP Final Rule - Overview

5 Pre-Renovation Education 5 New requirements for child occupied facilities (COF). Before renovating a firm must: Provide Renovate Right to building owner and adult representative Provide information about the renovation to parents & guardians of children under age 6 using facility by mail, hand-delivery or informational signs. Change to requirements in common areas of target housing. Firms may post informational signs in lieu of delivering information directly to each dwelling. Informational signs must: Be posted where they will be seen Describe nature, locations, and dates of renovation Be accompanied by Renovate Right or info on how to get a free copy November 2008 RRP Final Rule - Overview

6 Pre-Renovation Education New brochure Renovate Right developed for all covered renovations Until December 2008, either new or old brochure may be used After December 2008, only new brochure may be used Protect Your Family brochure will still be available for other purposes like real estate disclosure and general outreach 6 November 2008 RRP Final Rule - Overview

7 Certification Firms To be certified to perform renovation or dust sampling firms must submit an application and fee to EPA Certifications are good for 5 years. Certification allows the firm to work in any non-authorized state or Indian tribal area. 7 November 2008 RRP Final Rule - Overview

8 Certification Renovator and Dust Sampling Technicians 8 Must take 8-hour accredited training course Individuals with certain previous training can take a 4-hour accredited refresher course Course certificate serves as certification (no application to EPA required) Refresher training is required every 5 years Certification allows the renovator or sampling technician to work in any nonauthorized state or Indian tribal area. November 2008 RRP Final Rule - Overview

9 Accredited Training To be accredited to provide renovator or sampling technician training, trainers must submit an application and fee to EPA Trainers must be re-accredited every 4 years. Course length Initial course must last a minimum of 8 hours (2 hours hands-on) Refresher course must be at least 4 hours. EPA is updating model courses. Training providers must notify EPA of individuals who complete training. Accreditation allows the trainer to conduct training in any nonauthorized state or Indian tribal area. 9 November 2008 RRP Final Rule - Overview

10 Work Practice Standards Firm Responsibilities Ensure all individuals performing renovation activities are either certified renovators or have been trained by a certified renovator. A certified renovator is assigned to each renovation and performs all of the certified renovator responsibilities. All renovations are performed in accordance with the leadsafe work practice standards. Supply lead hazard information pamphlets to owners or managers of the home or building to be renovated prior to starting the work. Ensure the recordkeeping requirements are met. 10 November 2008 RRP Final Rule - Overview

11 Work Practice Standards Renovator Responsibilities Perform or direct work by uncertified individuals to ensure that the work practices are being followed, including: maintaining the integrity of the containment barriers, and ensuring that dust or debris does not spread beyond the work area. Provide on the job training to uncertified workers. Be physically present at the work site: When warning signs are posted, while containment is established, and during final work area cleaning. Be available, either on-site or by telephone, at all other times. When requested, use a test kit to determine if LBP is present. Perform cleaning verification. Must prepare required records. 11 November 2008 RRP Final Rule - Overview

12 Work Practice Standards General Post signs defining the work area. Contain the work area so that no dust or debris can leave the area. HVAC ducts, countertops, floors, and objects left in the work area must be covered with taped-down protective sheeting. Certain practices are prohibited: open-flame burning or torching machines that remove lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, unless such machines are used with HEPA exhaust control operating a heat gun above 1100 degrees Fahrenheit 12 November 2008 RRP Final Rule - Overview

13 Work Practice Standards Interiors Remove or cover all objects from the work area. Close and cover all ducts in the work area. Close or cover all windows and doors in the work area. Cover the floor surface of the work area with plastic sheeting. Ensure that all personnel, tools, and other items including waste are free of dust and debris when leaving the work area. 13 November 2008 RRP Final Rule - Overview

14 Work Practice Standards Exteriors Close all doors and windows within 20 feet of the renovation. Cover the ground with plastic sheeting extending out from the edge of the structure a sufficient distance to collect falling paint debris. 14 November 2008 RRP Final Rule - Overview

15 Work Practice Standards Cleaning Pick up all paint chips and debris. Remove all protective sheeting. Clean all objects and surfaces in and around the work area. Clean walls with a HEPA-equipped vacuum or with a damp cloth. HEPA vacuum all remaining surfaces and objects in the work area. Wipe all remaining surfaces in the work area with a damp cloth. Mop uncarpeted floors. 15 November 2008 RRP Final Rule - Overview

16 Cleaning Verification Wipe floors, countertops, and windowsills with wet cleaning cloth. Use one cloth for each 40ft 2 section of floor. If the cloth does not match the verification card, re-clean that surface and then re-wipe with a wet cleaning cloth. If this cloth does not match the cleaning verification card, allow the surface to dry completely and wipe with a dry cleaning cloth. 16 Note: Laboratory dust sampling is an option where the contract or another Federal, State, or local regulation requires dust sampling by a certified professional and requires the renovation firm to clean the work area until it passes clearance. November 2008 RRP Final Rule - Overview

17 Recordkeeping and Enforcement Documents demonstrating compliance with the rule must be retained for 3 years following the completion of a renovation. Pamphlet acknowledgment forms, owner opt-out forms, and documentation of work practices 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 $32,500 for each violation. Contractors who knowingly or willfully violate this regulation may be subject to fines of up to an additional $32,500 per violation, or imprisonment, or both. 17 November 2008 RRP Final Rule - Overview

18 State and Tribal Program Authorization RRP is a Delegable Program Programs must be at least as protective as EPA requirements, and have adequate enforcement Reciprocity will be encouraged 18 November 2008 RRP Final Rule - Overview

19 Important Dates June 2008: States and tribes may begin applying for authorization 406(b) applies to child-occupied facilities December 2008: Renovate Right brochure must be used for 406(b) April 2009: EPA begins administering program in unauthorized states Training providers may begin applying for accreditation October 2009: Renovation firms may begin applying for certification April 2010: Training providers must be accredited Renovation firms must be certified Renovators and dust sampling technicians must be certified Work practices must be followed 19 November 2008 RRP Final Rule - Overview

20 Key Summary Points Lead-based Paint Status Community certified as Lead-based Paint Free Housing Exempt from rule Components certified as Lead-based Paint Free Exempt from rule Untested Community or Components Assume regulated and address as required Test surface and determine if regulated Determination of lead-based paint status will impact regulatory investment (i.e. operating November 2008 RRP Final Rule - Overview 20

21 Key Summary Points Certification Training Programs Must be certified by EPA beginning April 22, 2009 Third Party Property Management ( Firms ) Must be certified by EPA beginning October 22, 2009 Must be certified by Authorized States Renovators Must be certified by EPA on or before April 22, 2010 Must be certified by Authorized States November 2008 RRP Final Rule - Overview 21

22 Key Summary Points Accredited Training All regulated Renovators regardless of current training status must attend a 4-hour refresher class by April 22, Firms/Renovators must ensure that current LSW training consists of at least 2 hours of hands-on activity. If not, an accredited 8-hour course will be required. Firms/Renovators with no current training will require an accredited 8-hour course. November 2008 RRP Final Rule - Overview 22

23 Key Summary Points Cleaning A HEPA vacuum is required Cleaning of walls HEPA vac or wet cleaning Remaining surfaces HEPA vac and wipe cleaning Cleaning Verification Disposable cleaning cloth (2x with wet cloth and 1x with dry cloth is maximum process) Renovators must have EPA Cleaning Verification Card November 2008 RRP Final Rule - Overview 23

24 Key Summary Points Record Keeping All regulated parties (trainers, firms, property managers, renovators, etc.) are required to maintain records for at least 3 years or face penalties. November 2008 RRP Final Rule - Overview 24

25 HUD s Lead Safety Rules and EPA s Lead in Renovation Rule Dr. Warren Friedman Office of Healthy Homes and Lead Hazard Control 25

26 Two perspectives on changes Changes to HUD Lead Safe Housing Rule (LSHR) as a result of EPA Renovation, Repair and Painting (RRP) Rule Additional requirements for projects covered by HUD s LSHR as well as the EPA s RRP Rule 26

27 Main changes to HUD LSHR projects from EPA RRP Rule Tenant-based rental assistance: RRP rule covers housing even if no child under 6 lives there Training and certification: EPA- or State-certification is needed for the renovation firm and at least one supervisor or worker who is at the job or who is available when work is being done. 27

28 Additional Requirements for projects covered by HUD s LSHR as well as the EPA s RRP Rule 28

29 Determination that LBP is present. EPA: Certified renovators use EPArecognized test kit to determine presence of LBP. HUD: EPA-recognized test kits may not be used to say paint is not LBP. Evaluation, paint testing or presumption by certified individual. Renovators may evaluate only if certified as LBP inspector or risk assessor. 29

30 Training and Certification EPA: EPA certifies renovators and firms. Only certified renovator required to have classroom training. Workers may receive on-the-job training from the certified renovator. HUD: All workers and supervisors must complete HUD-approved lead safe work practices course. 30

31 Treating LBP hazards EPA: Most renovations in target housing performed in a lead-safe manner. HUD: Depending on type and amount of HUD assistance, most lead hazards treated using interim controls, some with ongoing lead-based paint maintenance. 31

32 Prohibited Work Practices EPA: Prohibits 3 work practices: open flame burning or torching, heat guns above 1100 degrees F, power sanding, etc., without HEPA vacuum attachment. HUD: EPA s plus: heat guns that char paint, dry scraping farther than 1 ft. of electrical outlets, and use of volatile strippers in poorly ventilated space. 32

33 De minimis amounts EPA: 6 sq. ft. per interior space; 20 sq. ft. for exterior work. HUD: 2 sq. ft. per interior space; 20 sq. ft. for exterior work. 33

34 For Additional Information: Mike Wilson National Program Chemicals Division Office of Pollution Prevention and Toxics U.S. Environmental Protection Agency Patrick Connor Connor Solutions Dr. Warren Friedman Office of Healthy Homes Department of Housing and Urban Development