What s New with the EPA s Lead-Paint Rule

Transcription

1 What s New with the EPA s Lead-Paint Rule Tanya Mottley, Director of the Office of Pollution Prevention, EPA Wi-Fi Access Network: Westin Meetings Code: ThermaTru May 7 9, 2014 The Westin Alexandria Alexandria, VA #RMLC2014

2 What's New With the EPA's Lead- Paint Rule 2014 Remodeling Leadership Conference Tanya Hodge Mottley, Director National Program Chemicals Division National Program Chemicals Division

3 Organizational Chart effective June 2014 Office of Chemical Safety and Pollution Prevention Office of Pesticides Programs Office of Pollution Prevention and Toxics Office of Science Coordination and Policy National Program Chemicals Division Chemical Control Division Risk Assessment Division Chemistry, Economics and Sustainable Strategies Division Information Management Division Environmental Assistance Division 3

4 Overview Hazards of lead Progress in addressing blood lead levels in children and our RRP program EPA s regulation of RRP firms and projects Remaining challenges Outreach 2014 and beyond 4

5 Background Lead is a highly toxic metal Lead exposure can cause cognitive function decrements in children No evidence of a threshold for these cognitive effects Lead from paint, including lead-contaminated dust, is one of the most common causes of lead poisoning. 5

6 Title X - Residential Lead-Based Paint Hazard Reduction Act of 1992 Federal Response to Lead Exposure Develop a national strategy to build the infrastructure necessary to eliminate leadbased paint hazards in all housing Assigned responsibilities to Federal Agencies EPA, HUD, CDC, OSHA etc. Title X added a new title to TSCA entitled Title IV Lead Exposure Reduction Assigned EPA a major national leadership role 6

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8 Lead-based Paint in Homes More than 30 million homes still have lead-based paint The older the home, the more likely it is to contain leadbased paint 8

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10 EPA s Role Under Title X 2001 Lead dust hazard standard identified dangerous levels of lead in paint, dust and soil Lead is considered a hazard - 40 micrograms of lead in dust per ft 2 on floors micrograms of lead in dust per ft 2 on interior window sills ppm of lead in bare soil in children's play areas or 1200 ppm average for bare soil in the rest of the yard. - Paint in deteriorating condition, on a friction or impact surface, or on certain chewable surfaces is also defined as a hazard. 10

11 EPA s Role Under Title X With HUD, require the disclosure of information concerning lead upon transfer of residential property Manage the lead hotline and develop other public education programs Establish guidelines for renovations involving leadpainted surfaces Require renovators to provide lead hazard information prior to renovation 11

12 EPA s Role Establish national training and certification infrastructure for lead-based paint abatement and inspection professionals. (Rule issued March 2000) Establish national training and certification infrastructure for renovators working in pre-78 housing. (Rule issued April 2008) 12

13 Regulating Renovation, Repair and Painting Statutory Mandate Congress directed EPA to study the potential hazards of RRP activities in homes with lead based paint and regulate contractors whose work poses a hazard Years of research Nearly any RRP activity in a home with lead based paint can generate a lead hazard Lead has proven to be hazardous to children at levels that were once thought to be relatively safe Multiple studies show that renovation activities involving lead-based paint poison children Simple work practices and focused training can dramatically reduce the amount of dangerous lead dust left behind after a renovation. 13

14 How is EPA Regulating RRP? Scope Rule covers nearly all RRP activities in pre-1978 housing and child care facilities. Training All renovators must complete an EPA-developed 8 hour training course. Accreditation All training must be conducted by trainers that are accredited by EPA Certification All RRP work must be done by a certified firm Work Practices All RRP work must be conducted in accordance with EPA s lead safe work practices State Program Authorization - Statute allows States to take on program in lieu of EPA 14

15 RRP Program - Progress to Date 135,000+ certified renovation firms 500,000+ trained and certified renovators 600+ accredited training providers 14 states authorized to run programs 15

16 Authorized RRP Programs Rhode Island Not to Scale Delaware D.C. Not Authorized Authorized Puerto Rico

17 RRP Program - Challenges Level the playing field Increasing consequences for noncompliance Fostering demand through outreach Determining when lead-safe work practices are required in pre 78 housing 17

18 Enforcement Highlights Enforcement program has been gaining strength February - 35 RRP cases with fines totaling $274,000 Lowe s Home Centers Violations of the RRP Rule s recordkeeping and work practice standards $500,000 civil penalty Agreed to implement a corporate-wide compliance program 18

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21 Outreach Initiatives Ad Council Lead-Free Kids Focused on general lead outreach to parents and child care providers RRP Get Lead-Safe Certified Phase I reached contractors and the general public when the rule initially became effective Phase II targeted small renovators RRP Look for the Logo An extension of the Lead-Safe Certified initiative Will target daycare, parent and community organizations 21

22 EPA s Most Popular Web Site 22

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26 When are Lead Safe Work Practices Required? Assume Lead is Present Use an EPA-approved Test Kit Send a Paint Chip to a Lab Lead Inspection 26

27 RRP Program - Fees As required by statue, EPA collects fees for accreditation and firm certification February 2013 Inspector General report concluded that EPA is not recovering all costs associated with lead-based paint fees program EPA will re-evaluate fees and program costs after a 5-year cycle of certifications 27

28 Opt-Out Decision In 2010, EPA amended the RRP rule removing the ability of owner-occupants to opt out of having their contractors use lead-safe work practices. By removing the opt-out provision, the rule will go farther toward protecting older children and adult occupants of target housing where no child under 6 or pregnant woman resides, as well children younger than 6 and pregnant women. Removing the opt-out provision is consistent with the statutory directive to cover renovation activities in all target housing. 28

29 2014 and Beyond - Recertification Firm recertification application can now be completed and submitted electronically On-line refresher training course for renovators Exploring the possibility of removing the requirement for hands-on training as part of the refresher training course 29

30 2014 and Beyond - Expanding Partnerships Work with local permitting departments to require proof of RRP certification prior to granting building permits for regulated work in homes built before 1978 Providence, RI Chicago, IL Minnesota Work with interested parties to help promote RRP. 30

31 2014 and Beyond - Public and Commercial Buildings Continuing our analyses of the effects of lead exposure from renovations in public and commercial buildings. Exposures are different for residences and COFs Existing hazard standard applies only to residences and COFs Framework document will describe, in general terms, the approach we plan to take in our analysis. On track to issue a proposal by our deadline of July 2015, if we find that renovations in public and commercial buildings create lead hazards. 31

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