Poisonings from Housing. A Regulatory Update

Transcription

1 Poisonings from Housing Renovations o Containing Lead Paint: A Regulatory Update Delaware Healthy Homes Summit March 12, 2014 Presented by: Demian P. Ellis, USEPA Region 3

2 What will be covered Overview of Renovation, Repair, and Painting (RRP) Rule Requirements RRP Enforcement/Compliance Assistance State Authorization

3 BACKGROUND Approximately 34 Million Homes in the U.S. Contain Lead

4 OVERVIEW Renovation Studies (2000) Typical renovation activities that disturb lead-based paint produce hazardous quantities of lead dust. Typical clean-up methods (broom and shop vacuum) do not eliminate lead dust hazards. There is a relationship between renovations and elevations in children s blood lead levels.

5 OVERVIEW The Renovation, Repair, and Painting Rule: What is it? On March 31, 2008, EPA issued a final rule under the authority of 402(c)(3) of the Toxic Substances Control Act (TSCA) to addressed lead-based paint hazards created by renovation, repair, and painting activities iti that disturb lead-based paint. Renovation Definition Applies in target housing and child-occupied facilities Is a delegable program

6 OVERVIEW Where doesn t the RRP Rule Apply? Excludes: Renovations that affect only components determined to be free of lead-based paint. Activities iti that t disturb less than or equal to 6ft 2 interior i 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.

7 RRP REQUIREMENTS What does RRP require? Firms performing maintenance, repairs or renovations that disturb Lead Based Paint (LBP) in homes or Child Occupied Facilities (COFs) built before 1978 must: Have their firm certified by EPA Use certified renovators who are trained by EPA- approved training providers Follow lead-safe work practices Distribute information Keep records

8 FIRM CERTIFICATION Have their firm certified by EPA Contractors performing renovations that disturb paint must be EPA certified. RRP

9 FIRM CERTIFICATION Contractors performing renovations that disturb paint must be EPA certified.

10 FIRM CERTIFICATION CERTIFICATION - ACCREDITATION Certification of Firms If you or your employees conduct renovation or repair activities in a pre residential building or child-occupied facility: STEP 1: Submit an application and fee to EPA STEP 2: Make sure your employees are trained in Lead-Safe Work Practices. STEP 3: Once you receive your EPA Lead-Safe Firm Certification in the mail and logo instructions in your , update any desired outreach materials. RRP Final Rule - Overview 10

11 RENOVATOR TRAINING Renvoators must receive certification through training by taking an 8-hour course. Once training completed renovator certified for Once training completed, renovator certified for 5 years.

12 ON-THE-JOB TRAINING Workers must receive on-the-job training from a certified Renovator. RRP RRP RRP RRP RRP RRP

13 ON-THE-JOB TRAINING Non-Certified Worker Training Worker s name. Description of lead safe work practices the worker is trained to perform. Completed and signed skills evaluation checklists. Date(s) of training. Name and signature of the Certified Renovator who conducted the training.

14 NOTIFICATION Renovators must provide building owners and occupants pre-renovation notification. Renovations in common areas 60 days before renovation FIRM gives owner pamphlet and gets written acknowledgement OR gets certificate of mailing 7 days >start AND FIRM Notifies each affected unit Written notice to each unit OR post informational signs Post pamphlet (or how to obtain a copy) FIRM prepares written statement describing steps taken Notify if revisions s to scope, location o and/or dates

15 RENOVATOR RESPONSIBILITIES Perform or direct work to ensure the work practices are followed. Be physically present at the work site: When warning signs are posted, while containment t is established, and during final work area cleaning. Be available, either on-site or by telephone, at all other times. Provide on the job training to uncertified workers. When requested, use a test kit to determine if LBP is not present. Perform cleaning verification. Prepare required records.

16 Safe Work Practices General Work Practice Standards Post signs defining the work area. Ensure that all personnel, tools, and other items including waste are free of dust and debris when leaving the work area. Waste must be sealed in bags or Waste must be sealed in bags or plastic sheeting. Dispose of waste in accordance with Federal, State, and Local requirements.

17 Safe Work Practices Prohibitive Work Practice Standards Prohibited work practices Open flame burning or torching of lead-based paint Using heat gun >1100 o F Using machines without HEPA attachment (sanding, grinding, power planning, needle gun, abrasive blasting, or sandblasting)

18 Safe Work Practices Interior Work Practice Standards Remove or cover all objects from the work area. Close and cover all ducts in the work area. Close all windows, and cover all doors in the work area. Cover the floor surface of the work area with plastic sheeting.

19 Safe Work Practices Exterior Work Practice Standards 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.

20 Safe Work Practices Exterior - Vertical Containment Vertical barrier of plastic sheeting over a rigid frame. Work Practice Standards Required for exterior jobs close to property lines. Can be used to minimize floor or ground contamination.

21 Safe Work Practices Exterior Ground Cover Work Practice Standards Cover the ground with protective sheeting. If space permits, extend a minimum of 10 feet from the work area. Pay special attention ti and cover nearby vegetable gardens and children's play areas. Limit access, place signs. Establish a 20 foot perimeter around the work area if space permits. Erect a vertical containment. Vertical containment must be erected if renovations occur within 10 feet of the property line

22 Safe Work Practices Cleaning Work Practice Standards Pick up 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.

23 Safe Work Practices Cleaning Verification Work Practice Standards Wipe floors, countertops, and windowsills with wet cleaning cloth. If the cloth does not match the verification card, reclean 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. 23

24 Safe Work Practices Disposal Work Practice Standards What should I do with my waste? At the work site: Place waste in heavy duty plastic bag. Gooseneck seal the bag. HEPA vacuum the exterior of the waste bag before removing it from the work area. Store waste in a secure area. Carefully dispose of waste in accordance with Federal, State and Local regulations. Always check local waste requirements

25 RECORD KEEPING Record Keeping To have records available at the work site of: Certifications for the Certified Firm and Certified Renovators. To retain all records for at least 3 years after completion of the renovation. To keep records of: Training and certifications for all renovation personnel, and for certification of the firm. Distribution of required information. Communications with and certifications from owners and residents. Work activities in compliance to the Rule. Post-renovation reports.

26 ENFORCEMENT EPA may suspend, revoke, or modify a firm s certification if firm is found to be in noncompliance. Non-compliant contractors may be subject to civil and criminal penalties up to $37,500 per day for each violation, imprisonment, or both.

27 ENFORCEMENT Typical procedure for a case First, a tip/complaint comes into the Region: Hotline Phone call Tip is entered into Report A Violation (RAV) system Please use

28 ENFORCEMENT Typical procedure for a case Tip is forwarded through the RAV system to an inspector, then: Inspector contacts the tipster. Gathers as much information as possible (including declaration) Schedules and performs the inspections Creates case file

29 ENFORCEMENT Typical procedure for a case Case file is forwarded to a compliance officer Compliance officer reviews case and prepares case recommendation Closeout Notice of Noncompliance Show Cause for CAFO Administrative i ti Penalty Order Tiering

30 ENFORCEMENT Types of Inspections Office/Record Inspections Worksite/Work Practice Inspections

31 ENFORCEMENT Office/Record Inspections Typically involve: Contacting contractor to arrange for an office visit Obtaining consent on-site to do the inspection Reviewing and collecting a sampling of contracts to determine level of g g p g compliance with the Rule

32 ENFORCEMENT Worksite Inspections Triggered by tip/complaint or drive-bys and usually involve: Taking pictures Could be interior or exterior work Attempting to talk to owner or workers Can not enter property without owner permission Returning to office Attempting to contact property owner to perform inspection Go back out for inspection Then, perform office inspection of contractor

33 ENFORCEMENT Worksite Inspections Problems Encountered Finding work sites Tips/complaints from disgruntled employees or rival contractors from home owner who is not satisfied with the work done trying to get refund, etc Contacting permitting offices Working with local inspectors On-line databases

34 ENFORCEMENT Worksite Inspections Problems Encountered (continued) Turnaround time for getting into field Contacting homeowner Homeowners are sometimes reluctant Logistics (drive-bys) Return to office to obtain permission to do the inspection

35 ENFORCEMENT Enforcement FY-13 Region 3 Inspection Numbers Training Provider RRP 74

36 ENFORCEMENT Known Regulated RRP Community Region 3 as of October-November 2013 Number of EPA-Accredited Trainers: 610 Region 3 Trainers: 73 Delaware EPA-Accredited Accredited Trainers: 2 Number of EPA Certified Firms: ~113,000 Number of EPA Certified Firms: 113,000 Region 3 Firms: ~15,000 EPA-certified firms in Delaware: ~300

37 ENFORCEMENT Common Violations Failure to Obtain Firm Certification. The United States alleges that Company X violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to Failure to Establish and Maintain Records. The Unites States alleges that Company X violated the Renovation, Repair, and Painting Rule by failing to establish and maintain records certifying that a certified renovator was assigned to the project, provided on-the-job training to individuals used on the project, and directed these individuals performing the renovation to comply with the work practice standards required by the RRP rule.

38 ENFORCEMENT Common Violations Failure to Document Delivery of the Lead Hazard Information Pamphlet to the Property Owner. The United States alleges that Company X violated the Renovation, Repair, and Painting Rule by failing to document that it provided a copy of the Renovate Right pamphlet to the property owner prior to commencing renovation activities Failure to Ensure All Individuals Performing the Renovation Were Certified or Trained. The United States alleges that Company X violated the Renovation, Repair, and Painting Rule by failing to ensure that all of the individuals performing the renovation were certified by EPA or had been trained by a certified renovator.

39 ENFORCEMENT Common Violations Failure to Comply with Work Practice Standards. The United States alleges that Company X violated the Renovation, Repair, and Painting Rule by: (1) failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; (2) failing to using prohibit the use of machines designed to remove paint or other surface coatings through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting without HEPA vacuum attachments, and; (3) failing to contain waste from renovation activities to prevent releases of dust (3) failing to contain waste from renovation activities to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal.

40 ENFORCEMENT EPA Tips and Complaints TIPS &COMPLAINTS NATIONALLY BY REGION 2268 TIPS & COMPLAINTS NATIONALLY BY REGION 4/1/2010-3/30/13

41 COMPLIANCE ASSISTANCE

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44 Increase consumer demand for trained and certified renovator services Print Ads Placed in 488 magazines Radio Mailers (English & Spanish) 1740 (English) & 432 (Spanish) airings in Dec 10 & Jan 11 Web Banners Flyers Home Depot Distribution 44

45 Focus outreach to contractors not already certified Print Ads (Full, ½ & ¼) Buck Slips Post Cards Distribution to the Regions Web Banners (3 sizes) Flyers (English & Spanish) Home Depot distribution Articles (Long, Med & Short) Tri-fold brochure Updated Renovate Right 45

46 Trainers Trade Organizations Property Managers Building Code Officials Industrial Hygienists Contractors

47 epa.gov/lead

48 Information Resources Test Kits RRP Final Rule - Overview 48

49 State and Tribal Program Authorization i RRP is a delegable program. Programs must be at least as protective as EPA requirements, and have adequate enforcement. Reciprocity will be encouraged. 13 States are authorized

50 Demian P. Ellis Regional Lead Coordinator USEPA Region 3 ellis.demian@epa.gov National Lead Hot Line (LEAD)