epa repair, renovation, & painting rule: an overview alliance for healthy homes healthy homes...
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EPA Repair, Renovation, & Painting Rule: An Overview
Alliance for Healthy Homes
Healthy Homes Collaborative
www.afhh.org
Background
• New EPA regulation will require use of certified contractors and lead safe work practices in most pre-1978 residences and child-occupied properties starting April 2010
• Some 236,000 individuals need 8-hour training– Subordinate workers’ training
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Why is lead a problem?• Critical health issue for young children• High levels of lead can result in anemia, hearing
loss, GI discomfort, and even encephalopathy, seizures, coma and death
• Lower, more typical levels, affect neurological development
• Strong associations between even very low levels of lead as child and IQ later in life
• Linked to behavioral and learning difficulties• Damage is essentially permanent – preventing
exposure is crucial
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Lead is bad for adults, too
• Increased chance of miscarriage, complications during pregnancy
• Fertility problems (men and women)
• High blood pressure
• Neurological disorders
• Memory and concentration problems
• Potential cancer risks
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“Lead Paint: Delicious but Deadly”• Pica, while dangerous, is NOT primary
source of poisoning• Dust from paint accumulates on floors,
window sills and sticks to hands and toys which are mouthed
• Household dust is most important contributor to childhood poisoning
• Other sources have gotten significant press recently, and they need to be addressed, but are responsible for very few cases
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Lead & Housing
• 24 million U.S. homes have significant lead-based paint hazards
• 38 million have some lead-based paint• Age dependent: 87% of pre 1940, 69% of
1940-1959, and only 24% of 1960-1978 housing has lead (lead banned in 1978)
• Rental & low-income properties more likely to have hazards
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Regulating Lead in Housing (I)
• Federal strategy based on Residential Lead-based Paint Hazard Reduction Act of 1992 (Title X)
• Professionalized lead inspection, risk assessment, and abatement work – ensures actions taken with intention of addressing lead are safe and successful by training and testing all abatement workers and mandating strict gov’t oversight
• Requires disclosure of known lead paint and lead hazards to buyers and tenants (1018) and provision of lead information to occupants prior to renovation (406(b) – pre-renovation education rule)
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Regulating Lead in Housing (II)• HUD’s Lead Safe Housing Rule (1012/1013)
requires varying degrees of action to address lead in federally assisted properties; HUD also provides limited lead abatement grants
• Result: abatement done well, but abatement is infrequent in private housing
• No requirement to look for lead hazards, address lead hazards when found, or prevent creation of lead hazards in private housing
• Lead never became integrated into mainstream (although some localities have done better)
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The Need to Address Renovation• Beyond 406(b) notifications, Title X instructed
EPA to regulate lead hazards produced by renovation
• Disturbing lead-based paint generates lead dust – can poison children during or after renovation – even poison workers’ children
• EPA studied the issue and found hazards created during renovation
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EPA’s Renovation, Repair, and Painting Rule (RRP)
• On March 31, 2008, EPA issued a final rule 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.”
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Rule Scope• Covers renovation, repair and painting
activities that disturb painted surfaces in:– Target housing, which is housing constructed before
1978 except: • housing for elderly or persons with disabilities (unless any
child younger than 6 resides or is expected to reside); or • any zero-bedroom dwelling.
– Child-occupied facilities• Buildings built before 1978 that are frequented by children
under age 6. • Includes kindergartens and child care centers.
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RRP Rule Exclusions
Excludes:• Renovations affecting only components that
are free of lead-based paint– Determination by certified inspector/risk assessor or
certified renovator using an EPA-approved test kit • Minor repair and maintenance:
– 6 ft2 or less per room interior, 20 ft2 exterior.– No exemption for prohibited practices, window
replacement, or demolition of painted surfaces• Renovations performed by homeowners in
their own homes
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Exclusion of Childless Owner-Occupied Units
Opt-out provision:• Homeowners may 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.
• To qualify for opt-out, homeowner must provide the renovation firm with a signed statement.
• Opt-out does not affect the Pre-Renovation Education Rule requirement (renovation firms provide a lead hazard information pamphlet before beginning work).
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Pre-Renovation Education
• Existing education regulation expanded to cover child-occupied facilities.
• New “Renovate Right” brochure developed for all covered renovations.
• Only new brochure may be used for PRE.
• The old “Protect Your Family” brochure is still used for other purposes like real estate disclosure and general outreach.
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CertificationFirms
• 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 (fee to be determined)
• Certifications will be good for 5 years.• Certification allows the firm to perform
renovations in any non-authorized State or Indian Tribal area.
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CertificationIndividuals
• Covered renovation activities must be performed and/or directed by a certified renovator.
• To become a certified renovator, an individual must take an 8-hour training course from an accredited training provider.
• The course completion certificate serves as certification (no application to EPA is required).
• Refresher training is required every 5 years.• Other workers do not need certification, but they must 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.
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Accredited Trainers• Trainers must submit an application and fee to EPA • Trainers must be re-accredited every 4 years.• Accreditation procedures are the same as those for
lead abatement training.• Course must last a minimum of 8 hours, with 2 hours
devoted to hands-on training.• EPA is updating model courses.• Training providers must notify EPA of individuals who
complete training and provide photos.• EPA accreditation allows the trainer to conduct training
in any non-authorized State or Indian Tribal area.
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Work Practice StandardsGeneral
• Post signs defining the work area.• Contain the work area so that no visible dust
or debris can leave the area. – All HVAC ducts, countertops, floors, and
objects left in the work area must becovered with taped-down protectivesheeting.
• 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
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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.
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Work Practice StandardsCleaning Verification
• Certified renovator must wipe windowsills, countertops, and uncarpeted floors in work area with wet disposable white cleaning cloths.
• These cloths must be compared to a cleaning verification card.
• If the cloth matches or is lighter than the card, that surface has passed the cleaning verification.
• Surfaces that do not pass the first attempt must be re-cleaned.
• Surfaces that do not pass on the second attempt must be allowed to dry and wiped with a white electrostatic (dry) cleaning cloth.
• Dust clearance testing may be performed instead, if the renovation contract or another law or regulation requires the firm to achieve clearance standards.
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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 $25,000 for each violation.• Contractors who knowingly or willfully violate this
regulation may face fines up to an additional $25,000 per violation, or imprisonment, or both.
• Alliance believes local adoption and enforcementwill be critical to success of rule
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State Adoption• States, Territories, and Tribes may obtain
authorization to administer and enforce their own RRP programs (instead of the EPA).
• EPA will authorize programs that are at least as protective as the final RRP rule – states may be more protective than the rule
• EPA will begin implementation of the Federal program in all non-authorized areas in April 2009; states may take over at any point and will assume all aspects of the rule (certifications, fees, etc.)
• Alliance is encouraging states to add clearance requirements, onsite supervision, and fewer exemptions
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Important Dates• June 2008:
– States and tribes may begin applying for authorization– PRE (406(b)) applies to child-occupied facilities– Some restrictions apply to unaccredited training programs
• December 2008:– “Renovate Right” brochure must be used for the PRE
• 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:– Renovation firms must be certified– Renovators and dust sampling technicians must be certified– Workers must be trained– Work practices must be followed
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Contractor Training• A certified Renovator must be assigned to each
job and be present for set-up and clean-up• EPA estimates that 236,000 individuals will need
the 8-hour class before the rule goes into effect, and 47,000/year will need training thereafter
• General renovators, window replacement contractors, painting contractors likely to be largest groups – specialty trades do not need certifications if working under certified GC
• Typical participant: minimal lead experience
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Optional Participants• Unlike for abatement jobs, EPA limited formal
training requirement to single “supervisor” due to staff turnover and training cost concerns
• Certified renovator is responsible for instructing others at work site in RRP requirements
• Firms may find it advantageous to train larger numbers of workers to ensure compliance and increase flexibility in job assignments
• Individual workers may find it worthwhile to obtain training to increase their marketability
• Alliance recommends widest possible training
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Training Curriculum• Curriculum used by accredited trainers must be
approved by EPA• Trainings must be minimum of eight hours,
include two hours of hands-on activities• Required content includes background on Pb,
review of regulations, test kit use, work practices, containment, clean-up, clearance/cleaning verification, waste disposal, OTJ training delivery, and record keeping
• Hands-on requirements limit distance learning• Process to get new curricula approved is
cumbersome
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EPA Model Curriculum• “Model” curriculum is pre-approved by
EPA – trainers using it will avoid the curriculum approval process
• The model is based upon the HUD/EPA joint LSWP training widely used for HUD LSHR compliance
• The model will be available in English & Spanish – other translations require EPA approval
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Model Curriculum Contents• Eight modules
• Twelve hands-on exercises are included, each with several “required skills” for which the student must be judged proficient
• Students must pass a test
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Grandfathered & Refresher Training
• Certified Renovators must take 4 hour refresher class every 5 years
• Lead abatement workers/supervisors, and those having previously taken eight hour LSWP class, may take refresher class in lieu of 8 hour class to become a renovator
• Content requirements for refresher are the same and it must include hands-on and a test
• Model refresher to be developed – will be a challenge to cover it all!
www.Healthy Homes Collaborative.org
Linda Kite
Executive Director
213-689-9170 x 106
617 S. Olive St. Suite 810
Los Angeles, CA 90014
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