NACHI

LEAD-BASED PAINT

The Past, The Present & the Future

Presented by: Lee E. WassermanCEO/President: LEW Corp.

5/22/2014

History, Characteristics & Uses

• History dates back to 100’s of years

• U.S. one of last major countries to ban use of

• 1992- Then in 1992 President George Bush signed into law Title X

• Elemental Lead is a bluish-white lustrous metal. It is very soft, highly malleable, ductile, and a relatively poor conductor of electricity.

• It is very resistant to corrosion but tarnishes upon exposure to air

Atomic structure of Lead

The Past

• manufacture of paints• Batteries• gasoline• pigments• ammunition• electronic devices• ceramic glazes• medical and scientific• Equipment• radiation shields• tank linings• petroleum refining• solders• plumbing• cable coverings• bearings• caulking• Candle Wicks• Pool Cue• Chalk• Hair dyes• Varnishes

• glass• plastics• crystals• pipes• equipment that handles corrosive materials•Imported ceramics•Folk remedies• Target shooting at firing ranges• Making lead fishing sinkers or lures•Stained-glass window•Glazed pottery Metal Alloys- Bronze, Brass & Steel•Imitation pearls•Insecticides•Lubricants•Crayons•,Playground equipment•Mini –blinds

Health Effects

• lead poisoning in the United States continues to be a source of concern for health care providers.

• It only takes a small amount of lead to cause lead poisoning.

• When lead gets into the system it alters the way nerve cells signal each other, causing nervous system damage and effects to other major organs in your body

• Lead exposure can harm unborn babies. Infants, children and pregnant women a

• Adults can also become lead poisoned.

How do we get lead poisoned

• ingestion/swallowing and breathing/inhalation

• Sources:– Paint – Dust - Window sills and window

wells • hands to mouth activity

– Soil - Flaking paints and gasoline – Water - lead pipes & lead solder – Folk Remedies – Candy– Toys

• Where there is lead paint, there is potentially lead dust, and soil

Health Effects of Lead

• Damage to the brain and nervous system• Behavior and learning problems • Slowed growth • Hearing problems • Headaches • Health problems during pregnancy • Reproductive problems • High blood pressure • Digestive problems • Nervous disorders • Memory or concentration problems • Muscle and joint pain • Mental retardation • Seizures • Coma • Death

Lead can cause a wide range of health effects !

Health Effects of Lead

• Documented signs and symptoms of lead poisoning. – Irritability – Poor muscle coordination – Fussiness – Loss of appetite – Stomach pain or discomfort – Reduced attention span – Inability to sleep – Constipation

•The only way to be sure someone does not have lead poisoning is to be blood lead tested.

Prevention assess the paint on the interior and exterior of your home trained and qualified individuals perform a Lead-Safe Work Practices or

lead abatement Paint that is intact is not a threat and should be kept in good condition. Wet dust and mop frequently around window sills and floors to control

dust. using a High Efficiency Particulate Air (HEPA) filtered vacuum Wash hands & face and hands before eating If water has not been used for more than 8 hours let the cold water run for

a few minutes, before drinking. lead at their job or with a hobby they should shower before going home

and launder their clothes separately. If your home has lead based paint, renovation should not be done as a

“do-it-yourself” project Sanding, propane torches, heat guns and sandpaper should never be used

by an inexperienced person on lead paint.

General terms

• Interim controls- reduce temporarily exposure to lead-based paint hazards

• Lead hazard control work- work to make housing lead-safe,

• Lead-based paint- paint or other surface coating, contains lead equal to or in excess of 1.0 milligrams per centimeter squared (1.0mg/cm2) or in excess of 0.5% by weight

• Lead-based paint hazard - not in compliance with the lead-safe maintenance requirements, chipping or peeling paint, lead dust levels that exceed regulations, lead-contaminated dust or soil or lead-contaminated paint that is deteriorated

• Lead-Based Paint Inspection -surface-by-surface investigation

• Risk Assessment - investigation to determine the existence, nature, severity, and location of lead-based paint hazards

The world is an ever changing and rotating place.

• The Environmental field is a part of that world that is constantly evolving and changing due to a multitude of things.

• Such as:– New Science (CDC Advisory)– New Regulations– New litigation?– New mentality/Expectation?

What stimulates the environmental

industry?1. Regulation

1. Litigation

2. Media

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How Widespread is Lead in Housing?

Year House Was Built Percent of Houses withLead-Based Paint

Before 1940 87 percent

1940-1959 69 percent

1960-1978 24 percent

All Housing 40 percent

The Past • Federal ( Title X)

– HUD• Lead Safe Housing Rule (24 CFR Part 35)• Lead Disclosure Rule

– EPA• 40 CFR 745

– Lead Disclosure– RRP– Licensure– Work Practices (ref. HUD Guide)

– OSHA• Lead in Construction CFR 1926.62• Lead in Industry CFR 1910

• State – NJAC 5:17 Codes– NJAC 8:51 Health– NJAC 5:10 Housing

• Local Laws– Maplewood– Westfield– Paterson– Model Lead Cities Agreement

OSHA

The Past

The Present

• The Gift= Yesterday was the past, tomorrow is the future and TODAY is the Gift, that is why we call it the Present!

• What's new?– CDC

• New Reference Level 0.5ug/dl – HUD

• NEW HUD Guidelines 2012– EPA

• RRP – 5 year refresher cycle begins JUNE 2014!

The Present - CDC

• Per Data• 26Mill kids <6yrs

of age• Per CDC 5ug/dl

new Reference value

• Estimate 500thousand kids will have this level

• 26mil/500k=52• 1:52 has EBL/CDC

The PresentCDC

The PresentCDC

NJAC 8:51DOH

The Present

• HUD 2012 Guidelines for the Evaluation and Control of Lead-Based Paint and Lead Based Paint Hazards.

– Replaces the 1995 version & 1997 Chapter 7 Revision.

– Currently required document of regulatory compliance

Overview of Updates in the 2012 HUD Guidelines

for the Evaluation and Control of Lead-Based Paint Hazards in

Housing

HUD Office of Healthy Homes and Lead Hazard ControlSeptember 4, 2012

Developmental participants

• First draft by National Center for Healthy Housing (NCHH)

• ICF International provided editorial support• Atrium Environmental Health and Safety

Services performing formatting and layout for Web posting

• HUD staff completed the revision, with greatly appreciated external and internal reviews

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ReviewersExternal reviewers:Kevin Ashley, CDC/NIOSH Donna Thomas, USDAMary Jean Brown, CDC/NCEH Lee Wasserman, LEWCorpScott Clark, U. of Cincinnati Kenneth T. White, Consultive ServicesGary Dewalt, QuanTech Jonathan Wilson, NCHHKarl Duff, Liability Consultants, LLC Marc Edmonds, EPA Internal HUD reviews:Chuck Fisher, NPS Peter AshleyThomas Galassi, OSHA Nancy BooneKris Hatelid, CPSC Warren FriedmanMark Henshall, EPA Karen GriegoDavid E. Jacobs, NCHH Bruce HaberLarry McGowan, OSHA Lee Ann RichardsonRebecca Morley, NCHH Eugene PinzerRon Morony, EPA Rachel RileyJackie Mosby, EPA John ShumwayAaron Sussell, CDC Robert Weisberg

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The whole book in one figure!

Overview of Changes

• Regulations and policies issued and implemented by HUD, EPA, CPSC and NPS

• CDC elevated blood lead level guidance• Knowledge gained from field and laboratory

experience, and technology advances• Advice given by HUD and others to housing

owners, funders, and lead professionals

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Chap. 1: Introduction

• Updated discussion and references on: background on childhood lead poisoning, sources of lead, evolution of lead poisoning prevention

• CDC emphasis on primary prevention, and discussion of CDC response to ACCLPP report

• Qualifications for physicians administering chelation therapy

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Chap. 2: Where to Go for Help —Qualifications and Roles

• Updated organizational names, addresses, website links

• HUD/OHHLHC, and EPA, are public health agencies with respect to childhood lead poisoning

• Roles of housing owners, certified persons, certified firms, accrediting bodies

• Importance of good reports

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Chap. 3: Before You Begin —Planning To Control Lead Hazards

• EPA Abatement Rule and Renovation, Repair and Painting (RRP) Rule, e.g., certified firms, certified supervisors, certified renovators

• HUD Lead Safe Housing Rule (LSHR) aspects, e.g., required evaluation and control activities for federally-owned and -assisted housing

• High-level summary of relationship between the RRP Rule and LSHR (detailed summary in regulatory Appendix 6)

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Chap. 3 (cont.)

• EPA residential waste disposal:– Household waste policy clarification (2000)– Resource Conservation and Recovery Act

(RCRA) rule update (2003) codified this policy– See chapter 10 for specifics

• Project completion: Discussion of cleaning verification and clearance

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Chap. 4: Lead-Based Paint and Housing Renovation

• Updates descriptions of OSHA, EPA and HUD rules and roles

• Notes that LBPH and LBP definitions are under collaborative review by EPA and HUD

• Invokes PRE Rule• Updates prohibited methods under EPA rules

and LSHR

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Chap. 5: Risk Assessment and Reevaluation

• Invokes EPA lead training and certification (402) rule, State / Tribal certification program authorizations, and LSHR

• Distinguishes risk assessment (RA) from environmental investigation

• Discusses composite sampling, but gives pragmatic reasons for not encouraging it

• Discusses random sampling of types of common areas

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Chap. 5 (cont.)

• ASTM voluntary consensus standards for dust-lead and soil-lead sampling and analysis

• Revised model questionnaires and field sampling forms

• Mobile laboratories re NLLAP in EPA and State/Tribal certification programs

• Model RA report executive summary format • RA report example (in Appendix 8.1)

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Chap. 6: Ongoing Lead-Safe Maintenance

• Discusses relationship among ongoing maintenance, interim controls, and renovation

• Invokes PRE, RRP, LSHR• Updated forms

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Chap. 7: Lead-Based Paint Inspection

• Invokes EPA certification program, and State / Tribal certification program authorizations

• Notes that there are other analyses besidesX-ray fluorescence (XRF) and the common lab methods (AAS, ICP-AES, ASV) that may be used by a laboratory with NLLAP recognition

• Emphasizes that results and LBP inspection / RA reports using an XRF without a current Performance Characteristic Sheet are invalid

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Chap. 7 (cont.)

• Invokes ASTM voluntary consensus standards for sampling and analysis

• Updates recommended report summary paragraphs on disclosing where LBP was, and was not, identified

• As noted previously, LBP definition under collaborative review by EPA and HUD

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Chap. 7 (cont.)

• Recommends that owners of LBP-free leasing properties retain reports for the life of the building, to prove easily that lease transactions are exempt from the Lead Disclosure Rule

• Recommends that other owners retain the reports as well

• Discusses mobile laboratories re NLLAP in EPA and State/Tribal certification programs

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Chap. 7 (cont.)

• Discusses testing of non-paint surfaces, e.g., unpainted ceramic tile and porcelain bathtubs:– Surfaces are not LBP, and not covered by

the Lead Disclosure Rule – Sometimes tested before renovation if they

will be broken or crushed, re worker protection and clearance issues

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Chap. 8: Resident Protection and Worksite Preparation

• Invokes PRE and RRP Rules• Expands discussion of OSHA rules• Step-by-step worksite preparation description• Strongly discourages high-dust jobs

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Chap. 9: Worker Protection

• Considerably shortened, since OSHA’s guidance for its Lead in Construction standard has been issued (links are provided)

• Updated protective clothing and equipment (e.g., respiratory protection standard) info

• Discusses OSHA hazcom rule revision (3/26/2012) with global harmonization (e.g., revised lead warning sign and lead-contaminated clothing container label)

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Chap. 10: Housing Waste

• Reflects EPA waste rules and guidance, esp.:– Policy clarification (2000) exempting most

residential LBP waste generated by contractors as well as residents, but not concentrated lead waste (e.g., paint strippings, lead paint chips)

– Resource Conservation and Recovery Act (RCRA) rule update (2003) codified this policy

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Chap. 11: Interim Controls

• Reflects PRE, RRP and LSHR• Provides updated step-by-step procedural

guidance• Reiterates HUD policy that,

“Clearance is highly recommended … even when not required by regulation”

of HUD or EPA, while noting the role and benefits of those regulations

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Chap. 12: Abatement

• Reflects EPA 402 abatement rule and HUD LSHR

• Notes, re metal components, that factory applied primers in sound condition need not be abated or removed in an abatement project

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Chap. 13: Encapsulation

• Notes that encapsulation:– with a less-than-20 yr expected life, or – without a 20 yr-or-longer encapsulation

maintenance plan,is RRP / interim control, not abatement

• Notes that EPA volatile organic compounds emissions rule for architectural coatings may cover encapsulation; the determination is product-, method- and site-specific

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Chap. 14: Cleaning Following Hazard Controls or Other Paint-Disturbing

Work• Updated to reflect methodology research

results• Discusses types of vacuums, use of TSP• Discusses use of on-site preliminary dust

testing (e.g., XRF, ASV) before clearance exam when achieving clearance known to be difficult (e.g., high dust-lead and paint-lead levels before work, surfaces not smooth & cleanable)

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Chap. 15: Clearance

• Reflects EPA lead abatement regulations and HUD LSHR

• For certified dust sampling technicians:– EPA RRP Rule allowing them to conduct

optional clearance, and – HUD LSHR allowing them to conduct

clearance if exam approved and report signed by certified RA or LBPI, but not to randomly select testing units / locations

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Chap. 15 (cont.)

• Use of voluntary consensus standard (ASTM) methods

• Composite sampling of dust not encouraged; procedures described for it if conducted

• Discusses use of on-site dust testing (e.g., XRF, ASV) for clearance exam by NLLAP-recognized mobile laboratory

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Chap. 15 (cont.)

• Table of recommended minimum number and locations of dust samples for four clearance categories (interior with containment, without containment; worksite-only; exterior work)

• Updated discussion on option to determine if specified hazard control work was done

• Discussion and checklists for clearance report preparation

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Chap. 16: Investigation and Treatment of Dwellings that House Children with Elevated Blood Lead Levels• New summary of recommendations as a function

of BLL• New list of actions NOT recommended• New description of assessment/ remediation• CDC response to ACCLPP report• Pending decisions on HUD rulemaking, retains

EIBLL thresholds and approach, so HUD and state/local agencies have guidance

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Chap. 17: (Reserved for future use)

• The content of the first edition’s chapter 17, Routine Building Maintenance and Lead-Based Paint, is incorporated into revised chapters:

6 (ongoing lead-safe maintenance), and 11 (interim controls)

• Chapter 17 is now reserved

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Chap. 18: Lead-Based Paint and Historic Preservation

• Updated re National Parks Service guidance• Invokes RRP, LSHR, OSHA• Cautions on chemical stripping re glue melting• To protect housing’s historicity, recommends no:

– Caustic strippers that can raise wood grain (unless supervised by a trained specialist)

– Power sanding that can abrade wood surfaces– Hot-tank dipping that may loosen glued joints

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5/22/2014

EPA’s Renovation, Repair & Painting Rule (4/22/10)

“Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. “

April 22, 2010

National IMPACT/Detonation

Penalties up to $37,500.00 per

day per violation!

5/22/2014

The RRP Law and Guidance Documents

5/22/2014

Q: Where can you get all the information?

A: EPA’s RRP web site address below.

http://www.epa.gov/lead/pubs/renovation.htm#requirements

On EPA RRP web site page you will find the below links:

EPA Requirements Information for States and Tribes Information for Property Owners of Rental Housing, Child-Occupied Facilities Information for Homeowners Working at Home Information for Tenants and Families of Children under Age 6 in Child Care Facilities and Schools Information for ContractorsFee Rule Information for Training Providers Information for Lead Test Kit Vendors Information for Realtors and Property Management Firms Related Notices, Final and Proposed Rules, and Background Information on EPA's Lead Renovation, Repair and Painting Program Rule

5/22/2014

What does this law require § 745.82 Applicability. § 745.83 Definitions. § 745.84 Information distribution Requirements § 745.85 Work practice standards.

§ 745.86 Recordkeeping and reportingrequirements.

§ 745.87 Enforcement and inspections § 745.89 Firm certification. § 745.90 Renovator certification and dust

sampling technician certification.

5/22/2014

Appropriate “Pamphlet” distribution

NO More for Paint disturbance, ONLY for Real-

estate sales & leases

Included Opt-out ruleDo NOT use

YES as of 12/22/08 for Renovation, Repair and Paint

disturbance (no Opt-out)

5/22/2014

NJAC 5:10 Distribution Req.

MUST BE provided to all NJ residents IN ADDITION TO, the Renovate Right by N.J.A.C 5:10 and must document!

5/22/2014

Sample Pre-Renovation Form

Opt out provision, WAS removed (7/10), as per

EPA law suite and public comment.

5/22/2014

5/22/2014

The Dance floor -Training

• Law published in Federal Register – Final rule 4/22/2008

• LEW Corp. 3rd EPA Certified to train in U.S. 7/2009

• Dance floor got busy 9/2009 (9/2014)• Dance floor got very busy 2/2010 thru

5/2010• Dance floor got a little busy again (EPA

Cynthia Giles Asst. Admin. memo 12/31/10) 9/2010-11/2010

• Dance floor went quite 12/2010• Dance floor is slow in relation to untrained

estimated # of contractors.

5/22/2014

PROHIBITED PRACTICES

NO MECHANICAL GRINDING/SANDING WITHOUT HEPA ATTACHMENTS

NO UNCONTAINED ABRASIVE OR WATER BLASTING

NO OPEN FLAME BURNING, HEAT GUN HOTTER THAN 1,100O F, WELDING/FLAME CUTTING

NO METHYLENE CHLORIDE BASED STRIPPERS IN POORLY VENTILATED SPACES.

3-8

HEPA

Methylene Chloride Stripper

5/22/2014

5/22/2014

This document was prepared as a summary example document of some of the differences based on the regulations and their language available at the time of preparation. The below regulations can, do and are expected to change over the next several months and therefore it is the unconditional responsibility of the reader of this document to know the laws and comply with them regardless of this internally prepared document. Under NO CIRCUMSTANCES does LEW Corp. warranty, represent or claim that the below listed variances amongst the regulations are exhaustive or presented in complete detail. This document was prepared to highlight some of the differences but should not be used as a complete detailed table for compliance. .

This document is the property of LEW Corporation and cannot be modified or distributed without an authorized agent of LEW Corporations written permission

5/22/2014

5/22/2014

The Future

• HUD/EPA action levels• EPA Lead paint regs. Commercial and Public

Bldgs.• Hurricane Sandy – game changer• Mold Regulation NJ• Healthy Housing• The Media• Litigation?

The Sample kits ofToday & Tomorrow

Think about Lead Paint/Environmental

Concerns OR

The END

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