Transcript New EPA RRP Rule - Healthy Homes Collaborative

EPA Repair, Renovation, & Painting
Rule: An Overview
Alliance for Healthy Homes
Healthy Homes Collaborative
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
www.afhh.org
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
www.afhh.org
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
www.afhh.org
“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
www.afhh.org
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
www.afhh.org
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)
www.afhh.org
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)
www.afhh.org
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
www.afhh.org
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.”
www.afhh.org
Rule Scope
•
Covers renovation, repair and painting
activities that disturb painted surfaces in:
–
Target housing, which is housing constructed before
1978 except:
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•
–
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.
www.afhh.org
RRP Rule Exclusions
Excludes:
• Renovations affecting only components that
are free of lead-based paint
–
•
Minor repair and maintenance:
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Determination by certified inspector/risk assessor or
certified renovator using an EPA-approved test kit
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
www.afhh.org
Exclusion of Childless OwnerOccupied 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).
www.afhh.org
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.
www.afhh.org
Certification
Firms
• 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.
www.afhh.org
Certification
Individuals
• 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.
www.afhh.org
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.
www.afhh.org
Work Practice Standards
General
• 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 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
www.afhh.org
Work Practice Standards
Cleaning
• 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.
www.afhh.org
Work Practice Standards
Cleaning 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.
www.afhh.org
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 enforcement
will be critical to success of rule
www.afhh.org
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
www.afhh.org
Important Dates
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June 2008:
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States and tribes may begin applying for authorization
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PRE (406(b)) applies to child-occupied facilities
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Some restrictions apply to unaccredited training programs
December 2008:
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“Renovate Right” brochure must be used for the PRE
April 2009:
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EPA begins administering program in unauthorized states
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Training providers may begin applying for accreditation
October 2009:
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Renovation firms may begin applying for certification
April 2010:
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Renovation firms must be certified
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Renovators and dust sampling technicians must be certified
–
Workers must be trained
–
Work practices must be followed
www.afhh.org
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
www.afhh.org
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
www.afhh.org
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
www.afhh.org
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
www.afhh.org
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
www.afhh.org
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.afhh.org
www.Healthy Homes Collaborative.org
Linda Kite
Executive Director
213-689-9170 x 106
617 S. Olive St. Suite 810
Los Angeles, CA 90014
[email protected]
www.afhh.org