Transcript October 6 2010 Webinar

Good Practice and Regulatory Compliance
in Lead Paint Removal from Commercial
and Residential Structures
October 6, 2010 Webinar
Sponsored by
Dumond Chemicals &
Dustless Technologies
Webinar Overview
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EPA’s Remodeling Renovation and Painting Rule (RRP) Regulations
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Regulations Stem From Lead Hazards to Children not Adults

Statutory Authority for EPA to Regulate the Renovation Industry
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Studies Supporting The Need To Regulate
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Abatement vs. Renovation Defined
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The RRP Rule’s Scope – Target Housing & Child Occupied Facilities
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Pre-Renovation Education Requirements
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Training and Certification Requirements
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OSHA’s Lead In Construction Regulations
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Work Practices That Satisfy Both and Should Keep You Out Of Trouble
RRP Rule Summary:
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EPA has issued a final rule under the authority of
Section 402(c)(3) of the Toxic Substances Control
Act (TSCA) 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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The rule became the law of the land April 22, 2010
EPA delayed full enforcement to October of 2010.
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For detailed information, forms and local training providers:
http://www.epa.gov/lead/pubs/renovation.htm
Why is Lead a Hazard for Children?
Health Effects:

Children 6 and under can experience serious
neurocognitive decrements with blood lead
concentrations in the range of 5-10 micrograms
per deciliter (μg/dL), and possibly lower.

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A decline of 6.2 points in full scale IQ for an
increase in concurrent blood lead levels from 1 to
10 μg/dL has been estimated.
Why is Lead a Hazard for Children?
Exposure Pathways:
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
Paint that contains lead can pose a health threat
through various routes of exposure.

House dust is the most common pathway through
which children are exposed to lead-based paint.

Children under the age of 6 are at risk for high
exposures to lead-based paint dust via hand-tomouth exposure, or ingestion by mouthing lead-based
painted items such as window sills, doors, flakes etc.
Statutory Authority for EPA to
Regulate “Lead Abatement”

TSCA § 402(a) directs EPA to promulgate regulations covering
lead-based paint activities (inspections, risk assessments, and
abatements) to ensure that:
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–
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
These regulations contain standards for performing lead-based
paint activities, taking into account reliability, effectiveness, and
safety.
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Persons performing these activities are properly trained,
Training programs are accredited, and
Contractors performing these activities are certified.
In 1996, EPA issued final regulations governing lead-based paint
activities in target housing and child-occupied facilities. [40 CFR part
745, subpart L]
Statutory Authority for EPA to Define
What Is, and Is Not, A Lead Hazard

TSCA § 403 directs EPA to promulgate regulations that identify
dangerous levels of lead in paint, dust, and soil.

In 2001, EPA issued final regulations identifying
dangerous levels of lead in paint, dust and soil for target
housing and child-occupied facilities. [40 CFR part 745,
subpart D]
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A dust-lead hazard is surface dust that contains a concentration of lead
equal to or exceeding 40 micrograms per square foot (μg/ft2) on floors,
250μg/ft2 on interior window sills, and 400μg/ft2 in a window trough.
Sampling is done by wipe sampling and laboratory analysis. [§745.65(b)]
Statutory Authority for EPA to
Regulate the Renovation Industry

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TSCA § 402(c)(3) directs EPA to revise the
regulations promulgated under TSCA §
402(a) [the Lead-based Paint Activities
Regulations] to apply to renovation or
remodeling activities that create lead-based
paint hazards.
Statutory Authority for EPA to
Regulate Lead
EPA’s Lead-Hazard Finding:

In the final RRP rule, EPA determines that
renovation, repair, and painting activities
that disturb lead-based paint in target
housing and child-occupied facilities create
lead-based paint hazards.
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Because the evidence shows that all such
activities in the presence of lead-based paint
create dust-lead hazards as defined in 40 CFR
745.65(b).
Supporting Studies –
TSCA § 402(c)(2) Study
Phase I, the Environmental Field Sampling Study:

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Phase II, the Worker Characterization and Blood Lead Study:
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dust-lead hazards were created by the following activities: paint
removal by abrasive sanding, window replacement, HVAC duct
work, demolition of interior plaster walls, and drilling or sawing
into wood or plaster.
statistically significant association between increased blood lead
levels and the number of days spent performing general
renovation activities in pre-1950 buildings in the past month.
Supporting Studies –
TSCA § 402(c)(2) Study
Phase III, the Wisconsin Childhood Blood Lead Study:

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Phase IV, the Worker Characterization and Blood-Lead
Study of R&R Workers Who Specialize in Renovations of Old
or Historic Homes:
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children who live in homes where renovation was performed
within the past year were 30% more likely to have a blood leadlevel that equals or exceeds 10 μg/dL than children living in
homes where no such activity has taken place recently.
persons performing renovations in old or historic buildings are
more likely to have elevated blood-lead levels than persons in
the general population of renovation workers.
Supporting Studies –
The Dust Study
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
EPA’s field study, Characterization of Dust Lead Levels after
Renovation, Repair, and Painting Activities, aka “the Dust
Study,” characterizes dust lead levels resulting from various
renovation, repair, and painting activities (January 2007).

The Dust Study confirmed that renovation, repair, and
painting activities in the presence of lead-based paint create
dust-lead hazards.

The Dust Study also provided confirmation that the control
methods in the final rule are effective in reducing lead
hazards.
Abatements vs. Renovations
Abatements are generally performed in one of
three specific circumstances:
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In response to a child with an elevated blood lead level
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In housing receiving HUD financial assistance
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When state or local laws and regulations require
abatements in situations associated with rental housing.
Abatements are not covered by the RRP rule.
Abatements vs. Renovations
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
Renovations are performed for many
reasons, most having nothing to do with
lead-based paint.

Renovations involve activities designed to
update, maintain, or modify all or part of a
building.

Renovations are covered by this rule.
Rule Scope – Target Housing
Covers renovation, repair and painting activities that
disturb painted surfaces in:

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Target housing; which is any housing built before 1978
except:

housing for the elderly or persons with disabilities (unless a child
who is less than 6 years of age resides or is expected to reside
in such housing); or
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any 0-bedroom dwelling (dormitories, studio apt’s , hotel
rooms, etc.)
Rule Scope – Child Occupied Facility
A child-occupied facility is a building, or a portion of a
building:
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Constructed prior to 1978 and it is;
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Visited regularly by the same child under 6 years of age on
at least two different days within any week (Sunday through
Saturday), provided that each day’s visit lasts at least 3
hours and the combined weekly visits last at least 6 hours,
and the combined annual visits last at least 60 hours.
Child-occupied facilities may be located in public or
commercial buildings or in target housing.
RRP Rule Scope Exclusions
Excludes:

Renovations that affect components that have been tested and
determined to be free of lead-based paint.

Minor repair and maintenance that is defined as work involving:
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6 ft2 or less interior, 20 ft2 exterior (different for HUD though).
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No prohibited practices, window replacement or demolition of
painted surfaces.
Rule originally had ability for Owner to “Opt-Out” but this
has been removed.
Pre-Renovation Education
Final RRP rule adds Pre-renovation Education requirements.
When renovating target housing or a child-occupied facility,
renovation firms must:

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Provide a copy of the Renovate Right pamphlet to the building
owner and an adult representative of the child-occupied facility, if
different.
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Deliver general information about the renovation to parents and
guardians of children under age 6 using the facility by mail, handdelivery or by posting informational signs while the renovation is
ongoing.
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Post signs and make pamphlet available in common areas for
renovations on multi-family target housing.
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http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf
Training & Certification
Requirements
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
Renovations must be performed by certified
renovation firms using certified renovators who
have trained non-certified workers in lead safe
work practices.

To become certified, renovation firms must submit
an application to EPA and pay a fee of $300.

Firm re-certification is required every 5 years.
Training & Certification
Requirements
To become a “certified renovator” or “dust sampling
technician” you take an 8-hour accredited training
course:
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“renovators” are individuals who perform and direct
renovation activities, and
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“dust sampling technicians” are individuals who perform dust
sampling not in connection with an abatement.
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The course completion certificate serves as
certification for these individuals.
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Refresher training is required every 5 years.
OSHA Regulations
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
29 CFR 1926.62 Lead
in Construction
Standard

Kicks in with any
detectable level of lead
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Requires exposure
monitoring be done
whenever “Trigger
Tasks” are performed.
OSHA Regulations
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Three Levels of Trigger Tasks
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Each require PPE and Hygiene
Facilities.

Bodywear (coveralls, Tyvex
etc.), respirators based on
trigger tasks being performed,
gloves and glasses etc. as
might be required by task.

Handwash Station & Showers
if exposures over PEL occur.
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OSHA Trigger Tasks
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Level One: Manual scraping/sanding – power
tooling with vacuum attached power tools.
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Level Two: Power tooling without vacuum
attached power tools, moving containments.
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Half-Face Respirators w/P100 Cartridges
Full-Face Respirators w/P100 Cartridges
Level Three: Welding/cutting, sandblasting
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Supplied Air Respirator
Work Practice Requirements
Work practice requirements for covered renovations in
target housing and child-occupied facilities.
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Post warning signs and work area containment
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Prohibition of certain practices (e.g., high heat gun,
torch, power sanding, and power planing)
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Waste handling and Cleaning requirements
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Post-renovation cleaning verification.
Work Practice Requirements
A certified renovator must perform or direct the
following tasks:
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Posting signs outside the work area to warn
occupants to remain clear of the area.
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Contain the work area so that dust/debris does not
leave it while the work is being performed.
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Covering objects left in the work area, HVAC ducts,
floors etc. with plastic, or other impermeable and
cleanable sheeting.
Work Practice Requirements
Specific cleaning steps (which must be performed or
directed by a certified renovator):
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All paint chips and debris must be picked up.
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Protective sheeting must be misted, folded dirty-side inward,
and disposed of as waste.
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Walls in the work area must be vacuumed with a HEPA
vacuum or wiped with a damp cloth.
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All other surfaces in the work area must be vacuumed with a
HEPA vacuum and wiped with a damp cloth or wet-mopped.
Floors must be wet mopped, using the 2-bucket method or a
wet mopping system.
Work Practice Requirements -Cleaning Verification Procedure
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
A certified renovator must use wet disposable white cleaning
cloths (Swiffers) to wipe windowsills, countertops, and uncarpeted
floors in the work area.
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Cloths must be compared to a cleaning verification card.
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If the cloth matches or is lighter than the card, that surface has
passed the cleaning verification.
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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.
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EPA’s Video on Preparing Work Areas
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Proposed RRP Rule Changes

Regulate Work At Commercial or “NonResidential” Building’s
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Require Dust Wipe Clearance Sampling
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Potential Rule by 2013
For Select Work Practices
Potential Rule July 2011
Conclusion and Summation
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At the end of each day you need to be sure:
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No visible dust or debris is present.
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If the work requires you to leave visible dust and debris,
the area has to be secured so that only workers can
enter it.
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Remember, OSHA doesn’t allow lead to accumulate
either, so only in rare circumstances is this OK.
Thank You for Your Time!
Burt Olhiser, Principal
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(707) 620-0855
[email protected]
www.rrpleadtraining.com