Transcript Slide 1

Lead-Based Paint
Renovation, Repair, and Painting
Requirements for
Renovators and Training
Providers
Session Overview
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Regulatory Background
Final Rule Requirements
Enforcement
Important dates
7/21/2015
RRP Final Rule - Overview
The Renovation, Repair,
and Painting Rule (RRP)
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EPA issued a final rule under the authority of
§ 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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RRP Final Rule - Overview
Lead is a Hazard – Why?
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Affects brain, CNS, and many other systems in body.
Leaded dust is often invisible.
Exposure through ingestion or inhalation.
Can cause permanent damage.
Signs and symptoms often go unnoticed.
2008 data show that the EBLLs in a significant
percentage of young children were related to
renovation activities.
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RRP Final Rule - Overview
Final Rule (Signed March 2008)
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Purposes:
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Persons performing renovations and dust sampling are
properly trained;
Renovators, dust sampling technicians and firms
performing these renovations are certified;
Lead-safe work practices are followed during renovations;
Providers of renovation and dust sampling technician
training are accredited; and
Amend Pre-renovation Education Rule to include child
occupied facilities.
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RRP Final Rule - Overview
Rule Scope
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Renovation is defined as modification of any
existing structure that results in the disturbance of
painted surfaces, unless performed as part of an
abatement.
Applies to renovations of target housing and child
occupied facilities performed for compensation.
Child-occupied facilities may be located in public
or commercial buildings or in target housing.
Includes kindergarten classrooms and daycare
facilities.
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RRP Final Rule - Overview
Rule Scope
Excludes:
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Renovations that affect only components that have been
determined to be free of lead-based paint.
Minor repair and maintenance activities that disturb no more
than 6 ft2 interior or 20 ft2 exterior UNLESS these activities
involve window replacement, demolition or projects involving
prohibited practices.
Work done by individuals in housing they own and occupy.
Opt-out provision:
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Homeowners may opt out of rule requirements if:
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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.
Homeowners may still request lead-safe work practices.
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RRP Final Rule - Overview
Lead-based Paint Free
Determination
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Written determination by certified inspector or risk assessor, or
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Written determination by certified renovator using a lead test kit
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Acceptable test kits will have to meet the following criteria:
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Phase 1: Be capable of determining the presence of lead at levels >/=
1.0 mg/cm2 or > 0.5% by weight; and a false negative rate no higher than
5%.
Phase 2: Criteria above; and a false positive rate no higher than 10%.
EPA has published a list of kits evaluated by that National Institute
of Standards and Technology (NIS) as meeting Phase 1 criteria.
Phase 1 kits will only be used until the first Phase 2 kit is approved.
New kits meeting phase 2 criteria are under development. New kits
will be evaluated and approved by EPA’s ETV program.
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RRP Final Rule - Overview
Pre-Renovation Education
Changes to the Pre-Renovation Education Rule
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Renovations in common areas.
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Before renovating a Child Occupied Facility (COF), renovation firms
must:
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Firms may post informational signs in lieu of delivering information directly to
each dwelling.
Provide “Renovate Right” to building owner and adult representative of COF
Provide information about the renovation to parents & guardians of children
under age 6 using facility by mail, hand-delivery or informational signs.
Informational signs must:
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Be posted where they will be seen
Describe nature, locations, and dates of renovation
Be accompanied by “Renovate Right” or by info on how tenants or
parents & guardians can get a free copy
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RRP Final Rule - Overview
Informational Sign
For example:
The following renovation activities will take place in the following locations:
Activity - Window replacement
Location: 2nd floor foyer
The expected starting date is May 1, 2009 and the expected ending date is May 8,
2009. Because this is an older building built before 1978, some of the paint
disturbed during the renovation may contain lead. You may obtain a copy of
the pamphlet, Renovate Right, by telephoning me at (215) 555-1987. Please
leave a message and be sure to include you name, phone number and
address. I will either mail you a pamphlet or slide one under your door.
Date:
Signature of Renovator
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Printed Name of Renovator:
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RRP Final Rule - Overview
Pre-Renovation Education
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New brochure “Renovate Right”
developed for all covered renovations
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As of December 2008, this is the
brochure that must be used to comply
with the Pre-Renovation Education
Rule.
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“Protect Your Family” brochure will still
be available for other purposes like
real estate disclosure and general
outreach
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RRP Final Rule - Overview
Certification
Firms
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To be certified to perform renovation or dust
sampling firms must submit an application
and fee to EPA.
Certifications are good for 5 years.
Certification allows the firm to perform
renovations in any State where EPA
regulations are in effect.
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RRP Final Rule - Overview
Certification
Individuals
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Must take 8-hour accredited training course:
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Certified Renovators - perform & direct renovation activities
Dust sampling technicians - perform dust sampling not for an
abatement
Course certificate serves as certification (no application to
EPA required)
Refresher training is required every 5 years
Other workers do not need certification
Certification allows the renovator to perform renovations in
any State where EPA regulations are in effect.
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RRP Final Rule - Overview
Certification
Individuals
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Grandfathering
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Individuals with certain previous training can take
an accredited 4 hour refresher renovator course
instead of the 8 hour initial course to become a
certified renovator.
Acceptable training includes:
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an accredited abatement worker or supervisor course, or
an EPA, HUD, or EPA/HUD model renovation training
course
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RRP Final Rule - Overview
Accreditation
Training Providers
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To be accredited to provide renovator or dust sampling technician
training, trainers must submit an application and fee to EPA (fee to be
determined)
Trainers must be re-accredited every 4 years.
Accreditation procedures are the same as those established for
abatement training.
Courses must last a minimum of 8 hours, with 2 hours devoted to
hands-on training.
EPA has developed model renovator initial and refresher courses and
the model initial dust sampling technician course.
Training providers must notify EPA of individuals who complete
training.
Accreditation allows the trainer to conduct training in any State where
EPA regulations are in effect.
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RRP Final Rule - Overview
Work Practice Standards
Firm Responsibilities
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Firms performing renovations must ensure that:
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All individuals performing renovation activities are either
certified renovators or have been trained by a certified
renovator.
A certified renovator is assigned to each renovation and
performs all of the certified renovator responsibilities.
All renovations performed by the firm are performed in
accordance with the lead-safe work practice standards.
The firm supplies lead hazard information pamphlets to
owners/managers/occupants of the home or building to be
renovated prior to starting the work.
The rule’s recordkeeping requirements are met.
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RRP Final Rule - Overview
Work Practice Standards
Renovator Responsibilities
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Perform project cleaning verification, and perform or direct
workers who perform all other required tasks.
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Provide training to workers on the work practices they will be
using in performing their assigned tasks.
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Regularly direct work being performed by other individuals to
ensure that the work practices are being followed, including:
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maintaining the integrity of the containment barriers, and
ensuring that dust or debris does not spread beyond the work
area.
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RRP Final Rule - Overview
Work Practice Standards
Renovator Responsibilities
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Be physically present at the work site:
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When warning signs are posted.
While containment is being established.
While the work area cleaning is performed.
Be available, either on-site or by telephone, at all times that
renovations are being conducted.
When requested, use an EPA-approved test kit to determine if
lead-based paint is present.
Carry copies of their initial course completion certificate and
most recent refresher course completion certificate.
Must prepare required records.
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Work Practice Standards
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General
Interior
Exterior
Waste
Cleaning
Cleaning Verification
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RRP Final Rule - Overview
Cleaning Verification
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Wipe floors, countertops, and windowsills with wet cleaning cloth.
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Use one cloth for each 40ft2 section of floor or countertop surface.
If the cloth does not match the verification card, re-clean 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.
Dust clearance sampling may be performed instead of cleaning
verification if the contract between the building owner and the
renovation firm or another Federal, State, or local regulation requires
dust sampling by a certified professional and requires the renovation
firm to clean the work area until it passes clearance.
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RRP Final Rule - Overview
Recordkeeping Requirements
All documents must be retained for 3 years
following the completion of a renovation.
Records to be retained include:
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Reports certifying that lead-based paint is not
present
Records required by the Pre-renovation
Education Rule
Any signed and dated statements received
from owner-occupants documenting that the
requirements do not apply (i.e., no child under
age 6, no pregnant woman, no child occupied
facility)
Documentation of compliance with the
requirements of Renovation, Repair, and
Painting Rule
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RRP Final Rule - Overview
Fees
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EPA will charge fees to recover
cost of program administration.
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Fees will apply to all firm
certification and training provider
accreditation applications.
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Fees will not apply to certified
RRP individuals (who do not
apply to EPA)
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RRP Final Rule - Overview
Fees
Renovation Firms
 $300 for certification and
recertification
Training Providers
 $560/$340 for initial courses
 $400/$310 for refresher courses
Individuals
 No fee
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RRP Final Rule - Overview
Enforcement and Penalties
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EPA may suspend, revoke, or modify
a firm’s certification if firm is found to
be in non-compliance.
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Non-compliant contractors may be
liable for civil penalties of up to
$37,500 for each violation.
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Contractors who knowingly or
willfully violate this regulation may be
subject to criminal penalties of up to
an additional $37,500 per violation,
or imprisonment, or both.
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RRP Final Rule - Overview
Enforcement and Penalties
(Cont’d)
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How will EPA Enforce RRP?
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Tips/complaints
File Audits
On-site Inspections
Will be a big challenge!
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RRP Final Rule - Overview
Important Dates
December 22, 2008:
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April 22, 2009:
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EPA begins administering program in unauthorized states
Training providers may begin applying for accreditation
October 22, 2009:
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Renovation firms may begin applying for certification
April 22, 2010:
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“Renovate Right” brochure must be used for 406(b)
Training providers must be accredited
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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RRP Final Rule - Overview
Other Resources
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Renovate Right
Small Entity Compliance
Guide to Renovate Right
Lead Safety During
Renovation
7/21/2015
RRP Final Rule - Overview
For More Information:
Annie Skidmore
(410) 305-2640
[email protected]
EPA Website: www.epa.gov/lead
Toxics Program Branch
Land and Chemicals Division
US EPA Region III
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RRP Final Rule - Overview