Lead­
Based
Paint
Renovation,
Repair,
and
Painting
Overview
of
Proposed
Rule
February
2006
February
2006
RRP
Proposal
­
Overview
2
Statutory
Authority

For
renovation,
repair
and
painting
activities:


Establish
guidelines
for
the
conduct
of
renovation
(
September
1997).


Study
hazards
from
renovation
tasks
(
January
2000).

 
Revise
the
abatement
regulations
to
apply
to
renovation
activities
that
create
lead
hazards.


For
abatement:


Certify
contractors.


Accredit
training
providers.


Develop
work
practice
standards.


Allow
state
program
authorization.


Final
rule
published
on
August
29,1996.
February
2006
RRP
Proposal
­
Overview
3
Renovation
Study

Typical
renovation
activities
produced
hazardous
quantities
of
lead
dust.


Typical
cleanup
methods
(
broom
and
shop
vacuum)

are
not
effective
at
eliminating
lead
dust
hazards.


There
is
a
relationship
between
renovation
and
elevations
in
children's
blood
lead
levels.
February
2006
RRP
Proposal
­
Overview
4
Proposal
(
Signed
December
29,
2005)


Purpose:

 
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;

and
 
Providers
of
renovation
and
dust
sampling
technician
training
are
accredited.


Comment
Period
Closes
April
10,
2006.
February
2006
RRP
Proposal
­
Overview
5
Applicability

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
all
renovations
of
target
housing
performed
for
compensation,
except:

 
Activities
that
disrupt
less
than
2
ft2
painted
surface;

 
Where
an
inspection
shows
no
lead­
based
paint;

 
Where
a
signed
statement
by
the
owner
occupant
indicates
that
no
child
under
6
lives
in
the
home;
or
 
Where
a
test
kit
used
by
a
certified
renovator
shows
no
leadbased
paint.


Rule
does
not
apply
to
individuals
doing
work
in
housing
that
they
own
and
occupy.
February
2006
RRP
Proposal
­
Overview
6
Effective
Dates

1
year
after
final
rule
 
EPA
begins
accepting
training
provider
accreditation
applications.


18
months
after
final
rule
 
EPA
begins
accepting
firm
certification
applications.


To
allow
time
for
the
development
of
improved
test
kits,

Agency
is
proposing
to
phase
in
requirements
of
rule:

 
Phase
1
­
2
years
after
final
rule:
applicable
in
target
housing
built
1960­
1978
where
a
child
under
6
with
an
EBL
resides,
rental
target
housing
built
before
1960,
and
owner­
occupied
target
housing
built
before
1960
where
a
child
under
6
resides.

 
Phase
2
­
3
years
after
final
rule:
requirements
applicable
in
all
rental
target
housing
and
all
owner­
occupied
target
housing
where
a
child
under
6
resides.
February
2006
RRP
Proposal
­
Overview
7
Test
Kits

EPA
to
determine
"
acceptable
test
kit
"
under
TSCA
section
405.


Acceptable
test
kit
will
have
to
meet
the
following
criteria:

 
Phase
1:


Be
capable
of
determining
the
presence
of
lead
at
levels
>/=
1.0
mg/
cm2
or
>
0.5%
by
weight;
and

Should
have
no
more
than
5%
false
negative
results.

 
Phase
2:


Criteria
above;
and

Should
have
no
more
than
10%
false
positive
results.


Requesting
comment
on
how
to
conduct
recognition
process.
February
2006
RRP
Proposal
­
Overview
8
Certification
Firms

Firms
must
pay
a
fee
(
to
be
determined
in
a
later
rule)
and
apply
for
certification
to
perform
renovations
or
dust
sampling.


Certifications
are
good
for
3
years.


Certification
allows
the
firm
to
perform
renovations
in
any
non­
authorized
state
or
Indian
tribal
area.
February
2006
RRP
Proposal
­
Overview
9
Certification
Renovators

To
become
a
certified
renovator
a
person
must
successfully
complete
a
training
course
offered
by
a
training
provider
accredited
by
EPA
or
by
an
authorized
state
or
tribal
program.


Course
completion
certificate
serves
as
proof
of
certification.


Training
providers
to
notify
EPA
of
names
of
trained
renovators.


Certification
allows
the
renovator
to
perform
renovations
in
any
non­
authorized
state
or
Indian
tribal
area.
February
2006
RRP
Proposal
­
Overview
10
Certification
Renovators

To
maintain
certification,
refresher
course
must
be
taken
within
3
years
of
the
initial
course.
If
the
refresher
course
is
not
taken
within
this
time,
the
initial
course
must
be
re­
taken.


Persons
who
have
a
valid
abatement
supervisor
or
worker
certification
issued
by
EPA
or
by
an
authorized
state
or
tribe
are
also
deemed
to
be
certified
renovators.
February
2006
RRP
Proposal
­
Overview
11
Certification
Dust
Sampling
Technician

Proposal
also
contains
provisions
for
the
training
and
certification
of
dust
sampling
technicians.


Can
take
dust
wipe
samples
for
laboratory
analysis.
February
2006
RRP
Proposal
­
Overview
12
Accredited
Training

Renovator
and
dust
sampling
technician
training
must
be
conducted
by
accredited
training
providers.


Accreditation
procedures
are
the
same
as
for
abatement
training.


Course
must
last
a
minimum
of
8
hours,
with
2
hours
devoted
to
hands­
on
training.


EPA
will
update
model
course
upon
publication
of
final
rule.
February
2006
RRP
Proposal
­
Overview
13
Training
Course
Outline

Role
and
responsibility
of
a
renovator.


Background
information
on
lead
and
its
adverse
health
effects.


Federal,
state,
and
local
regulations
and
guidance.


Procedures
for
using
acceptable
test
kits.


Renovation
methods
to
minimize
the
creation
of
dust
and
lead
based
paint
hazards.


Interior
and
exterior
containment
and
cleanup
methods.


Methods
to
ensure
that
the
renovation
has
been
properly
completed,
including
clean­
up
verification,
and
clearance
testing.


Waste
handling
and
disposal.
February
2006
RRP
Proposal
­
Overview
14
Work
Practice
Standards
Firm
Responsibilities

Firm
is
responsible
for
defining
work
area.


All
persons
performing
dust
sampling
are
certified
as
either
risk
assessors,
inspectors,
or
dust
sampling
technicians.


A
certified
renovator
is
assigned
to
each
job.


All
renovations
are
performed
in
accordance
with
the
work
practice
standards.


All
persons
performing
renovation
are
either
certified
renovators
or
have
been
trained
by
a
certified
renovator.
February
2006
RRP
Proposal
­
Overview
15
Work
Practice
Standards
Renovator
Responsibilities

Ensure
compliance
with
the
work
practice
standards.


Perform
post­
renovation
cleaning
verification.


Perform
or
direct
uncertified
workers
who
perform
all
other
job
set
up
and
cleaning
tasks.


Provide
training
to
uncertified
workers
in
lead­
safe
work
practices.
February
2006
RRP
Proposal
­
Overview
16
Work
Practice
Standards
Renovator
Responsibilities

Be
physically
present
at
the
work
site:

 
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
acceptable
test
kit
to
determine
the
presence
of
lead­
based
paint.


Carry
copies
of
their
initial
course
completion
certificate
and
most
recent
refresher
course
completion
certificate.
February
2006
RRP
Proposal
­
Overview
17
Work
Practice
Standards
General

Post
signs
defining
the
work
area.


Isolate
the
work
area
so
that
no
visible
dust
or
debris
can
leave
the
work
area.
February
2006
RRP
Proposal
­
Overview
18
Work
Practice
Standards
Interiors

Remove
or
cover
all
objects
from
the
work
area.


Close
and
cover
all
ducts
in
the
work
area.


Close
or
cover
all
windows
and
doors
in
the
work
area.


Cover
the
floor
surface
of
the
work
area
with
plastic
sheeting.


Ensure
that
all
personnel,
tools,
and
other
items
including
waste
are
free
of
dust
and
debris
when
leaving
the
work
area.
February
2006
RRP
Proposal
­
Overview
19
Work
Practice
Standards
Exteriors

Close
all
doors
and
windows
within
20
feet
of
the
renovation.


Cover
the
ground
with
plastic
sheeting
extending
out
from
the
edge
of
the
structure
a
sufficient
distance
to
collect
falling
paint
debris.
February
2006
RRP
Proposal
­
Overview
20
Work
Practice
Standards
Waste

During
renovation
waste
must
be
contained
to
prevent
releases
of
dust
and
debris.


At
the
end
of
each
work
day
and
at
the
end
of
the
job,
waste
must
be
contained
or
enclosed
to
prevent
release
of
dust
and
debris
and
prevent
access.


When
the
firm
transports
waste
it
must
be
contained
to
prevent
releases
of
dust
and
debris.
February
2006
RRP
Proposal
­
Overview
21
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.
February
2006
RRP
Proposal
­
Overview
22
Work
Practice
Standards
Cleaning

Clean
all
objects
and
surfaces
in
and
around
the
work
area.

 
Clean
walls
with
a
HEPA­
equipped
vacuum
or
with
a
damp
cloth.

 
Vacuum
all
remaining
surfaces
and
objects
in
the
work
area,
including
furniture
and
fixtures,
with
a
HEPAequipped
vacuum.

 
Wipe
all
remaining
surfaces
and
objects
in
the
work
area
with
a
damp
cloth.

 
Mop
uncarpeted
floors.
February
2006
RRP
Proposal
­
Overview
23
Cleaning
Verification

The
Agency
has
developed
a
unique
method
for
post
renovation
cleaning
verification.


Must
be
conducted
by
certified
renovator.


Relies
on
the
use
of
Wet
and
Dry
Disposable
Cleaning
Cloths.


Cloths
are
to
compared
to
a
Cleaning
Verification
Card
developed
by
Agency.


Data
shows
that
this
approach
provides
reliable
information
on
the
removal
of
lead
hazards.


Laboratory
dust
sampling
may
alternatively
be
used
to
verify
cleaning.
February
2006
RRP
Proposal
­
Overview
24
Cleaning
Verification
Windowsills

Wipe
the
windowsill
with
wet
cleaning
cloth.


If
the
cloth
does
not
match
the
verification
card,

reclean
that
windowsill
and
then
re­
wipe
with
a
wet
cleaning
cloth.


If
this
cloth
does
not
match
the
cleaning
verification
card,
re­
clean
that
windowsill
again,
then
wipe
with
a
dry
cleaning
cloth
until
it
matches
the
verification
card.
February
2006
RRP
Proposal
­
Overview
25
Cleaning
Verification
Floors

Wipe
uncarpeted
floors
within
the
work
area
with
a
wet
cleaning
cloth.

 
Use
one
cloth
for
each
40ft2
section
of
floor.


If
the
cloth
used
to
wipe
a
floor
section
does
not
match
the
verification
card,
re­
clean
that
section,

and
then
re­
wipe
with
a
wet
cleaning
cloth.


If
that
cloth
does
not
match
the
verification
card,

reclean
that
section
and
then
wipe
with
a
dry
cleaning
cloth
until
it
matches
the
verification
card.
Verification
Card
February
2006
RRP
Proposal
­
Overview
27
Recordkeeping
Requirements

Firms
must
retain
documentation
necessary
to
demonstrate
compliance
with
rule
for
3
years
following
a
renovation.


Copy
of
the
certified
renovator's
training
certificate.


A
signed
and
dated
form
that
describes:

 
Worker
training,

 
Sign
posting,

 
Work
area
containment,

 
Waste
handling,

 
Cleaning,
and.

 
Post­
renovation
cleaning
verification.
February
2006
RRP
Proposal
­
Overview
28
Recordkeeping
Requirements

Agency
has
developed
a
sample
checklist
that
will
assist
firms
in
complying
with
this
requirement.


Rule
also
proposes
to
amend
the
406(
b)

acknowledgement
form
to
solicit
information
on
whether
there
is
a
child
under
6
or
a
child
with
an
EBL
living
in
the
unit
to
be
renovated.
February
2006
RRP
Proposal
­
Overview
29
Program
Authorization

States,
tribes
and
territories
may
apply
for
program
authorization
60
days
after
final
rule.


Not
required
to
have
an
authorized
abatement
program
in
order
to
seek
renovation
authorization.


Not
required
to
seek
renovation
authorization
to
retain
an
existing
abatement
program
authorization.


EPA
can
make
grants
to
assist
in
the
development
and
administration
of
renovation
programs.


EPA
proposes
to
begin
implementation
of
a
federal
program
in
all
non­
authorized
states,
territories
and
tribal
areas
1
year
after
final
rule.
February
2006
RRP
Proposal
­
Overview
30
How
to
Comment

Submit
your
comments,
identified
by
Docket
ID
number
EPA 
HQ 
OPPT 
2005 
0049
 
Federal
eRulemaking
Portal:
www.
regulations.
gov.
Follow
the
on­
line
instructions
for
submitting
comments.

 
Mail:
Document
Control
Office
(
7407M),
Office
of
Pollution
Prevention
and
Toxics
(
OPPT),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001.

 
By
Hand:
OPPT
Document
Control
Office
(
DCO),
EPA
East
Bldg.,
Rm.
6428,
1201
Constitution
Ave.,
NW.,

Washington,
DC.
February
2006
RRP
Proposal
­
Overview
31
How
to
Comment

Explain
why
you
agree
or
disagree;
suggest
alternatives
and
substitute
language
for
your
requested
changes.


Describe
any
assumptions
and
provide
any
technical
information
and/
or
data
that
you
used.


If
you
estimate
potential
costs
or
burdens,
explain
how
you
arrived
at
your
estimate
in
sufficient
detail
to
allow
for
it
to
be
reproduced.


Provide
specific
examples
to
illustrate
your
concerns,
and
suggest
alternatives.


Explain
your
views
as
clearly
as
possible.


Make
sure
to
submit
your
comments
by
April
10,
2006.
February
2006
RRP
Proposal
­
Overview
32
Questions?


Mike
Wilson
U.
S.
EPA,
OPPT
(
7404T)

1200
Pennsylvania
Ave.,
NW
Washington,
DC
20460 
0001.


Phone:
(
202)
566 
0521.


email:
wilson.
mike@
epa.
gov.
