Renovation,
Repair,
and
Painting
Proposal
Points
to
Consider
EPA
welcomes
comments
on
all
aspects
of
the
Lead;
Renovation,
Repair,
and
Painting
Program;
Proposed
Rule
[
Federal
Register
(
71
FR
1588,
January
10,
2006)].
To
assist
in
preparation
for
providing
comment
EPA
prepared
this
document
to
highlight
issues
from
the
proposal
where
the
Agency
asked
for
specific
input.

!
Renovation
Study.
The
following
questions
relate
to
the
study,
Lead
Exposure
Associated
with
Renovation
and
Remodeling
Activities,
conducted
by
EPA
to
determine
whether
renovation
activities
disturbing
lead­
based
paint
create
lead
hazards.

"
Do
you
support
the
conclusions
of
EPA's
renovation
studies
 
that
renovation
activities
can
create
significant
amounts
of
leaded
dust
that
can
pose
hazards
to
the
occupants,
and
that
there
is
a
link
between
renovation
activities
and
an
increased
risk
of
elevated
blood
lead
levels
in
children?

"
Are
you
aware
of
peer­
reviewed
studies
or
data
that
EPA
has
not
considered
that
assess
lead
exposure
resulting
from
renovation
activities?

!
Applicability.
These
questions
seek
input
on
issues
related
to
the
applicability
of
the
rule
­­
how
it
is
determined
which
renovation
activities
will
be
subject
to
the
requirements
of
the
rule.

"
Should
EPA
phase
in
the
applicability
of
this
proposal
 
applying
it
initially
to
rental
and
owner­
occupied
housing
built
before
1960
and
later
to
homes
built
through
1977
 
to
allow
time
for
the
development
of
improved
kits
that
identify
lead­
based
paint?

"
Should
EPA
wait
to
finalize
the
proposed
second
phase
of
this
regulation
until
new
paint
test
kits
are
commercially
available?

"
Are
there
practical
alternatives
for
a
firm
to
confirm
that
no
child
under
6
resides
in
a
home
when
the
firm
is
unable
to
obtain
a
signed
statement
from
the
homeowner?

"
Should
firms
be
able
to
assume
that
no
child
under
age
6
resides
in
owner­
occupied
housing?

"
Should
this
proposal
apply
to
rental
housing
only
where
children
under
age
6
reside?

"
In
owner­
occupied
housing,
should
EPA
exclude
homes
where
children
under
6
do
not
reside?

"
In
owner­
occupied
multi­
unit
buildings,
should
the
requirements
of
the
proposal
apply
to
all
renovations
conducted
in
the
common
areas,
as
well
as
renovations
of
the
building's
exterior,
regardless
of
whether
a
child
under
6
resides
in
affected
units?

"
Should
this
proposal
apply
only
to
older
homes,
like
those
built
prior
to
1960,
where
there
is
an
increased
likelihood
that
lead­
based
paint
is
present?

"
Do
you
support
the
conclusion,
or
are
you
aware
of
data
to
the
contrary,
that
there
is
a
greater
likelihood
of
disturbing
lead­
based
paint
in
a
home
built
before
1960
than
in
a
home
built
after
that
date?
How
should
these
facts
affect
the
proposed
regulatory
requirements?

"
Should
certain
activities,
like
exterior
siding
projects,
HVAC
duct
work,
wallpaper
removal,
and
exterior
soil
disruption,
be
excluded
from
this
proposal?
Are
you
aware
of
lead
loading
data
that
would
support
their
exclusion
or
inclusion?

"
Should
any
category
of
specialty
contractor
be
excluded
from
this
proposal?
If
so,
are
you
aware
of
data
that
would
support
such
an
exclusion?
"
Should
a
time
limit
be
placed
on
the
exemption
for
projects
where
a
lead­
poisoned
child
residing
in
the
home
has
been
identified?

"
In
owner­
occupied
housing,
should
the
proposal
apply
where
an
expectant
mother
resides?

"
Is
the
proposed
minor
maintenance
exemption
of
2
ft2
for
building
interiors
and
20
ft2
for
exteriors
an
appropriate
surrogate
for
routine
building
maintenance
activities?
If
not,
do
you
have
data
regarding
the
number
of
renovations
that
would
be
affected
by
a
change
in
the
minor
maintenance
exception
and
any
data
that
would
support
a
change
in
this
exception?

"
Should
the
decision
whether
to
employ
the
lead­
safe
work
practices
described
in
this
proposal
be
the
homeowner's?
In
other
words,
should
a
homeowner
be
allowed
to
choose
whether
or
not
the
firm
they
hire
employs
lead­
safe
work
practices
during
a
renovation
in
their
home?

!
Training.
EPA
is
seeking
input
regarding
the
proposed
requirements
for
the
training
of
renovators
and
dust
sampling
technicians.

"
Are
all
of
the
topics
that
should
be
covered
in
the
renovator
and
dust
sampling
technician
courses
included
in
the
proposal,
and
should
hands­
on
activities
be
required?

"
Are
the
specified
training
hour
requirements
for
the
initial
and
refresher
courses
necessary,
and
if
so,
are
the
hours
specified
appropriate?

"
Should
renovators
and
sampling
technicians
be
required
to
obtain
refresher
training,
and
if
so,
is
3
years
an
appropriate
interval
for
refresher
training?

"
Should
EPA
have
a
streamlined
certification
process
for
renovators
and
sampling
technicians
having
previously
received
training?

!
Work
practices.
The
following
questions
relate
to
the
proposal's
work
practices
requirements.
The
work
practices
are
intended
to
protect
occupants
from
lead
hazards
resulting
from
the
disturbance
of
lead­
based
paint
during
a
renovation
project.

"
Are
you
aware
of
studies
showing
the
effectiveness
of
the
proposed
work
practices
standards
individually
or
in
combination?

"
Are
there
any
situations
where
some
or
all
of
these
proposed
lead­
safe
work
practices
are
not
necessary
(
for
example,
if
a
home
is
not
occupied
during
the
renovation
process)?

"
Are
you
aware
of
studies
demonstrating
that
non­
HEPA­
equipped
vacuums
are
as
efficient
at
capturing
the
smallest
lead
particles
as
HEPA­
equipped
vacuums?

"
Should
EPA
consider
the
use
of
vacuums
other
than
HEPA­
equipped
vacuums,
given
that
OSHA
requires
their
use
(
29
CFR
1926.62(
h)(
4))?

"
Should
some
work
practices,
like
open
flame
burning
and
machine
sanding
of
painted
surfaces,
be
prohibited?
If
so,
should
these
practices
be
prohibited
for
both
interior
and
exterior
renovations?

"
Does
requiring
a
certified
renovator
to
be
present
at
the
work
site,
or
immediately
available
by
phone,
provide
firms
with
needed
flexibility
without
decreasing
the
protection
provided
by
this
proposal?

"
Should
EPA
require
firms
to
notify
the
Agency
prior
to
conducting
all
or
some
subset
of
renovation
activities,
and
if
so,
should
such
requirements
be
phased
in
over
time
to
evaluate
their
effectiveness
and
feasibility?

"
Are
the
standards
proposed
for
lead­
based
paint
chemical
test
kits
achievable
and
sufficiently
protective?
Also,
is
the
proposed
validation
process
appropriate
or
do
you
have
suggestions
on
how
to
conduct
the
kit
recognition
process?
"
How
should
EPA
ensure
that
this
workforce
understands
how
to
use
test
kits
to
test
for
lead­
based
paint?

"
How
should
EPA
ensure
that
this
workforce
understands
how
to
perform
the
postrenovation
cleaning
verification?

"
Is
cleaning
verification
necessary
given
the
proposed
cleaning
requirements?

"
Do
you
support
the
conclusions
of
the
disposable
cleaning
cloth
study,
and/
or
do
you
have
comments
on
the
study
itself?

"
Should
the
proposed
cleaning
verification
be
performed
by
an
individual
not
involved
in
the
renovation
activity?

"
Are
you
aware
of
other
methods
to
ensure
that
leaded
dust
and
debris
created
by
renovations
are
adequately
cleaned?

!
Record
keeping.
The
following
question
relates
to
the
record
keeping
requirements
described
in
the
proposal.

"
Are
the
record
keeping
requirements
adequate
to
demonstrate
compliance
with
the
proposal,
and
is
the
sample
record
keeping
form
useful
and
practical?

!
Program
authorization.
This
program
is
delegable,
meaning
States,
Territories,
and
Tribes
will
have
the
opportunity
to
seek
authorization
to
run
the
program
themselves.
These
questions
refer
to
that
authorization
process.

"
Following
promulgation
of
a
final
rule,
is
one
year
enough
time
for
States,
Territories,
and
Indian
Tribes
to
develop
renovation
programs
and
get
them
authorized?

"
What
can
EPA
do
to
prevent
the
need
for
both
Federal
and
State
certification/
accreditation
when
a
jurisdiction
is
working
toward,
but
unable
to
complete,
the
authorization
process
in
one
year?

"
Is
the
one
year
implementation
delay
of
this
rule
necessary
considering
EPA
certification
and
accreditation
would
be
valid
in
any
jurisdiction
that
does
not
have
an
authorized
program?

!
Abatement.
The
following
question
refers
to
the
interrelation
between
the
Agency's
existing
training
and
certification
program
for
abatement
contractors
and
the
proposed
renovation
requirements.

"
Should
cleaning
verification
be
permitted,
in
lieu
of
clearance
testing,
following
abatement
activities?
Also,
are
there
other
changes
that
should
be
considered
to
the
abatement
regulations?

!
General
"
Would
this
proposal
cause
homeowners
to
defer
maintenance
or
perform
some
renovation
projects
themselves
rather
than
hire
a
professional
due
to
increased
costs
associated
with
the
rule?

!
Economic
analysis.
To
further
improve
the
analysis
for
the
final
rule,
the
Agency
is
also
specifically
interested
in
comments
and
supporting
information
on
the
following
questions
related
to
assumptions
used
in
the
Agency's
analysis:

"
To
what
extent
do
renovators/
contractors
already
conduct
any
of
the
individual
activities
described
in
the
proposed
rule?

"
To
what
extent
is
the
whole
house
or
rooms
adjacent
to
the
work
area
contaminated
by
typical
renovation,
repair,
or
painting
activities?

"
Under
what
circumstances
do
renovators/
contractors
clean
the
whole
house
or
adjacent
rooms
during
or
after
renovation,
repair,
or
painting
activities?
"
Under
what
circumstances
do
homeowners
or
rental
management
firms
clean
the
work
area
or
adjacent
rooms
during
or
after
renovation,
repair,
or
painting
activities?

"
To
what
extent
do
renovators/
contractors
or
homeowners
already
use
vacuums
equipped
with
HEPA
filters
to
clean
up
debris
created
during
renovation,
repair,
or
painting
activities?

"
Under
what
circumstances
do
renovators/
contractors
use
plastic
sheets
or
other
methods
to
isolate
and
collect
dust
and
debris,
during
or
after
renovation,
repair,
or
painting
activities?

"
If
dust
or
debris
is
generated
in
preparing
the
surfaces,
to
what
extent
do
renovators/
contractors
or
building
owners
clean
up
the
dust
or
debris
before
painting?

"
EPA's
economic
analysis
only
looks
at
ingestion
exposures
after
the
renovation,
repair,
or
painting
event
is
completed
and
the
contractor
has
left.
To
what
extent
should
the
analysis
reflect
any
exposures
to
owners
or
occupants
(
both
inhalation
and
ingestion)
during
the
renovation,
repair,
or
painting
event?

"
How
many
days
does
a
typical
renovation,
repair,
or
painting
event
last?
How
many
days
during
the
renovation,
repair,
or
painting
event
is
dust
created?
How
often
and
how
thoroughly
is
cleaning
performed
during
or
after
the
renovation,
repair,
or
painting
event?

"
To
what
extent
should
the
analysis
of
adult
exposures
consider
average
dust
loading
on
surfaces
as
compared
to
the
typically
higher
dust
loadings
resulting
from
renovation,
repair,
or
painting
events?

"
How
do
cleaning
efficiencies
of
different
cleaning
methods
(
sweeping,
regular
vacuum,
HEPA
vacuum)
vary
with
the
dust
loading
level?

"
How
do
lead
dust
loading
levels
vary
by
the
age
of
the
home
and
by
home
component
type
(
e.
g.,
indoor
trim
versus
outdoor
trim)?
