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

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

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

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

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 , and only 24% of housing has lead (lead banned in 1978) Rental & low-income properties more likely to have hazards

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 govt 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)

Regulating Lead in Housing (II) HUDs 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)

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

EPAs 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.

Rule Scope Covers renovation, repair and painting activities that disturb painted surfaces in: –Target housing, which is housing constructed before 1978 except: 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.

RRP Rule Exclusions Excludes: Renovations affecting only components that are free of lead-based paint –Determination by certified inspector/risk assessor or certified renovator using an EPA-approved test kit Minor repair and maintenance: –6 ft 2 or less per room interior, 20 ft 2 exterior. –No exemption for prohibited practices, window replacement, or demolition of painted surfaces Renovations performed by homeowners in their own homes

Exclusion of Childless Owner- Occupied Units Opt-out provision: Homeowners may opt out of the rules 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).

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.

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.

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.

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.

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

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.

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.

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 firms 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

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

Important Dates June 2008: –States and tribes may begin applying for authorization –PRE (406(b)) applies to child-occupied facilities –Some restrictions apply to unaccredited training programs December 2008: –Renovate Right brochure must be used for the PRE April 2009: –EPA begins administering program in unauthorized states –Training providers may begin applying for accreditation October 2009: –Renovation firms may begin applying for certification April 2010: –Renovation firms must be certified –Renovators and dust sampling technicians must be certified –Workers must be trained –Work practices must be followed

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

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

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

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

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

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!

Homes Collaborative.org Linda Kite Executive Director x S. Olive St. Suite 810 Los Angeles, CA