EPA’s New Requirements for Residential Contractors April 29, 2010

RRP Final Rule - Overview 2 New Protections from Lead Hazards in the Home On March 31, 2008, EPA issued a Final Rule to address lead hazards created by renovation, repair, and painting activities that disturb lead-based paint. Rule became fully effective April 22, 2010 – 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

RRP Final Rule - Overview 3 Where to Go for Information or LEAD

RRP Final Rule - Overview 4 RRP Website Regulation, Compliance Assistance Guide Training Materials, Fact Sheets Applications and Instructions List of Trainers and Certified Firms FAQ’s, Hotline, Regional Contacts Tips and Complaint

RRP Final Rule - Overview 5 Why is Lead a Hazard? In young children, neurocognitive decrements are associated with blood lead concentrations in the range of 5-10 micrograms per deciliter (μg/dL), and possibly somewhat lower. – 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. House dust is the most common exposure pathway through which children are exposed to lead-based paint hazards. – Younger children, in particular, are at risk for high exposures via hand-to-mouth activity, and may also ingest lead-based paint chips from flaking paint on walls, windows, and doors.

RRP Final Rule - Overview 6 How Widespread is Lead-based Paint in Housing? Approximately 38 million homes may contain lead- based paint. Year House was BuiltPercent of Houses with Lead-based Paint Before Percent Percent Percent All Housing40 Percent

RRP Final Rule - Overview 7 Why Is Renovation A Problem? Renovation activities that disturb lead-based paint create dust and debris. Debris becomes dust. – Lead-contaminated dust is poisonous. Very small amounts of lead-contaminated dust can poison children and adults. – Children swallow dust during ordinary play activities. – Adults swallow or breathe dust during work activities. Workers can bring lead-contaminated dust home and poison their families.

RRP Final Rule - Overview 8 A Little Dust Goes a Long Way... You can’t see it. It’s hard to sweep up. And, it travels. One gram of lead can contaminate several Homes!

RRP Final Rule - Overview 9 Goals of Renovation, Repair and Painting Rule Any disturbance of lead-based paint can create a lead hazard. Design safe, reliable and cost effective work practices that will help renovators safely work in homes with lead-based paint. Train renovators in these techniques. Training and work practice standards are designed to compliment the way contractors already do their job. Design a program that is workable at the state level to encourage program authorization.

RRP Final Rule - Overview 10 Major Provisions Training of Renovators Accreditation of Training Providers Safe and Reliable Work Practice Standards Enforcement Provisions State and Tribal Program Authorization

RRP Final Rule - Overview 11 Rule Scope Covers renovation, repair and painting activities that disturb painted surfaces in: – Most housing constructed before 1978 – Child-occupied facilities Buildings built before 1978 that are frequented by children under age 6. Includes kindergartens and child care centers.

RRP Final Rule - Overview 12 What is a Renovation? A renovation is a modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement. This includes: – Modification or repair of painted surfaces such as doors, surface restoration, window repair, or surface preparation activity (sanding, scraping). – Removal of building components, such as walls, ceilings, plumbing, or windows. – Weatherization projects, such as cutting holes in painted surfaces to install blown-in insulation or to gain access to attics or planing thresholds to install weather-stripping. – Interim controls that disturb painted surfaces, such as paint stabilization. Renovations that convert a building, or part of a building, into target housing or a child-occupied facility are covered.

RRP Final Rule - Overview 13 Exclusions Renovations affecting only components that are free of lead-based paint – Regulation allows renovators to use EPA approved commercial Test Kits to determine of lead-based paint is present before a job begins. Minor repair and maintenance. Emergency Renovations. Renovations performed by homeowners in their own homes.

RRP Final Rule - Overview 14 Minor Repair and Maintenance For the purposes of this rule, renovations do not include minor repair and maintenance activities. Minor repair and maintenance activities are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities. – No prohibited practices. – No window replacements. – No demolition of painted surfaces.

RRP Final Rule - Overview 15 Minor Repair and Maintenance When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days are considered the same job.

RRP Final Rule - Overview 16 Emergency Renovations Emergency renovations are renovation activities that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage. Emergency renovations are exempt from the rule’s requirements to the extent necessary to respond to the emergency. – Not required to provide pamphlet to owner/occupant. – Post-renovation cleaning and cleaning verification must be performed by certified firms and individuals in accordance with the rule requirements.

RRP Final Rule - Overview 17 Rule Scope Homeowners may choose to opt out of the rule’s 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.

RRP Final Rule - Overview 18 Renovator Requirements 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 – Certifications will be good for 5 years. Certification allows the firm to perform renovations in any non-authorized State or Indian Tribal area.

RRP Final Rule - Overview 19 Renovator Requirements To become a certified renovator, an individual must take an 8-hour training course from an accredited training provider. Refresher training is required every 5 years. Other workers do not need certification, they may 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.

RRP Final Rule - Overview 20 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. – HVAC ducts, countertops, floors, and objects left in the work area must be covered with protective sheeting. Prohibited Work Practices: – open-flame burning or torching – machines that remove lead-based paint such as sanding, grinding, or abrasive blasting unless used with HEPA exhaust control – heat guns above 1100 degrees Fahrenheit

RRP Final Rule - 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. – Dispose of paint chips, debris and sheeting as waste.

RRP Final Rule - Overview 22 Work Practice Standards Cleaning Verification Agency has developed a technique that allows the renovator to verify the effectiveness of their cleaning. Wipe windowsills, countertops, and uncarpeted floors in the work area with a wet disposable cleaning cloth. If the cloth appears clean, that surface has passed the cleaning verification. – Agency provides a “verification card” that provides a visual reference of a clean wipe. Dust clearance testing may also be performed.

RRP Final Rule - Overview 23 Training Provider Requirements Accreditation of Training Providers ensures consistency and quality of training. EPA developed Model Training Course – 8 hours, with 2 hours devoted to hands-on training. – Course materials available free on-line Accreditation allows the Trainer to conduct training in any non-authorized State or Indian Tribal area.

RRP Final Rule - Overview 24 Recordkeeping and Enforcement EPA may suspend, revoke, or modify a firm’s certification if firm is found to be in non- compliance. Non-compliant contractors may be liable for civil penalties of up to $37,500 for each violation. Contractors who knowingly or willfully violate this regulation may be subject to fines of up to an additional $37,500 per violation, or imprisonment, or both.

RRP Final Rule - Overview 25 Pre-Renovation Education Existing regulation expanded to cover child-occupied facilities. Requires renovators to provide brochure before work begins. New brochure “Renovate Right” developed for all covered renovations. States and Tribes can seek authorization to administer this rule along with the RRP rule.

RRP Final Rule - Overview 26 State and Tribal Program Authorization States, Territories, and Tribes may obtain authorization to administer and enforce their own RRP programs. EPA will authorize programs that are: – At least as protective as the Federal rule, and – Provide adequate enforcement. Authorized to Date – WI, IA, UT, RI, NC, MS, KS

RRP Final Rule - Overview 27 Where to Go for Information or LEAD