1. Lead-Based Paint Renovation, Repair, and Painting
11/24/2018
Lead-Based Paint Renovation, Repair, and Painting
Requirements for Renovators and Training Providers

2. RRP Final Rule - Overview
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Session Overview
Regulatory Background
Final Rule Requirements
Enforcement
Important dates
11/24/2018
RRP Final Rule - Overview

3. The Renovation, Repair, and Painting Rule (RRP)
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The Renovation, Repair, and Painting Rule (RRP)
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.”
11/24/2018
RRP Final Rule - Overview

4. RRP Final Rule - Overview
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Lead is a Hazard – Why?
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.
11/24/2018
RRP Final Rule - Overview

5. Final Rule (Signed March 2008)
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Final Rule (Signed March 2008)
Purposes:
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.
11/24/2018
RRP Final Rule - Overview

6. RRP Final Rule - Overview
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Rule Scope
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.
11/24/2018
RRP Final Rule - Overview

7. RRP Final Rule - Overview
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Rule Scope
Excludes:
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:
Homeowners may opt out of rule 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.
Homeowners may still request lead-safe work practices.
11/24/2018
RRP Final Rule - Overview

8. Lead-based Paint Free Determination
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Lead-based Paint Free Determination
Written determination by certified inspector or risk assessor, or
Written determination by certified renovator using a lead test kit
Acceptable test kits 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 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.
11/24/2018
RRP Final Rule - Overview

9. Pre-Renovation Education
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Pre-Renovation Education
Changes to the Pre-Renovation Education Rule
Renovations in common areas.
Firms may post informational signs in lieu of delivering information directly to each dwelling.
Before renovating a Child Occupied Facility (COF), renovation firms must:
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:
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
11/24/2018
RRP Final Rule - Overview

10. RRP Final Rule - Overview
11/24/2018
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, 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) 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: Printed Name of Renovator: _
Signature of Renovator _
11/24/2018
RRP Final Rule - Overview

11. Pre-Renovation Education
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Pre-Renovation Education
New brochure “Renovate Right” developed for all covered renovations
As of December 2008, this is the brochure that must be used to comply with the Pre-Renovation Education Rule.
“Protect Your Family” brochure will still be available for other purposes like real estate disclosure and general outreach
11/24/2018
RRP Final Rule - Overview

12. RRP Final Rule - Overview
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Certification Firms
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.
11/24/2018
RRP Final Rule - Overview

13. Certification Individuals
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Certification Individuals
Must take 8-hour accredited training course:
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.
11/24/2018
RRP Final Rule - Overview

14. Certification Individuals
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Certification Individuals
Grandfathering
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:
an accredited abatement worker or supervisor course, or
an EPA, HUD, or EPA/HUD model renovation training course
11/24/2018
RRP Final Rule - Overview

15. Accreditation Training Providers
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Accreditation Training Providers
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.
11/24/2018
RRP Final Rule - Overview

16. Work Practice Standards Firm Responsibilities
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Work Practice Standards Firm Responsibilities
Firms performing renovations must ensure that:
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.
11/24/2018
RRP Final Rule - Overview

17. Work Practice Standards Renovator Responsibilities
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Work Practice Standards Renovator Responsibilities
Perform project cleaning verification, and perform or direct workers who perform all other required tasks.
Provide training to workers on the work practices they will be using in performing their assigned tasks.
Regularly direct work being performed by other individuals to ensure that the work practices are being followed, including:
maintaining the integrity of the containment barriers, and
ensuring that dust or debris does not spread beyond the work area.
11/24/2018
RRP Final Rule - Overview

18. Work Practice Standards Renovator Responsibilities
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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 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.
11/24/2018
RRP Final Rule - Overview

19. Work Practice Standards
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Work Practice Standards
General
Interior
Exterior
Waste
Cleaning
Cleaning Verification
11/24/2018
RRP Final Rule - Overview

20. Cleaning Verification
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Cleaning Verification
Wipe floors, countertops, and windowsills with wet cleaning cloth.
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.
11/24/2018
RRP Final Rule - Overview

21. Recordkeeping Requirements
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Recordkeeping Requirements
All documents must be retained for 3 years following the completion of a renovation.
Records to be retained include:
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
11/24/2018
RRP Final Rule - Overview

22. RRP Final Rule - Overview
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Fees
EPA will charge fees to recover cost of program administration.
Fees will apply to all firm certification and training provider accreditation applications.
Fees will not apply to certified RRP individuals (who do not apply to EPA)
11/24/2018
RRP Final Rule - Overview

23. RRP Final Rule - Overview
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Fees
Renovation Firms
$300 for certification and recertification
Training Providers
$560/$340 for initial courses
$400/$310 for refresher courses
Individuals
No fee
11/24/2018
RRP Final Rule - Overview

24. Enforcement and Penalties
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Enforcement and Penalties
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 criminal penalties of up to an additional $37,500 per violation, or imprisonment, or both.
11/24/2018
RRP Final Rule - Overview

25. Enforcement and Penalties (Cont’d)
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Enforcement and Penalties (Cont’d)
How will EPA Enforce RRP?
Tips/complaints
File Audits
On-site Inspections
Will be a big challenge!
11/24/2018
RRP Final Rule - Overview

26. RRP Final Rule - Overview
11/24/2018
Important Dates
December 22, 2008:
“Renovate Right” brochure must be used for 406(b)
April 22, 2009:
EPA begins administering program in unauthorized states
Training providers may begin applying for accreditation
October 22, 2009:
Renovation firms may begin applying for certification
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
11/24/2018
RRP Final Rule - Overview

27. RRP Final Rule - Overview
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Other Resources
Renovate Right
Small Entity Compliance Guide to Renovate Right
Lead Safety During Renovation
11/24/2018
RRP Final Rule - Overview

28. For More Information: Annie Skidmore (410) 305-2640
11/24/2018
For More Information:
Annie Skidmore
(410)
EPA Website:
Toxics Program Branch
Land and Chemicals Division
US EPA Region III
11/24/2018
RRP Final Rule - Overview