EPA Repair, Renovation, & Painting Rule: An Overview

1. EPA Repair, Renovation, & Painting Rule: An Overview

2. 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 www.afhh.org

3. 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 www.afhh.org

4. 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 www.afhh.org

5. “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 www.afhh.org

6. 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 1940-1959, and only 24% of 1960-1978 housing has lead (lead banned in 1978) • Rental & low-income properties more likely to have hazards www.afhh.org

7. 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 gov’t 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) www.afhh.org

8. Regulating Lead in Housing (II) • HUD’s 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) www.afhh.org

9. 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 www.afhh.org

10. EPA’s 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.” www.afhh.org

11. 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. www.afhh.org

12. 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 ft2 or less per room interior, 20 ft2 exterior. • No exemption for prohibited practices, window replacement, or demolition of painted surfaces • Renovations performed by homeowners in their own homes www.afhh.org

13. Exclusion of Childless Owner-Occupied Units Opt-out provision: • Homeowners may 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. • 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). www.afhh.org

14. 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. www.afhh.org

15. CertificationFirms • 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. www.afhh.org

16. CertificationIndividuals • 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. www.afhh.org

17. 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. www.afhh.org

18. Work Practice StandardsGeneral • 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, andobjects left in the work area must becovered with taped-down protectivesheeting. • 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 www.afhh.org

19. Work Practice StandardsCleaning • 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. www.afhh.org

20. Work Practice StandardsCleaning 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. www.afhh.org

21. 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 firm’s 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 enforcementwill be critical to success of rule www.afhh.org

22. 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 www.afhh.org

23. 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 www.afhh.org

24. 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 www.afhh.org

25. 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 www.afhh.org

26. 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 www.afhh.org

27. 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 www.afhh.org

28. 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 www.afhh.org

29. 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! www.afhh.org

30. www.Healthy Homes Collaborative.org Linda Kite Executive Director 213-689-9170 x 106 617 S. Olive St. Suite 810 Los Angeles, CA 90014 LKite@HealthyHomesCollaborative.org www.afhh.org