Poisonings from Housing
e o at o s Co
Containing
ta
g Lead
ead Paint:
a t
Renovations
A Regulatory Update
Delaware Healthy Homes Summit
March 12, 2014
Presented by: Demian P. Ellis, USEPA Region 3
What will be covered
• Overview of Renovation, Repair, and Painting
(RRP) Rule Requirements
• RRP Enforcement/Compliance Assistance
• State Authorization
BACKGROUND
Approximately 34 Million Homes in the U.S. Contain Lead
OVERVIEW
Renovation Studies (2000)
• Typical renovation activities that
disturb
d
s u b lead-based
ead based pa
paint p
produce
oduce
hazardous quantities of lead dust.
clean up methods (broom
• Typical clean-up
and shop vacuum) do not eliminate
lead dust hazards.
• There is a relationship between
renovations and elevations in
children’s
children
s blood lead levels
levels.
OVERVIEW
The Renovation, Repair, and Painting Rule: What is it?
•On March 31
31, 2008
2008, EPA issued a final rule under the
authority of §402(c)(3) of the Toxic Substances Control
Act (TSCA) to addressed lead-based paint hazards
created
t d by
b renovation,
ti
repair,
i and
d painting
i ti activities
ti iti
that disturb lead-based paint.
•Renovation Definition
Applies in target housing and child-occupied
child occupied facilities
•Applies
•Is a delegable program
OVERVIEW
Where doesn’t the RRP Rule Apply?
Excludes:
•
Renovations that affect only components determined to be
free of lead-based paint.
•
Activities
A
ti iti th
thatt disturb
di t b lless th
than or equall tto 6 ft2 interior
i t i or
20 ft2 exterior (this excludes window replacement,
demolition, and projects involving prohibited practices).
•
Work done by individuals in housing they own and occupy.
RRP REQUIREMENTS
What does RRP require?
Firms performing maintenance, repairs or renovations
that disturb Lead Based Paint (LBP) in homes or Child
Occupied Facilities (COFs) built before 1978 must:
• Have their firm certified by EPA
y EPA• Use certified renovators who are trained by
approved training providers
• Follow lead-safe work practices
• Distribute information
• Keep records
FIRM CERTIFICATION
Have their firm certified by EPA
Contractors performing renovations
that disturb paint must be EPA certified.
RRP
FIRM CERTIFICATION
Contractors performing renovations
that disturb paint must be EPA certified.
FIRM CERTIFICATION
CERTIFICATION - ACCREDITATION
Certification of Firms
If you or your employees conduct renovation or repair activities in a pre1978 residential building or child
child-occupied
occupied facility:
STEP 1: Submit an application and fee to EPA
STEP 2: Make sure your employees are trained in Lead
Lead-Safe
Safe Work Practices
Practices.
STEP 3: Once you receive your EPA Lead-Safe Firm Certification in the mail
and logo instructions in your e-mail, update any desired outreach materials.
RRP Final Rule - Overview
10
RENOVATOR TRAINING
•Renvoators must receive certification through
training by taking an 8-hour
8 hour course.
•Once
Once training completed,
completed renovator certified for
5 years.
ON-THE-JOB TRAINING
Workers must receive on-the-job training
from a certified Renovator
Renovator.
RRP
RRP
RRP
RRP
RRP
RRP
ON-THE-JOB TRAINING
Non-Certified Worker Training
• Worker’s name.
• Description of lead safe work practices the
worker is trained to perform.
• Completed and signed skills evaluation
checklists.
• Date(s) of training.
• Name and signature of the Certified
Renovator who conducted the training.
NOTIFICATION
Renovators must provide building owners and
occupants
p
p
pre-renovation notification.
Renovations in common areas
≤ 60 days before renovation
◦
FIRM gives owner pamphlet and gets written
acknowledgement OR gets certificate of
mailing 7 days >start
AND FIRM Notifies each affected unit


Written notice to each unit OR post informational signs
Post pamphlet (or how to obtain a copy)
FIRM prepares written statement describing steps taken
Notify
ot y if revisions
e s o s to scope, location
ocat o a
and/or
d/o dates
RENOVATOR
RESPONSIBILITIES
•
•
Perform or direct work to ensure the work practices are
followed.
Be physically present at the work site:
– Wh
When warning
i signs
i
are posted,
t d while
hil containment
t i
t is
i
established, and during final work area cleaning.
– Be available, either on-site or by telephone, at all other times.
•
•
•
•
Provide on the job training to uncertified workers
workers.
When requested, use a test kit to determine if LBP is not
present.
Perform cleaning verification.
Prepare required records.
Safe Work Practices
General
Work Practice Standards
•
Post signs defining the work area
area.
•
Ensure that all personnel, tools, and
other items including
g waste are free of
dust and debris when leaving the work
area.
•
Waste must be sealed in bags or
plastic sheeting. Dispose of waste in
accordance with Federal, State, and
Local requirements.
Safe Work Practices
Prohibitive
Work Practice Standards
Prohibited work practices
Open flame burning or torching of
lead-based paint
Using heat gun >1100 oF
Using machines without HEPA
attachment (sanding, grinding,
power planning, needle gun,
abrasive blasting,
blasting or sandblasting)
Safe Work Practices
Interior
Work Practice Standards
• Remove or cover all objects from the work area.
• Close
Cl
and
d cover allll ducts
d t in
i th
the work
k area.
• Close all windows, and cover all doors in the work
area.
• Cover the floor surface of the work area with plastic
sheeting.
Safe Work Practices
Exterior
Work Practice Standards
• Close all doors and windows within 20 feet of the
renovation.
• Cover the ground with plastic sheeting extending
out from the edge of the structure a sufficient
distance to collect falling paint debris.
Safe Work Practices
Exterior - Vertical Containment
Work Practice Standards
• Vertical barrier of plastic
sheeting over a rigid frame.
• Required for exterior jobs
close to property lines.
• Can be used to minimize floor
or ground contamination.
Safe Work Practices
Exterior –Ground
Ground Cover
Work Practice Standards
•
Cover the ground with protective
sheeting.
– If space permits, extend a minimum of
10 feet from the work area.
– Pay
P special
i l attention
tt ti
and
d cover
nearby vegetable gardens and
children's play areas.
•
Limit access, place signs.
– Establish a 20 foot perimeter around
the work area if space permits.
•
Erect a vertical containment.
– Vertical containment must be erected
if renovations occur within 10 feet of
the property line
Safe Work Practices
Cleaning
Work Practice Standards
• Pick up paint chips and debris.
• Remove all protective sheeting.
sheeting
• Clean all objects and surfaces in and around the
work area.
– Clean walls with a HEPA-equipped
vacuum or with a damp cloth.
– HEPA vacuum all remaining surfaces
and
d objects
bj t in
i th
the work
k area.
– Wipe all remaining surfaces in the
work area with a damp cloth.
– Mop uncarpeted floors
floors.
Safe Work Practices
Cleaning Verification
Work Practice Standards
• Wipe floors, countertops, and windowsills with wet
cleaning
g cloth.
• If the cloth does not match the verification card, reclean that surface and then re-wipe with a wet
cleaning cloth
cloth.
• If this cloth does not match the cleaning verification
card, allow the surface to dry completely and wipe
with a dry cleaning cloth
cloth.
23
Safe Work Practices
Disposal
Work Practice Standards
• Wh
Whatt should
h ld I d
do with
ith my waste?
t ?
• At the work site:
– Place waste in heavy duty plastic bag
bag.
– “Gooseneck seal” the bag.
– HEPA vacuum the exterior of the waste
bag before removing it from the work area.
– Store waste in a secure area.
– Carefully dispose of waste in accordance
with Federal, State and Local regulations.
– Always check local waste requirements
RECORD KEEPING
Record Keeping
•
•
•
To have records available at the work site of:
– Certifications for the Certified Firm and Certified
Renovators.
To retain all records for at least 3 years after completion of the
renovation.
To keep records of:
– Training and certifications for all renovation personnel, and
for certification of the firm.
– Distribution of required information.
– Communications with and certifications from owners and
residents.
– Work activities in compliance to the Rule.
– Post-renovation reports.
ENFORCEMENT
EPA may suspend, revoke, or modify a firm’s
certification if firm is found to be in non
noncompliance.
Non-compliant contractors may be subject to
civil and criminal penalties up to $37,500 per
day for each violation
violation, imprisonment
imprisonment, or both
both.
ENFORCEMENT
Typical procedure for a case
First, a tip/complaint comes into the Region:
•Hotline
•Phone call
•E-mail
Tip is entered into Report A Violation (RAV) system
Please use www.epa.gov/tips
ENFORCEMENT
Typical procedure for a case
Tip is forwarded through the RAV system to an
inspector, then:
Inspector contacts the tipster.
Gathers as much information as possible (including declaration)
Schedules and performs the inspections
Creates case file
ENFORCEMENT
Typical procedure for a case
Case file is forwarded to a compliance officer
Compliance officer reviews case and prepares case
recommendation
•Closeout
•Notice of Noncompliance
•Show Cause for CAFO
•Administrative
Ad i i t ti Penalty
P
lt O
Order
d
Tiering
ENFORCEMENT
Types of Inspections
•Office/Record Inspections
•Worksite/Work Practice Inspections
ENFORCEMENT
Office/Record Inspections
Typically involve:
•Contacting contractor to arrange for an office visit
•Obtaining consent on-site to do the inspection
g and collecting
g a sampling
p g of contracts to determine level of
•Reviewing
compliance with the Rule
ENFORCEMENT
Worksite Inspections
Triggered by tip/complaint or drive-bys and usually involve:
Taking pictures
Could be interior or exterior work
Attempting
p g to talk to owner or workers
Can not enter property without owner permission
Returning to office
Attempting to contact property owner to perform
f
inspection
Go back out for inspection
Then, perform office inspection of contractor
ENFORCEMENT
Worksite Inspections –
Problems Encountered
Finding work sites
Tips/complaints
from disgruntled employees or rival contractors
from home owner who is not satisfied with the work done –
trying to get refund, etc
Contacting permitting offices
Working with local inspectors
On-line
On
line databases
ENFORCEMENT
Worksite Inspections –
Problems Encountered
(continued)
Turnaround time for getting into field
Contacting homeowner
Homeowners are sometimes reluctant
Logistics (drive-bys)
Return to office to obtain permission to do the inspection
ENFORCEMENT
Enforcement
FY-13 Region 3 Inspection Numbers
31
1018
Training Provider
3
74
RRP
ENFORCEMENT
Known Regulated RRP Community Region 3
as of October-November 2013
•Number of EPA-Accredited Trainers: 610
•Region 3 Trainers: 73
•Delaware EPA
EPA-Accredited
Accredited Trainers: 2
•Number
Number of EPA Certified Firms: ~113,000
113,000
•Region 3 Firms: ~15,000
•EPA-certified firms in Delaware: ~300
ENFORCEMENT
Common Violations
Failure to Obtain Firm Certification. The United States alleges that
Company X violated the Renovation, Repair, and Painting Rule by failing
to obtain firm certification from EPA prior to performing
performing, or offering to
perform, renovation activities in housing constructed prior to 1978.


Failure to Establish and Maintain Records. The Unites States alleges
that Company
Compan X violated
iolated the Reno
Renovation,
ation Repair
Repair, and Painting R
Rule
le b
by
failing to establish and maintain records certifying that a certified
renovator was assigned to the project, provided on-the-job training to
individuals used on the p
project,
j
and directed these individuals
performing the renovation to comply with the work practice standards
required by the RRP rule.
ENFORCEMENT
Common Violations

Failure to Document Delivery of the Lead Hazard Information
Pamphlet to the Property Owner
Owner. The United States alleges that
Company X violated the Renovation, Repair, and Painting Rule by failing to
document that it provided a copy of the “Renovate Right” pamphlet to the
propertyy owner prior to commencing
g renovation activities

Failure to Ensure All Individuals Performing the Renovation
Were Certified or Trained. The United States alleges that Company
X violated the Renovation, Repair, and Painting Rule by failing to
ensure that all of the individuals performing the renovation were
certified by EPA or had been trained by a certified renovator.
ENFORCEMENT
Common Violations
Failure to Comply with Work Practice Standards. The United States alleges
that Company
p y X violated the Renovation,, Repair,
p , and Painting
g Rule by:
y
(1) failing to post signs clearly defining the work area and warning occupants and
other persons not involved in renovation activities to remain outside of the work
area;
(2) failing to using prohibit the use of machines designed to remove paint or other
surface coatings through high speed operation such as sanding, grinding, power
planing, needle gun, abrasive blasting, or sandblasting without HEPA vacuum
attachments, and;
(3) failing to contain waste from renovation activities to prevent releases of dust
and debris before the waste is removed from the work area for storage or
disposal.
ENFORCEMENT
EPA Tips and Complaints.
7
6
10
9
8
58
5
188
105
116
150
1
136
456
605
150
4
2
298
3
2268 TIPS & COMPLAINTS NATIONALLY BY REGION
4/1/2010 - 3/30/13
COMPLIANCE ASSISTANCE
Increase consumer demand for trained and certified
renovator services
• Print Ads
– Placed
Pl
d in
i 488 magazines
i
• Radio Mailers (English &
Spanish)
– 1740 (English) & 432 (Spanish)
airings in Dec’10 & Jan ‘11
• Web Banners
• Flyers
– Home Depot Distribution
44
Focus outreach to contractors not already
certified
• Print Ads (Full, ½ & ¼)
• Buck
B k Sli
Slips
• Post Cards
– Distribution to the
Regions
• Web Banners (3 sizes)
• Flyers (English &
Spanish)
– Home Depot distribution
• Articles (Long, Med & Short)
• Tri-fold brochure
• Updated Renovate Right
45
•Trainers
T i
•Trade Organizations
•Property Managers
•Building
g Code Officials
•Industrial Hygienists
•Contractors
Contractors
epa.gov/lead
Information Resources
Test Kits
RRP Final Rule - Overview
48
S
State
and
d Tribal
T ib l Program
P
Authorization
A h i i
•RRP
RRP is a delegable program.
•Programs must be at least “as protective as”
EPA requirements,
requirements and have “adequate
adequate
enforcement.”
•Reciprocity will be encouraged.
•13 States are authorized
Demian P. Ellis
Regional Lead Coordinator
g
3
USEPA Region
[email protected]
215-814-2088
www.epa.gov/lead
National Lead Hot Line
1-800-424-5323 (LEAD)