EPA's Lead-Safe Rules - Update
"In the case of an emergency situation (water
damage, fire, etc.) there are a few exemptions from
some of the rules"
In April 2010 the EPA Renovation, Repair, and Painting
Rules (RRP) went into effect regarding renovation, repair
and restoration in homes and other structures that might
contain lead paint. Since that date, there have been
several lawsuits filed by environmental and consumer
groups. Those suits have resulted and encouraged a number
of significant changes to the program. Since the RRP
program impacts so many homes and other structures in
virtually every community in the United States, this
411 will review some of these important changes.
Background: Lead based paint (LBP) is a recognized
health hazard and was banned for residential use in
1978. The EPA and HUD estimate that about 83 percent
of homes built in the U.S. prior to 1978 may still contain
LBP. The RRP program was developed as a result of a
lawsuit filed in 2000 and is designed to ensure safety
whenever renovation or repairs (to include restoration
following damage from water or fire, etc.) are done
on such structures.
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Changes:
• A delay in enforcement was announced. HOWEVER, the
delay only applied to confirmation of firm certification!
The EPA has been literally “flooded” by applications
and simply could not keep up with the volume. If a firm
can substantiate that
the required Renovator training was completed (with
a Training Certificate) and the fact they had submitted
an application, then enforcement of that provision would
be delayed until as late as the end of 2010. All other
parts of the RRP Rule remain in full effect (no delay),
including: required work practices, recordkeeping, provision
of educational materials to occupants/owners, personal
protective equipment, etc., and citations will be written
for any violations of those provisions.
• On every RRP-related job in a qualifying home (1978
or earlier), the business looking to do work is required
to provide a “Renovate Right” brochure to the owner
(and occupant, if appropriate). This brochure gives
a wealth of information regarding LBP including potential
health concerns and how to arrange for testing to be
done to specifically determine the LBP hazards in a
particular structure. The EPA has revised the brochure
that has to be provided. The EPA has a specific form
that has to be signed, confirming that the brochure
was provided, and they now require much more aggressive
methods by Contractors to ensure the information gets
into the hands of occupants of rental units. In case
someone is interested, he/she can view (and print) this
educational brochure by typing the following into your
internet browser:
www.epa.gov/lead/pubs/renovaterightbrochure.pdf
• When the program was implemented (April 2010), a
building owner who established that the building was
NOT “child-occupied,” could “opt-out” of the program
by signing a required form. Several environmental and
consumer groups immediately brought suit claiming this
flew in the face of the “obvious” intent of the regulation.
The courts agreed
and there is no longer any sort of “opt-out” provision.
Every home or other structure built in 1978 or before
is included in the RRP program. the National Association
of Home Builders estimates that this change will increase
the number of homes
covered by the lead rules from about 9.4 million to
about 79 million!
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• In many cases, a Contractor could be working in HUD
housing. The EPA RRP rules are not the same as HUD rules
and the differences are often considerable. The HUD
rules apply to any facility supported by federal money,
including stimulus funds such as tax credits for energy
efficiency. Obviously, it is important for a Contractor
to
know which rules apply and to comply with those rules.
• The EPA has only approved one field test kit for
lead that is available to the public – LeadCheck®. However,
it has now placed a substantial limitation on the use
of LeadCheck® on plaster and drywall surfaces. This
means that Contractors must be knowledgeable regarding
the limitations and the best way to proceed in such
settings.
• The EPA RRP rules require the use of a respirator
when dealing with lead paint without any hint or reference
to the fact that whenever respirators are used, the
occupational Safety and Health Administration (OSHA)
requires that the business have a written respiratory
protection program, medical evaluations, fit testing,
and more.
• States continue to apply for control of the RRP program
at the state level. As the EPA approves these requests,
the control and administration of the program will move
to those individual states, which will then be free
to modify the rules governing the program in their state.
Obviously, Contractors need to be aware of this situation
and the distinct possibility that the requirements will
change if/once the state(s) in which they work take
control; especially since some states will have additional
or stricter requirements than the EPA.
The EPA Renovation, Repair, and Painting Rules is a
giant step forward regarding safety related to working
with surfaces that may have lead paint on them. There
remains, however, significant confusion in the marketplace
on exactly what the requirements are, and how to implement
them. This means that it is more important than ever
before to recommend a Contractor whom is known for thoroughness
and professionalism, a company such as PuroClean.
Regardless of the circumstances — dealing with lead
paint and the RRP rules, or with fire/smoke damage,
water damage, or mold remediation — call PuroClean Home
Rescue, the Paramedics of Property Damage™. For all
property damage situations, our professionals are standing
by. They will mitigate the loss to prevent further damage
and will then provide restoration services to return
the property to a pre-loss condition as quickly as possible.
All PuroClean offices have well-trained professional
technicians who provide the latest state-of-the-science
services to all property damaged from water, fire, smoke,
mold, and other disasters.
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