Good Practice and Regulatory Compliance in Lead Paint Removal from Commercial and Residential Structures

1. Good Practice and Regulatory Compliance in Lead Paint Removal from Commercial and Residential Structures October 6, 2010 Webinar Sponsored by Dumond Chemicals & Dustless Technologies

2. Webinar Overview • EPA’s Remodeling Renovation and Painting Rule (RRP) Regulations • Regulations Stem From Lead Hazards to Children not Adults • Statutory Authority for EPA to Regulate the Renovation Industry • Studies Supporting The Need To Regulate • Abatement vs. Renovation Defined • The RRP Rule’s Scope – Target Housing & Child Occupied Facilities • Pre-Renovation Education Requirements • Training and Certification Requirements • OSHA’s Lead In Construction Regulations • Work Practices That Satisfy Both and Should Keep You Out Of Trouble

3. RRP Rule Summary: • EPA has issued a final rule under the authority of Section 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.” • The rule became the law of the land April 22, 2010 EPA delayed full enforcement to October of 2010. • For detailed information, forms and local training providers: http://www.epa.gov/lead/pubs/renovation.htm

4. Why is Lead a Hazard for Children? Health Effects: • Children 6 and under can experience serious neurocognitive decrements with blood lead concentrations in the range of 5-10 micrograms per deciliter (μg/dL), and possibly 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.

5. Why is Lead a Hazard for Children? Exposure Pathways: • Paint that contains lead can pose a health threat through various routes of exposure. • House dust is the most common pathway through which children are exposed to lead-based paint. • Children under the age of 6 are at risk for high exposures to lead-based paint dust via hand-to-mouth exposure, or ingestion by mouthing lead-based painted items such as window sills, doors, flakes etc.

6. Statutory Authority for EPA to Regulate “Lead Abatement” • TSCA § 402(a) directs EPA to promulgate regulations covering lead-based paint activities (inspections, risk assessments, and abatements) to ensure that: • Persons performing these activities are properly trained, • Training programs are accredited, and • Contractors performing these activities are certified. • These regulations contain standards for performing lead-based paint activities, taking into account reliability, effectiveness, and safety. • In 1996, EPA issued final regulations governing lead-based paint activities in target housing and child-occupied facilities. [40 CFR part 745, subpart L]

7. Statutory Authority for EPA to Define What Is, and Is Not, A Lead Hazard • TSCA § 403 directs EPA to promulgate regulations that identify dangerous levels of lead in paint, dust, and soil. • In 2001, EPA issued final regulations identifying dangerous levels of lead in paint, dust and soil for target housing and child-occupied facilities. [40 CFR part 745, subpart D] • A dust-lead hazard is surface dust that contains a concentration of lead equal to or exceeding 40 micrograms per square foot (μg/ft2) on floors, 250μg/ft2 on interior window sills, and 400μg/ft2 in a window trough. Sampling is done by wipe sampling and laboratory analysis. [§745.65(b)]

8. Statutory Authority for EPA to Regulate the Renovation Industry • TSCA § 402(c)(3) directs EPA to revise the regulations promulgated under TSCA § 402(a) [the Lead-based Paint Activities Regulations] to apply to renovation or remodeling activities that create lead-based paint hazards.

9. Statutory Authority for EPA to Regulate Lead EPA’s Lead-Hazard Finding: • In the final RRP rule, EPA determines that renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities create lead-based paint hazards. • Because the evidence shows that all such activities in the presence of lead-based paint create dust-lead hazards as defined in 40 CFR 745.65(b).

10. Supporting Studies –TSCA § 402(c)(2) Study • Phase I, the Environmental Field Sampling Study: • dust-lead hazards were created by the following activities: paint removal by abrasive sanding, window replacement, HVAC duct work, demolition of interior plaster walls, and drilling or sawing into wood or plaster. • Phase II, the Worker Characterization and Blood Lead Study: • statistically significant association between increased blood lead levels and the number of days spent performing general renovation activities in pre-1950 buildings in the past month.

11. Supporting Studies –TSCA § 402(c)(2) Study • Phase III, the Wisconsin Childhood Blood Lead Study: • children who live in homes where renovation was performed within the past year were 30% more likely to have a blood lead-level that equals or exceeds 10 μg/dL than children living in homes where no such activity has taken place recently. • Phase IV, the Worker Characterization and Blood-Lead Study of R&R Workers Who Specialize in Renovations of Old or Historic Homes: • persons performing renovations in old or historic buildings are more likely to have elevated blood-lead levels than persons in the general population of renovation workers.

12. Supporting Studies –The Dust Study • EPA’s field study, Characterization of Dust Lead Levels after Renovation, Repair, and Painting Activities, aka “the Dust Study,” characterizes dust lead levels resulting from various renovation, repair, and painting activities (January 2007). • The Dust Study confirmed that renovation, repair, and painting activities in the presence of lead-based paint create dust-lead hazards. • The Dust Study also provided confirmation that the control methods in the final rule are effective in reducing lead hazards.

13. Abatements vs. Renovations • Abatements are generally performed in one of three specific circumstances: • In response to a child with an elevated blood lead level • In housing receiving HUD financial assistance • When state or local laws and regulations require abatements in situations associated with rental housing. • Abatements are not covered by the RRP rule.

14. Abatements vs. Renovations • Renovations are performed for many reasons, most having nothing to do with lead-based paint. • Renovations involve activities designed to update, maintain, or modify all or part of a building. • Renovations are covered by this rule.

15. Rule Scope – Target Housing • Covers renovation, repair and painting activities that disturb painted surfaces in: • Target housing; which is any housing built before 1978 except: • housing for the elderly or persons with disabilities (unless a child who is less than 6 years of age resides or is expected to reside in such housing); or • any 0-bedroom dwelling (dormitories, studio apt’s , hotel rooms, etc.)

16. Rule Scope – Child Occupied Facility • A child-occupied facility is a building, or a portion of a building: • Constructed prior to 1978 and it is; • Visited regularly by the same child under 6 years of age on at least two different days within any week (Sunday through Saturday), provided that each day’s visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. • Child-occupied facilities may be located in public or commercial buildings or in target housing.

17. RRP Rule Scope Exclusions Excludes: • Renovations that affect components that have been tested and determined to be free of lead-based paint. • Minor repair and maintenance that is defined as work involving: • 6 ft2 or less interior, 20 ft2exterior (different for HUD though). • No prohibited practices, window replacement or demolition of painted surfaces. • Rule originally had ability for Owner to “Opt-Out” but this has been removed.

18. Pre-Renovation Education • Final RRP rule adds Pre-renovation Education requirements. When renovating target housing or a child-occupied facility, renovation firms must: • Provide a copy of the Renovate Right pamphlet to the building owner and an adult representative of the child-occupied facility, if different. • Deliver general information about the renovation to parents and guardians of children under age 6 using the facility by mail, hand-delivery or by posting informational signs while the renovation is ongoing. • Post signs and make pamphlet available in common areas for renovations on multi-family target housing.

19. http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf

20. Training & Certification Requirements • Renovations must be performed by certified renovation firms using certified renovators who have trained non-certified workers in lead safe work practices. • To become certified, renovation firms must submit an application to EPA and pay a fee of $300. • Firm re-certification is required every 5 years.

21. Training & Certification Requirements • To become a “certified renovator” or “dust sampling technician” you take an 8-hour accredited training course: • “renovators” are individuals who perform and direct renovation activities, and • “dust sampling technicians” are individuals who perform dust sampling not in connection with an abatement. • The course completion certificate serves as certification for these individuals. • Refresher training is required every 5 years.

22. OSHA Regulations • 29 CFR 1926.62 Lead in Construction Standard • Kicks in with any detectable level of lead • Requires exposure monitoring be done whenever “Trigger Tasks” are performed.

23. OSHA Regulations • Three Levels of Trigger Tasks • Each require PPE and Hygiene Facilities. • Bodywear (coveralls, Tyvex etc.), respirators based on trigger tasks being performed, gloves and glasses etc. as might be required by task. • Handwash Station & Showers if exposures over PEL occur.

24. OSHA Trigger Tasks • Level One: Manual scraping/sanding – power tooling with vacuum attached power tools. • Half-Face Respirators w/P100 Cartridges • Level Two: Power tooling without vacuum attached power tools, moving containments. • Full-Face Respirators w/P100 Cartridges • Level Three: Welding/cutting, sandblasting • Supplied Air Respirator

25. Work Practice Requirements • Work practice requirements for covered renovations in target housing and child-occupied facilities. • Post warning signs and work area containment • Prohibition of certain practices (e.g., high heat gun, torch, power sanding, and power planing) • Waste handling and Cleaning requirements • Post-renovation cleaning verification.

26. Work Practice Requirements • A certified renovator must perform or direct the following tasks: • Posting signs outside the work area to warn occupants to remain clear of the area. • Contain the work area so that dust/debris does not leave it while the work is being performed. • Covering objects left in the work area, HVAC ducts, floors etc. with plastic, or other impermeable and cleanable sheeting.

27. Work Practice Requirements • Specific cleaning steps (which must be performed or directed by a certified renovator): • All paint chips and debris must be picked up. • Protective sheeting must be misted, folded dirty-side inward, and disposed of as waste. • Walls in the work area must be vacuumed with a HEPA vacuum or wiped with a damp cloth. • All other surfaces in the work area must be vacuumed with a HEPA vacuum and wiped with a damp cloth or wet-mopped. Floors must be wet mopped, using the 2-bucket method or a wet mopping system.

28. Work Practice Requirements -- Cleaning Verification Procedure • A certified renovator must use wet disposable white cleaning cloths (Swiffers) to wipe windowsills, countertops, and uncarpeted floors in the work area. • 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.

30. EPA’s Video on Preparing Work Areas

31. Proposed RRP Rule Changes • Regulate Work At Commercial or “Non-Residential” Building’s • Potential Rule by 2013 • Require Dust Wipe Clearance Sampling • For Select Work Practices • Potential Rule July 2011

32. Conclusion and Summation • At the end of each day you need to be sure: • No visible dust or debris is present. • If the work requires you to leave visible dust and debris, the area has to be secured so that only workers can enter it. • Remember, OSHA doesn’t allow lead to accumulate either, so only in rare circumstances is this OK.

33. Thank You for Your Time! Burt Olhiser, Principal (707) 620-0855 burt.olhiser@comcast.net www.rrpleadtraining.com