BX ONLINE NEWSLETTER WEEK OF March 9, 2010

US EPA publishes final rule on renovation, repair and painting

by Dianne Grote Adams, MS, CIH, CSP, CPEA

Beginning April 2010, Contractors that perform renovation, repair and painting projects that disturb lead based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.

Specifically, residential contractors working in homes built before 1978 and nonresidential contractors working in schools that were built before 1978 that have preschool and kindergarten activities would be affected.

Excluded

Excluded are lead-based paint abatement projects as well as small projects that disturb two square feet or less of painted surface per component, emergency projects, and renovations affecting components that have been found to be free of lead-based paint.

Also excluded are minor repair and maintenance activities. These activities include minor heating, ventilation or air conditioning work, electrical work, and plumbing that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted. The work must not involve window replacement or demolition of painted surface areas.

Requirement Summary

Notification Requirements
< 60 days prior to renovation

1. Obtain written acknowledgement of receipt of pamphlet
   http://www.epa.gov/opptintr/lead/pubs/renovaterightbrochure.pdf
   http://www.epa.gov/opptintr/lead/pubs/pre-renovationform.pdf

2. Provide information describing the general nature and location of renovation and anticipated completion date.

3. Post pamphlet and information signs re: nature and location of renovation and anticipated completion dates

4. Document above actions and retain for three (3) years

Work Practices

1. Post signs

2. Contain work area

3. Ban prohibited practices

4. Proper waste handling and removal

5. Clean work area

6. Verify adequacy of cleaning

Recordkeeping http://www.epa.gov/opptintr/lead/pubs/samplechecklist.pdf

1. Retain records to demonstrate compliance for three (3) years

2. Pamphlet

3. Certified renovator on project

4. OTJ training for workers

5. Work practices

Firm Certification

1. EPA certification (may take up to 90 days)
   a.  Application http://www.epa.gov/opptintr/lead/pubs/firmapp.pdf

2. Recertification every five (5) years

Firm Responsibilities

1. Certified renovator assigned to each renovation
   http://www.epa.gov/opptintr/lead/pubs/trainingproviders.htm#oha
   a.  Direct workers
   b.  Provide training to workers
   c.  Be on site when signs are posted, containment is established and area is cleaned
   d.  Responsible for ensuring work practices are followed
   e.  Be available on site or by telephone at all times
   f.  Use test kit when requested by customer
   g.  Must have on site copies of training certificates
   h.  Must maintain records

2. Remaining staff trained by the certified renovator

3. Trained dust sampling technician

For more information, please visit: http://www.epa.gov/opptintr/lead/pubs/contractor_brochure.pdf  http://www.epa.gov/opptintr/lead/pubs/sbcomplianceguide.pdf .

Note: the Ohio Department of Health plans to seek approval from the US EPA to enforce the regulation in Ohio. Until then, the US EPA is the enforcing agency.

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