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John Lapotaire, CIEC Microshield

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Lead RRP Rules Enforcement has been delayed by EPA.

07-21-10
John Lapotaire, CIEC Microshield

July 6, 2010 - On June 18, EPA announced delay of enforcement of new Lead Renovation, Repair and Painting (RRP) regulations that had been put into effect on April 22. Until October 1, EPA will not take enforcement action for violations of RRP Rule's firm certification requirement. Concerning violations of RRP Rule's renovation worker certification requirement, EPA will not enforce against individual renovation workers if the person has applied to enroll in, or has enrolled in certified renovator class.

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Senate Looks to Delay EPA Lead RRP Violations

07-21-10
John Lapotaire, CIEC Microshield

The U.S. Senate is trying to provide some relief to contractors facing compliance of the Environmental Protection Agency's Lead: Renovation, Repair, and Paint Rule (RRP).

Legislation sponsored by Sen. Susan Collins (R-Maine) will temporarily block fines that require certification to remove lead paint in homes and certain facilities built prior to 1978. The proposal was attached to a supplemental funding bill and approved by a 60-37 vote on May 27.

The amendment prohibits the EPA from using funds in the bill to levy fines against contractors under its new lead paint abatement rule through September 30. The bill is now in the hands of the House of Representatives.

The RRP Rule, which went into effect on April 22, requires contractors to be EPA certified when working in homes built before 1978, or face fines up to $37,500 per violation per day.

"I support the EPA lead paint abatement rule. There simply is no question that we must continue our efforts to rid lead-based paint from our homes, Collins said in a press release following the vote. "But the EPA has botched the implementation of this rule."

"The problem is there still aren't enough EPA-certified trainers in place to certify contractors," Collins added. "As a result, contractors face devastating fines. The intent of my amendment is to give small contractors and construction professionals more time to comply with the new rule."

The amendment is supported by the National Federation of Independent Businesses, the National Association of Homebuilders, the Window and Door Manufacturer Association, and the National Lumber, and Building Material Dealers Association

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The New Lead RRP Rule

07-21-10
John Lapotaire, CIEC Microshield

Lead paint clearance testing and abatement is becoming an increasingly important topic for remodelers as government requirements to control the hazard intensify. On April 22, 2010, federal law will require that contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, childcare facilities and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.

"The Lead RRP rule comes into effect anytime 6 sq. ft. of a painted surface will be disturbed inside or outside a home," says Ada Duffy, CR, CLC, spokesperson for Milwaukee Lead/Asbestos Information Center, Inc. "When that criterion is met, it will be required that one person per crew be a certified renovator to handle the lead paint cleanup properly. In addition, that certified renovator has to work for a certified firm."

Currently the one-day Lead Safe Work certification program is administered through the EPA. States will also be able to carry out the program as they apply for the state to do so. Beyond being certified, the responsibilities of certified remodelers include the following.

* Training the entire crew on proper removal practices
* To be present and to facilitate the posting of appropriate signage
* Hand out the informational pamphlet no more that 60 days before the renovation work and obtain written acknowledgement that the occupant has received it
* To ensure that proper containment aids are being set up
* Make certain that lead safe work practices are implemented
* To be present on-site at all times during cleanup
* Perform the cleaning verification at the end of the process
* Keep accurate records of the entire process

If performing interior renovations, it is important to remove all objects from the work area. Any objects that can't be removed should be appropriately covered with plastic. All duct openings in the work area should also be closed and covered. Plastic sheeting should be used to shield all doors, windows and floor surface including carpet. Precautions should also be taken to ensure all personnel, tools and other items are free of dust before leaving the work area.

When carrying out an exterior project, all doors and windows within 20 ft. of the renovation should be closed. Doors that will be used within the work zone while the job is being performed require plastic sheeting. To avoid contamination, plastic sheeting needs to cover the ground in the area being worked on and extend 10 ft. from the zone.

The main focus at the end of the job is to make sure that everything was cleaned up adequately. That means eliminating the dust that was possibly created. During cleanup all paint chips and debris must be collected, all protective sheeting should be removed, and a HEPA vacuum with a beater bar attachment is required for carpeted floors. Waste must be contained to prevent releases of dust and debris during and after the cleanup.

Additionally, for interior cleanup, all objects in the work area and within 2 ft. of the work area must be cleaned. For walls, cleaning should start at the ceiling working down using a HEPA vacuum or wiping with a damp cloth.

Remaining surfaces should be cleaned thoroughly with a HEPA vacuum or damp cloth as well. During the cleaning verification process, windowsills, the floor and countertops are all areas that will have to be inspected before the project can be reopened.

"Rather than looking at this as an inconvenience from more regulation, it's actually going to result in the safety of workers and homeowners and perhaps a better sales tool for remodelers," explains Duffy. "Homeowners may be more inclined to hire a qualified remodeler rather than someone who doesn't work lead safe. This could result in more projects for remodelers who are certified as homeowners decide not to take on the task themselves."

Until this rule goes into effect, the EPA recommends anyone performing renovation, repair and painting projects that could disturb lead-based paint in pre-1978 homes, childcare facilities and schools follow lead-safe work practices. The contractor should follow these three simple procedures: Contain the work area, minimize dust and clean up thoroughly.

For additional information on this new rule and all Lead Safe removal practices please visit these sites:

Information on the EPA Lead program: www.epa.gov/lead
Information on the Lead Safe rule: www.epa.gov/lead/pubs/renovation.htm
Application information on certifying a firm: www.epa/gov/lead/pubs/toolkits.htm
To locate certified training firms: www.epa.gov/lead/pubs/trainingproviders.htm

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The Renovation, Repair and Painting Rule

07-21-10
John Lapotaire, CIEC Microshield

Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.

On April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. Until that time, HUD and EPA recommend that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.

There are some differences between the EPA RRP Rule and the HUD Lead Safe Housing Rule (LSHR). A major difference is that the LSHR requires clearance examinations. All housing receiving federal assistance must still comply with the LSHR. OHHLHC provides Information on complying with the LSHR and RRP, and Frequently-asked Questions from Grantees. Additional information for renovators is available.

All contractors should follow these three simple procedures:

  • Contain the work area.
  • Minimize dust.
  • Clean up thoroughly.

From December 2008, the rule has required that contractors performing renovation, repair and painting projects that disturb lead-based paint provide to owners and occupants of child care facilities and to parents and guardians of children under age six that attend child care facilities built prior to 1978 the lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) | en español (PDF)

Starting on April 22, 2010, the rule will affect paid renovators who work in pre-1978 housing and child-occupied facilities, including:

  • Renovation contractors
  • Maintenance workers in multi-family housing
  • Painters and other specialty trades.

Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less then 20 square feet of lead-based paint is disturbed on the exterior. Window replacement is not minor maintenance or repair.

Read EPA's Lead Renovation, Repair and Painting Program Rule.

Additional information on becoming an EPA-certified renovator or training provider is available on EPA's Renovator and Trainer Tool Box site.

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Indoor Air Quality in The Workplace

07-19-10
John Lapotaire, CIEC Microshield

There are currently no services available from the State of Florida for indoor air quality in the workplace. The 2000 Florida Legislature did not pass legislation to reauthorize services provided by the Department of Labor and Employment Security's Division of Safety. As a result the Division of Safety stopped providing workplace indoor air quality services on July 1st, 2000. The Department of Health is currently unable to assume those services lost when the Division of Safety ceased operation.

There are three federally funded sources for workplace safety and health. The University of South Florida, College of Public Health, has developed a consultation program under a federal grant. The Occupational Safety & Health Agency (OSHA) Region 4 Office in Atlanta, (404) 562-2300 is responsible for federal regulatory issues related to workplace health and safety in Florida. The National Institute for Occupational Safety and Health (NIOSH) offers a health hazard evaluation program for workplaces. You can request an health hazard evaluation from NIOSH.

Currently, there are no state or federal standards for acceptable indoor air quality in workplaces. A summary and technical review of indoor air quality in workplaces information is available from OSHA.

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