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How to Comply with the EPA Lead Renovation Rule
Because older buildings often have lead paint, repair and reconstruction of these buildings pose hazards. So in June 2008, a federal Environmental Protection Agency (EPA) rule took effect requiring companies to meet safety requirements before doing such renovations. Here’s an overview of how the new rule works.
The EPA Lead Renovation Rule
The EPA Lead; Renovation, Repair and Painting Program rule (codified in 40 CFR 745.80 – 745.339, ) covers the repair, remodeling, renovation and painting of “target housing,” defined as “any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any 0-bedroom dwelling.”
The rule is designed to control hazard of lead-based paint or LBP, which is defined as a painted surface that when tested by a laboratory, XRF or EPA approved test-kit is equal to or greater than 1.0 mg/cm2 or 0.5% by weight lead.
Lead Renovation Certification Requirements
The rule includes certification requirements for both renovation companies and training providers. Starting in October 2009, companies must receive EPA certification. After April 22, 2010, companies that haven’t received EPA certification won’t be permitted to “perform, offer, or claim to perform renovations” of target housing. Certification is good for 5 years and can be renewed in 5 year increments upon payment of the required fees.
Similarly, training providers had to begin to apply for certification of their courses beginning in April 2009. April 22, 2010 is the date when individuals and work practices have to conform to the regulations.
The rule (§745.90) establishes 2 kinds of new certification: a certified renovator and a certified dust sampling technician. Both certifications require the person to successfully complete their respective course and pay the appropriate fee. A periodic refresher course and fee are required to maintain each certification.
Other Lead Renovation Requirements
Renovators are also required deliver to each unit a copy of the EPA publication, Renovate Right, (Publication EPA-740-F-08-002), within 60 days of beginning renovation of target housing The booklet, which can which can be downloaded from the EPA website, is available in both English and Spanish.
The rule also (§745.85) requires renovators to post signs informing occupants of the area of work and warning against entering the work area. The company must isolate the work area to prevent the inadvertent escape of dust and debris. Doors and windows must be closed and vents taped shut. Floors must be covered. Other requirements apply to exterior work.
Of course, all of the other standard safety prohibitions are still in effect, such as bans on the use of heat guns hotter than 1,100° F, open flames, use of sanding, high-speed grinding machines or abrasive blasting unless the equipment is used with HEPA filtered exhausts.
Final cleaning and waste removal must be done in a manner similar to the requirements that apply to asbestos renovations. Wrap the wastes in plastic; mist and wipe down all waste bags.
Under Section 745.86, all documents relating to the renovation and showing that the renovator followed all of these requirements are to be kept for a minimum of 3 years, or longer if required by other federal, state or local regulations.
Conclusion
All contractors should read the full rule and related information on EPA's website to ensure that they’re familiar with it and ready to comply. The Federal Register notice, which is cited above, also provides useful background and insight into what EPA was trying to accomplish in adopting the rule.
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Is a time of falling construction/renovation jobs really the best time to make it harder on small-time contractors to get jobs? The benefits of this rule versus the costs to contractors is ludicrous. The government makes it harder on people to work and then doesn't understand why unemployment goes up.
Bad timeing for this to go into effect. This will definately hurt small business. What is the Obama administration think of, when a lot of business is hurting ?
This is not an unexpected ruling. Lead has been an issue for years (since 1978). The goal of this regulatory change is to limit children's exposures to lead, which is not just some imaginary concern. It has been shown, time and again, that contractors are unaware of the issue.
Dust control should be performed on any job, whether there is lead present or not. It is not rocket science, and it is not that expensive.
From what I can see, the EPA has made this as workable for contractors as they can. Contractors can get competent people on their staff trained, and those people can train the rest of the staff. And it's only for buildings built before 1978.
Contractors who are prepared to comply with this ruling will find it to be a goldmine. Use it as a selling point that you are a qualified contractor. New construction may have slowed, but renovations, window installations, and other building upgrades will likely continue. The ruling has already increased my business. Get certified and run with it.
Typical of anything our goverment seems to do this law will only hurt those of us who work within the rules.All of us are losing work everyday to people who wont pull permits get licences or pay taxes.This will hurt only the rule followers those working under the table will simply walk away when caught.The way they do now.This is just one more reason that cost will have to go up.Having gone through the training seminar I will follow the guidelines as long as I can in the interest of protecting all partys involved.But I can't expect to be able to stay in buisness for much longer.
Add several more to the list of unemployed
This law will not change anything. It will only grab more taxes for the government. Give non producing people jobs teaching classes on lead abatement. Training on hazardous material handling is a great thing, however business should not have to pay a tax, fee or any other charge in order to conduct business. If this is truly in the interest of our children training should be free. Then there would only be the matter of compliance. There would be a place to employ somebody. and michelle I just love your goldmine comment, not . If your'e a contractor then your'e just greedy, if a consumer than you must be rich. Poorer people live in the older homes. This law will make it harder for those people to afford renovations such as window replacement. So I guess it's all right for those people to just continue paying higher energy bills because our government and you think everybody has deep pockets. So much for trying to conserve energy O'Bama. Lets keep burning those fossil fuel. And while were at it let's see if we can bring the economy to a full stop.
Rodney - This was in process long before Obama was elected, so don't blame him.
I am still on the fence about this whole thing. I will have my certification next week. I do know that I will not absorb any costs related to testing,or added labor for containment: that will be passed on to the consumer.
This law sucks. I agree with those who appose it and will find a way to get it overturned. It should be up to the homeowner if they want to pay extra and comply-if not then the company should still be able to do the job. My husband is EPA certified and just got layed off because his boss said its to expencive and is only going to install windows on houses over 78. THANKS EPA FOR THE FIRST TIME MY FAMILY WILL BE ON WELFAIR BECAUSE AS YOU ALL KNOW THERE ARE NO JOBS OUT THERE.....
While EPA has suspended enforcement of the certification rule until October, they vow to enforce lead-safe practices.
Now is the time to become certified and begin to follow the Rule. My fear is that the reprieve will only encourage procrastination.
SOLUTION TO OUR LEAD PAINT PROBLEM
I am a Metro license Plumber in Nashville, Tennessee I think that Home Owners or any other building built before 1978 should do a lead inspection before any contractor step foot on their property. When applying for Lead Paint inspection, have the inspector check all window sills, drill small holes in plaster or drywall to check for the first layer of paint, to test for lead. Check all painted surface outside for lead paint. Plus the surrounding ground area for signs of lead. In other words give the home owner a clean bill of health on their home for any Lead Paint to be cleanup before a contractor begin work. On the inspector work sheet, record inspector name and permit number, address of home inspection, all details of inspection, in order to have the home register as House Has No Lead Found (HHNLF… I had to add this abbreviation for EPS - RRP), on their property and recorded to the local Codes Department then have the record of Clean Health Of Lead stamped on the Property Deed as to date of inspection.
If the said owners home DOES contains Lead Paint, the owner will be required to have the Lead Paint and any other hidden Lead remove by a Certified Lead Removers and then have a return visit from the Certified Risk Assessor , then have their property recorded to the local Codes Department, if not codes then have the Record Of Clean Health Of Lead, on the Property Deed as to date of final inspection, before they can have work perform in their home. This will keep contractors out of the home until clean of Lead Paint. This way the local Codes Department and Property Deed will have the House Has No Lead Found (HHNLF) stamped permanently on their property deed for future use. For clearing the way for contactors to do renovation, on their built before 1978 home. Then the Home Owner may call for the renovation to be conducted in their home.
No more plastic and high dollar machinery, for the contractors, to carry into the home, no slipping on plastic or be smother in a plastic suit. All the contractors needs to do before work is to call Codes Department or the County Court House for this property address to be renovated for the House Has No Lead Found (HHNLF) Number or Stamp Of Approval. This will prevent lawyers from bring any lawsuits, to the contractors for Lead Poisoning of children, and pregnant women. Because the home was stamped classified as NOT having Lead on the premises at the local Codes Department and Property Deed. If this is not correct or not true as recorded, the contractors has a good lawsuit, Against the RISK INSPECTOR.
Also when home owners are ready to sale their home. The realtor will have no trouble finding if the house has Lead, from the recorded stamp of approval House Has No Lead Found (HHNLF)
This way the cost will be only for Materials and Labor, and not for all the Lead cleanup.
Either way the home owner will pay the bill, plus have a Stamp of approval House Has No Lead Found (HHNLF) on their Deed for future use.
The little Guy will go out of business that will mean their children will have to go without eating right. Also less taxes for the government from this company to report in. and the mass number of unemployment to come.
This is as simple as I can make the Plan Before Renovation. Think of the time and money spend on this subject of Lead Paint In The Home. If this Plan is not workable there is something wrong in our nation, USA. We need some leaders in Government. Why work when only we have to take what little we make on a job and them turn around and dish it back out in Taxes, to the Insurance Company, Workmen Comp, and more hand me. I need a break sometime a vacation and all others small guys the same. THIS WILL STOP ALL LEAD POISONING IN THE HOMES TO BE RENOVATED. LIKE I SAID THIS A SIMPLE SOLUTION TO OUR PROBLEM. From Ken the plumber for over 30 years