Has it really been 9 months since we had our last RRP update, and 17 months since we publically commented on the new changes that go into effect October 5th 2011 – whew it sure has been. Besides one fine being handed out finally (I mean the video was on YouTube & was one of the most talked about items… in certain circles…), things have been pretty quit on the RRP front. With all that said, the “Clearance Testing” changes have largely been dropped by the EPA (congrats for getting that right), while they have snuck in a few minor changes which we will cover here. Seeing the changes aren’t visible in the actual regulation until the 5th we have included the links to the official changes on the eCFR site and are starting with the biggest changes we see.
Paint Chips:
CLR’s are now allowed to collect Paint Chip samples (§745.82) instead of using Lead Check® or similarly approved system. The same steps for area’s needing to be tested are still the same; it is just another testing option available. The paint chips must be sent to an EPA Approved Testing Facility (PDF list). Just like the other tests, they require notification to be made of the results (§745.86)
§745.90 Updated CLR Job Duties:
Under (b) (2), it specifically states the CLR of record must provide the training to workers on site… gees, I swore we covered that before, but they felt the needed more clarification. The big change is the next item (4) where the CLR “Must REGULARY direct work” (caps & bold ours) which eliminates someone just setting up the containment, a quick class, & doing the test out only.
§745.85 Updated Vertical Surfaces & Prohibited Practices:
They have now clarified the interior portion (a) (2) (i) (D) by allowing for the interior protection to be less than 6’, “Floor containment measures may stop at the edge of the vertical barrier when using a vertical containment system consisting of impermeable barriers that extend from the floor to the ceiling and are tightly sealed at joints with the floor, ceiling and walls.”
For the Exterior (a) (2) (ii) (C & D) they have added the vertical containment requirements when one the area being worked on is less than 10’ away from the property line. Also like above, if you do use vertical containment, you do not need to extend out 10’ – just to the edge which is great when there is a fence or row of hedges. (See Definition change below)
Under (3), prohibited & restricted practices, they have changed the wording to now include all painted surfaces, whether it contains lead or not – “Painted surface means a component surface covered in whole or in part with paint or other surface coatings.” Now this does not apply to any house built after 1978, or ones that are “lead free” or all surfaces tested below their de minimis levels where this regulation does not apply.
§745.83 Updated Definitions:
Besides the “painted surfaces definition listed above, they have modified the HEPA Vacuum & Vertical Containment ones as follows; for the HEPA Vacs they have left the definition alone & added in the following language, “HEPA vacuums must be operated and maintained in accordance with the manufacturer’s instructions.” Hmmm, maybe if they followed the manufacturer’s directions we would already have the Lead Check system allowed to be used on all materials… The next one is for the Vertical Containment & it now reads, “Vertical containment means a vertical barrier consisting of plastic sheeting or other impermeable material over scaffolding or a rigid frame, or an equivalent system of containing the work area. Vertical containment is required for some exterior renovations but it may be used on any renovation.” The best part is they pulled the “equivalent” trick used in the code books so one is no longer limited to just using plastic.
Increased Fines for State Run Programs?
One of the funniest posts I saw recently was where someone had mentioned that said State’s now had to have a minimum fine of $5000 – now I knew that had to be wrong as we covered how the EPA handles their fines & this didn’t make sense as I don’t recall seeing it in the original RFC’s, or hearing a huge uproar over it. Well it turns out I was right as the change simply reads – §745.327 (3) (ii) The State must have: “The authority to assess administrative or civil fines, including a maximum penalty authority for any violation in an amount no less than $5,000 per violation per day.” Basically if they can’t fine up to $5,000 a day, then they cannot take over the program but nothing in the regulation is setting a minimum fine for the states.
Quick Note:
While putting all the links together, I got a, not so friendly notice that the eCFR system will soon be archived & everyone will need to use the new FDsys to stay current. All I can hope is that they do some major tweaks before it fully goes live as it is near impossible to search, much less find the whole regulation in one spot.
EPA Note’s & Resources:
UPDATE 10.5.2011 — As an FYI, the EPA has sent an email out to all Certified Firms with additional resources now available.
New Version of Renovate Right Required
Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools http://epa.gov/lead/pubs/renovaterightbrochure.pdf
Renovators must now begin providing this revised version to owners and occupants. However, you may use the older version if you have printed stock remaining. In that case, please be sure to include the replacement page 10 which can be found at http://epa.gov/lead/pubs/insert.pdf.
Compliance Assistance Tools for Renovators, Firms, and Training Providers:
Steps to a Lead-Safe Renovation Guide http://epa.gov/lead/pubs/steps.pdf
Small Entity Compliance Guide to Renovate Right: EPA’s Lead-based Paint Renovation, Repair and Painting Program http://epa.gov/lead/pubs/sbcomplianceguide.pdf
Paint Chip Sample Collection Guide http://epa.gov/lead/pubs/paintchip.pdf
Sample Renovation Recordkeeping Checklist http://epa.gov/lead/pubs/samplechecklist.pdf
Renovation Firm Application for Certification Form and Instructions http://epa.gov/lead/pubs/firmapp.pdf
As a reminder, currently 12 states are authorized to have their own RRP program in lieu of the EPA Federal program. These states are Alabama, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oregon, Rhode Island, Utah, Washington, and Wisconsin. If you are operating in any of these states, be sure you are certified by that state and comply with those regulations. If you do business in more than one state, you may need both EPA and state certification. For more information on EPA and State programs, go to http://www.epa.gov/opptintr/lead/pubs/lscp-renovation_firm.htm.
Sean,
Great breakdown of the RRP updates and the impact. I appreciate it.
Sean,
Great breakdown of the RRP updates and the impact. I appreciate it.