United States
                             Environmental
                             Protection Agency
             Office of Enforcement
             and Compliance
             Assurance (2201 A)
325F09005
      sfcj     Enforcement  Alert
      <• fno^               */
     Volume 10, Number 4
Office of Civil Enforcement
 anuarv 2010
          Compliance with New  Federal
        Lead-Based  Paint Requirements
        Renovators must comply with new certification, training,
        pre-renovation notification and work practice standards
  Are  you a  general  contractor,  renovation
contractor,  property manager,  painter, plumber,
carpenter, electrician? Are you paid to do work that
disturbs painted surfaces? Do you work in homes,
schools, day-care facilities or other buildings where
children are present? Were these buildings or any
houses, apartments and residences were you work
constructed before 1978, when lead-based paint was
still in use?
  The new federal Lead-Based Paint Renovation,
Repair and Painting requirements may be applicable
to you. Now is the time to become an EPA-certified
renovator and follow the specific work practices that
prevent lead contamination.
  The new requirements kick in starting in April
2010. Failure to comply with the new requirements
is a violation of the law:   it can cause exposure
to lead and result in serious health  consequences,
especially for young children.  Penalties can be
significant.
  The  new requirements  include notification
to  property owners and occupants before  work
begins  of the potential hazards  from lead-based
paint disturbed during the project, certification of
renovation companies, training and certification of
workers, implementation of work practice standards
for controlling lead-based paint dust, post-renovation
cleanup requirements and post-renovation cleaning
verification.
           To assist you in understanding and complying
          with the lead-based paint rules for renovations, EPA
          has published the "Small Business Compliance
          Guide to Renovate Right." It presents simple steps
          to follow to comply with EPA's lead program. The
          Renovate Right compliance handbook is available
          at  www. epa.gov/lead/pubs/sbcomplianceguide.pdf
          and from the National Lead Information Center at
          800-424-5323.
           The  handbook   provides  more   detailed
          information on  certifications,   training, work
          practice requirements, prohibited  practices and
          recordkeeping provisions  than is included in this
          Enforcement Alert. It also includes information on
          certain exemptions to the Rules and other useful
          information about the lead-based paint program.
                                                     Peeling Door Paint
               http://www.epa.gov/compliance/resources/newsletters/civil/enfalert/index.hlinl

-------
                                    Enforcement Alert
Where Lead-Based Paint is Found

  Approximately three-quarters  of the homes built
before 1978 contain some lead-based paint. It may
be on any surface, but is most commonly found on
exterior-painted surfaces, interior woodwork, doors,
and windows. The use of lead-based paint in housing
was banned in 1978 by the U.S.  Consumer Product
Safety Commission.
  When   properly   maintained  and   managed,
contaminated paint poses little risk, although friction
surfaces (windows and window sills, doors and door
frames, stairs and railings)  are a concern. Lead-
based paint that peels or deteriorates is especially
risky. As a general rule, the older a home, the greater
the risk of lead-based paint.  Exposure to lead may
occur through lead-based paint chips and flakes and
through the fine dust that clings to carpets, floors,
furniture, toys and other objects.

Dangers from Lead-Based Paint

  Lead is a highly  toxic metal.  It is particularly
dangerous  to  children,  whose  growing bodies
absorb more  of the metal and  whose brains and
nervous systems are more sensitive to its damaging
effects. Even low  levels of lead in children can
reduce IQ, cause learning disabilities and behavioral
problems, reduce attention span  and retard physical
development.
  Childhood  lead poisoning is  a major health
problem in this country. Young  children are much
more likely to  put their hands  or objects in their
mouths that can have lead dust  on them,  or to eat
paint chips that contain lead.
  Lead poisoning in adults can  increase blood
pressure, cause irritability, poor muscle coordination,
and damage the kidneys, nerves and brain.  Fetal
development  can also be affected.
  Deteriorating   lead-based   paint   and   lead
contaminated  dust  are  primary sources of  lead
exposure.   Peeling, chipping, chalking or cracking
lead-based paint may all be hazardous, particularly
when found on surfaces that children can touch or
that get a lot of wear-and-tear, such as windows sills,
doors and door frames, stairs, railings and banisters.
People who sand, scrape, burn or otherwise disturb
lead based paint are at risk from inhalation of lead
dust or fumes.
               Paint Peeling on a House
Activities Subject to the Lead-Based Paint
Requirements

  In general,  any activity that  disturbs paint  in
housing and child-occupied facilities  built before
1978, including remodeling,  repair, maintenance,
electrical work, plumbing, painting, carpentry and
window replacement, is subject to the requirements.
  Most minor  repair and  maintenance activities
of less than six square feet per interior room  of
20 square feet or exterior project are exempt from
the work practice requirements.   However, this
exemption does not apply to window replacements,
demolitions or the use of prohibited practices.

Requirements Effective Now

  Pre-renovation   education   and   notification
requirements  are now in  effect.   If you are a
contractor,  property  manager or  someone who
performs  renovations  for  compensation  in  pre-
1978 residential housing, before you start any work
you must distribute the lead information pamphlet
entitled "Renovate Right:  Important Lead Hazard
Information for Families, Child Care Providers, and
Families."  The pamphlet is available  at www.epa.
gov/lead/pubs/renovaterightbrochure.pdf.
  If the  renovations  are  in pre-1978  facilities
     January 2010

-------
                                     Enforcement Alert
occupied by children, you must first distribute the
"Renovated Right" pamphlet to  the owner of the
building or the owner's representative.
  If the work is in common areas of pre-1978 multi-
family  housing or child-occupied  facilities, you
must distribute pamphlets to tenants or parents or
guardians of children using these areas. In lieu of
distributing pamphlets, you must post informational
signs  about the renovation  or repair work.  The
informational signs must be posted in a conspicuous
location, and describe the nature,  location and dates
that you will be doing the work.   A copy of the
pamphlet or information  on  how someone can get
the pamphlet free must be posted with the sign.
           Compliance Schedule

 Requirements effective now:
  • Distribution of EPA's lead pamphlet for families, child
   care providers and schools
  • Post informational notices or signs
  • Retention of records
  • Training providers may apply for accreditation
  • Accredited trainers may offer certification courses

 As of October 2009:
  • Renovation firms may apply to EPA for certification

 As of April 2010
  • Program fully effective: all requirements must be met
  • Renovation businesses must be certified
  • EPA will enforce all lead-based paint requirements
Certification and Training

  All firms, regardless  of number of employees,
must be certified. You can do this by applying to EPA
or to a state, if it has an EPA-authorized program,
and paying a fee. To apply, your firm must submit
to EPA a completed "Application for Firms" form,
signed by an authorized agent of the firm and pay
the correct amount of fees.  The form is available
from the National Lead Information Center at 800-
424-5323 or at www.epa.gov/lead/pubs/renovation.
html.
  There must be at least one certified  renovator
assigned with oversight authority over  each job
where lead-based paint is disturbed.
   To become a certified renovator, you must complete
an EPA or authorized state-approved training course
conducted by an EPA or state-accredited training
provider. All workers must be trained on the work
practices they will be using during the renovation.
   Renovation workers  can  be trained on-the-job
by a certified renovator  to use  prescribed lead-
safe work practices or  they can become  certified
renovators  themselves.   Certified renovators are
responsible for ensuring overall compliance with the
Lead-Based Paint Renovation, Repair and Painting
Program's requirements for lead-safe work practices
at renovations they are assigned.

Requirements of a Certified Renovator

A certified renovator must:
   •    Use  an EPA approved lead test kit  when
   testing for lead-based paint on painted  surfaces
   and components being disturbed;
   •    Provide on-the-job training to other workers
   on the  work  practices they will be  using, be
   physically present at  the job site when warning
   signs are posted, while work-area containment is
   being established and while work-area cleaning is
   being performed;
   •    Regularly direct work being performed by
   others to  ensure compliance with work practice
   standards, including containment requirements;
   •    Be   available   on-site   or by  telephone
   whenever renovations are being performed;
   •    Perform project cleaning verification;
       Have with them their initial and most recent
   (i.e., refresher) course certificates; and
   •    Prepare required records.
Information on  obtaining training as a certified
renovator is available  from  the  National  Lead
Information Center at 800-424-5323.

Lead-Safe Work Practices

   All renovators must use work-area containment to
prevent dust and  debris from leaving the work area.
All objects must be removed from the work area
or covered to prevent contamination. All windows
      January  2010

-------
                                        Enforcement Alert
and doors must be closed and doors covered.  Floors must be covered to
contain dust.
  After renovation, all dust and debris must be collected and the walls
cleaned by vacuuming or wiping.  After cleaning, a certified inspector,
risk assessor or dust sampling technician must verify the effectiveness of
the cleaning. The renovator must re-clean the work area until it meets the
applicable clearance standards. Cleaning verification is required to ensure
that the work area is adequately cleaned and ready for re-occupancy. When
cleanup standards are met, the renovator is done.
  For exterior renovations, similar work practices  must be followed.
The  work practice standards  are summarized in the "Renovate  Right"
compliance handbook.
  Work practices specifically prohibited include open-flame burning using
heat guns at greater than  1,100 degrees Fahrenheit and the use of power
tools without the use of high-efficiency particulate air (HEPA) vacuums
to collect the dust.

Recordkeeping Requirements

  All documents must be  retained for at least three years following
completion  of a  regulated renovation, repair or painting activity. This
includes reports certifying that lead-based paint is not present,  records
relating  to  the  distribution of  the lead pamphlet  ("Renovate  Right:
Important Lead Hazard Information for Families,  Child Care Providers
and  Schools"), any signed and dated  statements from owner-occupants
that the requirements do not apply to their location, and documentation of
compliance with the Lead-Based Paint Renovation, Repair and Painting
Program rules.

Compliance Assistance

   Additional information about the dangers from lead and lead-based
paint, the statutory and regulatory  requirements of the lead-based paint
program, how to obtain copies of various forms, brochures and pamphlets
and  how to  receive training and certification is  available at www.epa.
gov/lead or by calling the National Lead Information Center at 800-424-
5323. A compendium of lead information and links for contractors on
renovation, repair and painting can be found at www.epa.gov/lead/pubs/
renovation, htm Contractors
 Disclaimer: This document attempts to clarify in plain language some EPA regulatory provisions.
 Nothing in the Enforcement Alert revises or replaces any regulatory provisions in the cited part,
 any other part of the Code of Federal Regulations, the Federal Register, or the Toxic Substances
 Control Act. For more information go to: www.epa.gov/compliance
  v>EPA
  United States
  Environmental Protection Agency
  Office of Civil Enforcement
  (2241 A)
  Washington, D.C. 20460

   Official Business
   Penalty for Private Use $300
     Enforcement Alert


 Enforcement  Alerts  are  published
 periodically  by   EPA's  Office   of
 Enforcement and Compliance Assurance,
 Office of Civil Enforcement, to inform the
 public and the regulated community about
 environmental enforcement issues, trends
 and significant enforcement actions.


 This information should help the regulated
 community avoid violations of federal
 environmental law. Please reproduce and
 share this publication.


 To receive this newsletter electronically,
 see www. epa.gov/compliance/resources/
 newsletters/civil/enfalert/index.html.


 Director, Office of Civil Enforcement:
 Adam M. Kushner


 Editor, Office of  Civil  Enforcement:
 Melissa Page Marshall


 Please send all address and name changes
 or subscription requests to: nscep@bps-
 lmit.com


 Document Number: EPA 325-F-09-005

      Report a Violation!
   Protecting the environment is
  everyone's responsibility.  Help
  EPA fight pollution by reporting
potential environmental violations.

        www. epa. gov/tips
        January 2010

-------