United States
Environmental
Protection Agency
Office of Pollution Prevention and Toxics
EPA-740-F-08-003
June 2008
^W « 1HHHBB
III 11
Small Entity Compliance
Guide to Renovate Right
EPA's Lead-Based Paint
Renovation, Repair, and
Painting Program
A handbook for contractors,
property managers and
maintenance personnel
working in homes, child
care facilities and schools
built before 1978
I.
Mill
1
(Awareness
IProqram
-------
Who Should Read this Handbook?
Anyone who owns or manages housing or child-occupied facilities built before 1978.
Contractors who perform activities that disturb painted surfaces in homes and child-occupied facilities
built before 1978 (including certain repairs and maintenance, and painting preparation activities).
About this Handbook
This handbook summarizes requirements of EPA's Lead-Based Paint Renovation, Repair and Painting
Program Rule, aimed at protecting against lead-based paint hazards associated with renovation, repair and
painting activities. The rule requires workers to be trained to use lead-safe work practices and requires
renovation firms to be EPA-certified; these requirements will become effective April 22, 2010.
To ensure compliance, you should also read the complete rule on which the program is based. While EPA
has summarized the provisions of the rule in this guide, the legal requirements that apply to renovation work
are governed by EPA's 2008 Lead Rule. A copy of the rule is available on EPA's website at
www.epa.gov/lead/pubs/renovation.
A companion pamphlet, entitled Renovate Right: Important Lead Hazard Information for Families, Child Care
Providers, and Schools (EPA-740-F-08-002), has been prepared in conjunction with the rule for distribution
to persons affected by work that disturbs lead-based paint. (See page 17 for information on how to get
copies of the rule, the Renovate Right pamphlet, and other related materials).
Other state or local requirements that are different from or more stringent than the federal requirements may
apply in your state. For example, federal law allows EPA to authorize states to administer their own program
in lieu of the federal lead program. Even in states without an authorized lead program, a state may
promulgate its own rules that may be different or go beyond the federal requirements. For more information
on the rules that apply in your state, please contact the National Lead Information Center at 1 -800-424-
LEAD (5323).
Your feedback is important. Please review this guide and contact the National Lead Information
Center at 1 -800-424-LEAD (5323) with any comments regarding its usefulness and readability, and
improvements you think are needed.
About the Lead Hazard Information Pamphlets
In 1998, EPA issued a Pre-Renovation Education Rule requiring contractors and workers to distribute EPA's
lead information pamphlet, Protect Your Family from Lead in Your Home. EPA's 2008 Lead-Based Paint
Renovation, Repair and Painting Program Rule, which is the subject of this small entity compliance guide,
also updates sections of the 1998 Pre-Renovation Education Rule. For example, the requirements of the
Pre-Renovation Education Rule were amended to require that contractors disseminate the March 2008
Renovate Right pamphlet instead of the Protect Your Family from Lead in Your Home pamphlet beginning in
December 2008 (although either can be used up until then).
This document is published by the Environmental Protection Agency (EPA) as the official compliance
guide for small entities, as required by the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA). Before you begin using the guide, you should know that the information in this guide was
compiled and published in June 2008. EPA is continually improving and upgrading its rules, policies,
compliance programs, and outreach efforts. To find out if EPA has revised or supplemented the
information in this guide call the National Lead Information Center at
1-800-424-LEAD (5323).
-------
What Is the Lead-Based Paint Renovation, Repair and
Painting Program (RRP)?
The Lead-Based Paint Renovation, Repair and Painting Program is a federal regulatory
program affecting contractors, property managers, and others who disturb painted surfaces.
It applies to residential houses, apartments, and child-occupied facilities such as schools and
day-care centers built before 1978.
It includes pre-renovation education requirements as well as training, certification, and work
practice requirements.
- Pre-renovation education requirements are effective now:
Contractors, property managers, and others who perform renovations for compensation
in residential houses, apartments, and child-occupied facilities built before 1978 are
required to distribute a lead pamphlet before starting renovation work.
- Training, certification, and work practice requirements become effective April 22, 2010:
Firms are required to be certified, their employees must be trained in use of lead-safe
work practices, and lead-safe work practices that minimize occupants' exposure to lead
hazards must be followed.
Renovation is broadly defined as any activity that disturbs painted surfaces and includes most
repair, remodeling, and maintenance activities, including window replacement.
The program includes requirements implementing both Section 402(c) and 406(b) of the Toxic
Substances Control Act (TSCA). (www.epa.gov/lead/pubs/titleten.html)
EPA's lead regulations can be found at 40 CFR Part 745, Subpart E.
How Can this Handbook Help Me?
Understanding the lead program's requirements can help you protect your customers from the
hazards of lead and can, therefore, mean more business for you.
This handbook presents simple steps to follow to comply with the EPA's lead program. It also
lists ways these steps can be easily incorporated into your work
Distributing the lead pamphlet and incorporating required work practices into your job site will
help protect your customers and occupants from the hazards of lead-based paint.
-------
Who Must Follow the 2008 Lead Rule's Requirements?
In general, anyone who is paid to perform work that disturbs paint in
housing and child-occupied facilities built before 1978, this may include,
but is not limited to:
- Residential rental property owners/managers
- General contractors
- Special trade contractors, including
Painters
Plumbers
Carpenters
Electricians
What Activities Are Subject to the Lead Renovation, Repair
and Painting Program?
In general, any activity that disturbs paint in pre-1978 housing and child-occupied facilities,
including:
Remodeling and repair/maintenance
Electrical work
Plumbing
Painting
Carpentry
Window replacement
What Housing or Activities Are Excluded and Not Subject to
the Rule?
Housing built in 1978 or later.
Housing for elderly or disabled persons, unless children under 6 reside or are expected to
reside there.
Zero-bedroom dwellings (studio apartments, dormitories, etc.).
Housing or components declared lead-free by a certified inspector
or risk assessor.
Minor repair and maintenance activities that disturb 6 square feet or
less of paint per room inside, or 20 square feet or less on the
exterior of a home or building.
Note: minor repair and maintenance activities do not include
window replacement and projects involving demolition or prohibited practices.
-------
What Does the Program Require Me To Do?
Pre-renovation education requirements - Effective now.
In housing, you must:
Distribute EPA's lead pamphlet to the owner and occupants before renovation starts.
In a child-occupied facility, you must:
Distribute the lead pamphlet to the owner of the building or an adult representative of the
child-occupied facility before the renovation starts.
For work in common areas of multi-family housing or child-occupied facilities, you must:
Distribute renovation notices to tenants or parents/guardians of the children attending the
child-occupied facility. Or you must post informational signs about the renovation or repair
job.
Informational signs must:
Be posted where they will be seen;
Describe the nature, locations, and dates of the renovation; and
Be accompanied by the lead pamphlet or by information on how parents and guardians can
get a free copy (see page 31 for information on obtaining copies).
Obtain confirmation of receipt of the lead pamphlet (see page 23) from the owner, adult
representative, or occupants (as applicable), or a certificate of mailing from the post office.
Retain records for three years.
Note: Pre-renovation education requirements do not apply to emergency renovations.
Emergency renovations include interim controls performed in response to a resident child with
an elevated blood-lead level.
Training, Certification, and Work Practice Requirements-
Effective after April 22, 2010.
Firms must be certified.
Renovators must be trained.
Lead-safe work practices must be followed. Examples of these practices include:
Work-area containment to prevent dust and debris from leaving the work area.
Prohibition of certain work practices like open-flame burning and the use of power tools
without HEPA exhaust control.
Thorough clean up followed by a verification procedure to minimize exposure to lead-based
paint hazards.
The training, certification, and work practice requirements do not apply where the firm obtained
a signed statement from the owner that all of the following are met:
The renovation will occur in the owner's residence;
No child under age 6 resides there;
No woman who is pregnant resides there;
The housing is not a child-occupied facility; and
The owner acknowledges that the renovation firm will not be required to use the work
practices contained in the rule.
3
-------
When Do These Requirements Become Fully Applicable to
Me?
Update to EPA's "pre-renovation education" requirements
Until December 2008, you may use either EPA's lead pamphlet entitled, Protect Your Family
from Lead in Your Home, or EPA's pamphlet entitled, Renovate Right, to comply with the
pre-renovation education requirements.
Beginning in December 2008, only the Renovate Right pamphlet may be used to comply
with the requirements.
Training, certification, and work practice requirements
- April 2009:
Training providers may begin applying for accreditation.
Once training providers are accredited, they may offer training courses that will allow
renovators to become certified.
- October 2009 - Renovation firms may begin applying to EPA for certification.
- April 2010 - Program fully effective. Work practices must be followed.
How Will a Firm Become Certified?
Beginning in October 2009, firms may apply to EPA for certification to perform renovations or dust
sampling. To apply, a firm must submit to EPA a completed "Application for Firms," signed by an
authorized agent of the firm, and pay the correct amount of fees. To obtain a copy of the
"Application for Firms" contact the NLIC at 1 -800-424-LEAD (5323) or visit
www.epa.gov/lead/pubs/renovation.htm.
II O ILI
IrPB
FrM
btJI
4
-------
What Are the Responsibilities of a Certified Firm?
Firms performing renovations must ensure that:
1. All individuals performing activities that disturb painted surfaces on behalf of the firm are either
certified renovators or have been trained by a certified renovator.
2. A certified renovator is assigned to each renovation and performs all of the certified renovator
responsibilities.
3. All renovations performed by the firm are performed in accordance with the work practice
standards of the Lead-Based Paint Renovation, Repair, and Painting Program (see the
flowchart on page 9 for details about the work practice standards).
4. Pre-renovation education requirements of the Lead-Based Paint Renovation, Repair, and
Painting Program are performed.
5. The program's recordkeeping requirements are met.
How Will a Renovator Become Certified?
To become a certified renovator an individual must successfully complete an eight-hour initial
renovator training course offered by an accredited training provider (training providers are
accredited by EPA, or by an authorized state or tribal program). The course completion certificate
serves as proof of certification. Training providers can apply for accreditation for renovator and
dust sampling technician training beginning in April 2009. Once accredited, trainers can begin to
provide certification training.
Are There Streamlined Requirements for Contractors with
Previous Lead Training?
Yes. Individuals who have successfully completed an accredited lead abatement worker or
supervisor course, or individuals who have successfully completed an EPA, Department of
Housing and Urban Development (HUD), or EPA/HUD model renovation training course, need only
take a four-hour refresher renovator training course instead of the eight-hour initial renovator
training course to become certified.
What Are the Responsibilities of a Certified Renovator?
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. A certified renovator (see the flowchart on page 9 for details
about the work practice standards):
1. Must use a test kit acceptable to EPA, when requested by the party contracting for renovation
services, to determine whether components to be affected by the renovation contain lead-
based paint (EPA will announce which test kits are acceptable prior to April 2010. Please check
our Web site at www.epa.gov/lead).
2. Must provide on-the-job training to workers on the work practices they will be using in
performing their assigned tasks.
-------
3. Must be physically present at the work site when warning signs are posted, while the work-
area containment is being established, and while the work-area cleaning is performed.
4. Must regularly direct work being performed by other individuals to ensure that the work
practices are being followed, including maintaining the integrity of the containment barriers and
ensuring that dust or debris does not spread beyond the work area.
5. Must be available, either on-site or by telephone, at all times renovations are being conducted.
6. Must perform project cleaning verification.
7. Must have with them at the work site copies of their initial course completion certificate and
their most recent refresher course completion certificate.
8. Must prepare required records.
How Long Will Firm and Renovator Certifications Last?
To maintain their certification, renovators and firms must be re-certified by EPA every five years. A
firm must submit to EPA a completed "Application for Firms," signed by an authorized agent of
the firm, and pay the correct amount of fees. Renovators must successfully complete a refresher
training course provided by an accredited training provider.
What Are the Record keeping Requirements?
All documents must be retained for three years following the completion of a renovation.
Records that must be retained include:
Reports certifying that lead-based paint is not present.
Records relating to the distribution of the lead pamphlet.
Any signed and dated statements received from owner-occupants documenting that the
requirements do not apply (i.e., there is no child under age 6 or no pregnant woman who
resides at the home, and it is not a child-occupied facility).
Documentation of compliance with the requirements of the Lead-Based Paint Renovation,
Repair, and Painting Program (EPA has prepared a sample form that is available at
www.epa.gov/lead/pubs/samplechecklist.pdf).
What Are the Required Work Practices?
The flow charts on the following pages will help determine if your project is subject to the
Lead-Based Paint Renovation, Repair and Painting Program's requirements and, if so, the
specific requirements for your particular project.
-------
EPA's Lead Program Rule At-A-Glance
Do the Requirements Apply to the Renovation?
If you will be getting paid to do work that disturbs painted surfaces in a pre-1978 home, apartment
building, or child-occupied facility, answer the questions below to determine if the EPA lead program
requires you to distribute the lead pamphlet and/or if you will need to comply with training, certification,
and work practice requirements when conducting the work.
Does the job involve activities that disturb painted surfaces in a
home or child-occupied facility built before 1978?
"^^^^
Are ANY of the following conditions present?
The work is a lead abatement project.
Work consists of only minor repairs or maintenance that
disturbs less than 6 square feet of painted surfaces per
room for interior activities or less than 20 square feet of
painted surface for exterior activities. Note: this does not
include window replacement, demolition, and projects
involving prohibited practices.
Housing has been determined to be free of lead-based paint
either by a certified inspector or risk assessor, or the
components being renovated have been determined to be
free of lead-based paint by a certified renovator using an
EPA recognized test kit.
Housing is a zero-bedroom dwelling (studio apartments,
dormitories, etc.).
Housing is for the elderly or disabled and no children under
six reside or are expected to reside there.
"^^^^
Is the project an emergency renovation?
Emergency renovations are:
1. Activities that were not planned and if not immediately
attended to present a safety hazard or threaten equipment
and/or property with significant damage.
OR
2. Interim controls performed in response to an elevated blood
lead level in a resident child.
You will need to provide the lead pamphlet.
See Flow Chart 2 for specific requirements.
EPA
lead-based
paint renovation,
repair, and
painting program
requirements
do not apply.
Pre-renovation
education
requirements
of the program
do not apply.
See Flow Chart 3
to determine which
specific renovation
training and work
practice requirements
apply to the job.
Flow Chart 1
-------
How Do I Comply with the Pre-Renovation Education Requirements?
Requirements to distribute pre-renovation educational materials vary based on the location of the
renovation. Select the location below that best describes the location of your project, and follow the
applicable procedure on the right.
Renovations in
Owner-Occupied
Dwelling Units
Renovations in
Tenant-Occupied
Dwelling Units
Renovations in
Common Areas of
Multi-Family Housing
Units
Renovations in Child
Occupied Facilities
(COFs)
Deliver lead pamphlet to owner before renovation begins and
obtain confirmation of receipt.
OR
Mail lead pamphlet to owner 7 days before renovation begins
and document with certificate of mailing.
Provide lead pamphlet to owner using either procedure
described in the box at the top of this page.
Provide lead pamphlet to tenant by either method below:
(a) Deliver pamphlet to dwelling unit before renovation
begins and document delivery with either a
confirmation of receipt of lead pamphlet or a self-
certification of delivery.
OR
Mail lead pamphlet to tenant at least 7 days prior to
renovation and document with a certificate of mailing.
k
1. Provide owner with lead pamphlet using either procedure
described in the box at the top of this page.
2. Notify tenants and make pamphlet available, or post signs
describing the renovation. The signs must include the
pamphlet or information on how to review a copy.
3. Maintain written documentation describing notification
procedures.
4. Provide supplemental renovation notice if changes occur
in location, timing, or scope of renovation occurring.
1. Provide the owner of the building with the lead pamphlet
using either:
(a) The procedure described in the box at the top of this
page.
OR
(b) If the child-occupied facility is not the building owner,
provide the lead pamphlet by either method below:
(i) Obtain a written acknowledgment that an adult
representative received the pamphlet; or certify in
writing that a pamphlet was delivered.
OR
(ii) Obtain a certificate of mailing at least 7 days before
the renovation.
Provide the parents or guardians of children using the
child-occupied facility with information by either of these
methods:
(a) Mail or hand-deliver the lead pamphlet and renovation
information to each parent or guardian.
OR
(b) Post signs describing the renovation. The signs must
include the pamphlet or information on how to review
a copy.
k
k
See
Flow
Charts
for
information
about
specific
training
and work
practice
requirements
for the job.
Flow Chart 2
-------
Do the Renovation Training and Work Practices Apply?
Has the firm obtained a signed statement from the
owner that:
1. The renovation will occur in the owner's residence;
2. No child under age 6 resides there;
3. No woman who is pregnant resides there;
4. The housing is not a child-occupied facility, AND
5. Owner acknowledges that the renovation firm will not
be required to use the work practices contained in the
rule.
'^^^r
Is the project an emergency renovation?
'^^^r
Does the project include interim controls performed in
response to an elevated blood lead level of a resident
child?
"^^^r
Emergency projects are exempt from the warning sign,
containment, waste handling, training, and certification
requirements to the extent necessary to respond to the
emergency. Emergency renovations are NOT exempt
from the cleaning and cleaning verification requirements.
See Flow Chart 5 for interior cleaning and cleaning
verification requirements, and Flow Chart 8 for exterior
cleaning and verification requirements.
Training
and
work
practice
requirements
do not apply.
Continue to
Flow Chart 4
for work
practice
requirements.
Flow Chart 3
-------
Work Practice Requirements
General
(A) Renovations must be performed by certified firms using certified renovators.
(B) Firms must post signs clearly defining the work area and warning occupants and other persons
not involved in renovation activities to remain outside of the work area. These signs should be in
the language of the occupants.
(C) Prior to the renovation, the firm must contain the work area so that no dust or debris leaves the
work area while the renovation is being performed.
(D) Work practices listed below are prohibited during a renovation:
1. Open-flame burning or torching of lead-based paint;
2. Use of machines that remove lead-based paint through high speed operation such as sanding,
grinding, power planing, needle gun, abrasive blasting, or sandblasting, unless such machines
are used with HEPA exhaust control; and
3. Operating a heat gun on lead-based paint at temperatures of 1100 degrees Fahrenheit or
higher.
(E) Waste from renovations:
1. Waste from renovation activities must be contained to prevent releases of dust and debris
before the waste is removed from the work area for storage or disposal.
2. At the conclusion of each work day and at the conclusion of the renovation, waste that has
been collected from renovation activities must be stored to prevent access to and the release
of dust and debris.
3. Waste transported from renovation activities must be contained to prevent release of dust and
debris.
Interior
Renovation
Projects.
See Flow
Chart 5.
Exterior
Renovation
Projects.
See Flow
Chart 8.
10
Flow Chart 4
-------
Work Practice Requirements Specific to Interior Renovations
The firm must:
(A) Remove all objects from the work area or cover them with plastic sheeting with all seams and
edges sealed.
(B) Close and cover all ducts opening in the work area with taped-down plastic sheeting.
(C) Close windows and doors in the work area. Doors must be covered with plastic sheeting.
(D) Cover the floor surface with taped-down plastic sheeting in the work area a minimum of six feet
beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the
dust, whichever is greater.
(E) Use precautions to ensure that all personnel, tools, and other items, including the exteriors of
containers of waste, are free of dust and debris when leaving the work area.
(F) After the renovation has been completed, the firm must clean the work area until no dust, debris or
residue remains. The firm must:
1. Collect all paint chips and debris, and seal it in a heavy-duty bag.
2. Remove and dispose of protective sheeting as waste.
3. Clean all objects and surfaces in the work area and within two feet of the work area in the
following manner:
a. Clean walls starting at the ceiling and working down to the floor by either vacuuming with a
HEPA vacuum or wiping with a damp cloth.
b. Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture
and fixtures, with a HEPA vacuum.
c. Wipe all remaining surfaces and objects in the work area, except for carpeted or
upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly using a
mopping method that keeps the wash water separate from the rinse water, or using a wet
mopping system.
Cleaning verification is required to ensure the work area
is adequately cleaned and ready for re-occupancy.
See Flow Chart 6 for instructions on performing cleaning
verification for interior projects.
Flow Chart 5
11
-------
Interior Cleaning Verification: Visual Inspection and Optional
Clearance Testing
Certified renovator must perform a visual inspection.
Is dust, debris or residue present?
The area must be
re-cleaned and another
visual inspection must
be performed.
Does the contract, or another federal, state, territorial, tribal, or
local regulation, require clearance testing at the conclusion of
the renovation?
Are the dust clearance samples required to be collected
by a certified inspector, risk assessor or dust sampling
technician, and is the renovation firm required to re-clean the
work area until the dust clearance sample results are below
applicable clearance standards?
When you meet the applicable clearance standards, you're
finished!
Continue to
cleaning
verification
procedure.
See Flow
Chart 7.
12
Flow Chart 6
-------
Interior Cleaning Verification: Floors, Countertops, and Window Sills
Note: For areas greater than 40 square feet, separate the area into sections and use a new disposable
cleaning cloth for each section.
Certified renovator must wipe all uncarpeted floors,
countertops, and windowsills within the work area with a wet
disposable cleaning cloth. Is the cloth used for any area
darker than the cleaning verification card?
Re-clean the areas that failed using the procedures from Flow
Chart 5, then use a new wet disposable cleaning cloth to
wipe those areas again. Is the cloth used for any area darker
than the cleaning verification card?
Wait until either the area has dried completely or 1 hour has
passed, whichever is longer. Once dry, wipe that area with a
dry disposable cleaning cloth.
The
work area
has been
adequately
cleaned
and
warning
signs
may be
removed.
You're finished!
Flow Chart 7
13
-------
Work Practice Requirements Specific to Exterior Renovations
The firm must:
(A) Close all doors and windows within 20 feet of the renovation.
(B) Ensure that doors within the work area that will be used while the job is being performed are
covered with plastic sheeting in a manner that allows workers to pass through while confining dust
and debris.
(C) Cover the ground with plastic sheeting or other disposable impermeable material extending a
minimum of 10 feet beyond the perimeter or a sufficient distance to collect falling paint debris,
whichever is greater.
(D) In situations such as where work areas are in close proximity to other buildings, windy conditions,
etc., the renovation firm must take extra precautions in containing the work area, like vertical
containment.
(E) After the renovation has been completed, the firm must clean the work area until no dust, debris or
residue remains. The firm must:
1. Collect all paint chips and debris, and seal it in a heavy-duty bag.
2. Remove and dispose of protective sheeting as waste.
3. Waste transported from renovation activities must be contained to prevent release of dust and
debris.
I
A certified renovator must perform a visual inspection.
Is dust, debris or residue present?
These conditions
must be eliminated
and another visual
inspection must be
performed.
The area has been
adequately cleaned;
remove the warning
signs.
You're finished!
14
Flow Chart 8
-------
How Is My Compliance Determined, and
What Happens if the Agency Discovers a Violation?
To maximize compliance, EPA implements a balanced program of compliance assistance,
compliance incentives, and traditional law enforcement. EPA knows that small businesses that
must comply with complicated new statutes or rules often want to do the right thing, but may lack
the requisite knowledge, resources, or skills. Compliance assistance information and technical
advice helps small businesses to understand and meet their environmental obligations.
Compliance incentives, such as EPA's Small Business Policy, apply to businesses with 100 or
fewer employees and encourage persons to voluntarily discover, disclose, and correct violations
before they are identified by the government (more information about EPA's Small
Business Policy is available at www.epa.gov/compliance/incentives/
smallbusiness/index.html). EPA's enforcement program is aimed at protecting the public by
targeting persons or entities who neither comply nor cooperate to address their legal obligations.
EPA uses a variety of methods to determine whether businesses are complying, including
inspecting work sites, reviewing records and reports, and responding to citizen tips and
complaints. Under TSCA, EPA (or a state, if this program has been delegated to it) may file an
enforcement action against violators seeking penalties of up to $32,500 per violation, per day. The
proposed penalty in a given case will depend on many factors, including the number, length, and
severity of the violations, the economic benefit obtained by the violator, and its ability to pay. EPA
has policies in place to ensure penalties are calculated fairly. These policies are available to the
public. In addition, any company charged with a violation has the right to contest EPA's allegations
and proposed penalty before an impartial judge or jury.
EPA encourages small businesses to work with the Agency to discover, disclose, and correct
violations. The Agency has developed self-disclosure, small business, and small community
policies to modify penalties for small and large entities that cooperate with EPA to address
compliance problems. In addition, EPA has established compliance assistance centers to serve
over one million small businesses (see Construction Industry Compliance Assistance Center for
information regarding this rule at www.cicacenter.org). For more information on compliance
assistance and other EPA programs for small businesses, please contact EPA's Small Business
Ombudsman at 202-566-2075.
15
-------
Frequent Questions
What is the legal status of this guide?
This guide was prepared pursuant to section 212 of SBREFA. EPA has tried to help explain in this
guide what you must do to comply with the Toxic Substances Control Act (TSCA) and EPA's lead
regulations. However, this guide has no legal effect and does not create any legal rights.
Compliance with the procedures described in this guide does not establish compliance with the
rule or establish a presumption or inference of compliance. The legal requirements that apply to
renovation work are governed by EPA's 2008 Lead Rule, which controls if there is any
inconsistency between the rule and the information in this guide.
Is painting considered renovation if no surface preparation activity occurs?
No. If the surface to be painted is not disturbed by sanding, scraping, or other activities that may
cause dust, the work is not considered renovation and EPA's lead program requirements do not
apply. However, painting projects that involve surface preparation that disturbs paint, such as
sanding and scraping, would be covered.
What if I renovate my own home?
EPA's lead program rules apply only to renovations performed for compensation; therefore, if you
work on your own home, the rules do not apply. EPA encourages homeowners to use lead-safe
work practices, nonetheless, in order to protect themselves, their families, and the value of their
homes.
Is a renovation performed by a landlord or employees of a property management
firm considered a compensated renovation under EPA's lead program rules?
Yes. The receipt of rent payments or salaries derived from rent payments is considered
compensation under EPA's lead program. Therefore, renovation activities performed by landlords
or employees of landlords are covered.
Do I have to give out the lead pamphlet seven days prior to beginning renovation
activities?
The 7-day advance delivery requirement applies only when you deliver the lead pamphlet by mail;
otherwise, you may deliver the pamphlet anytime before the renovation begins so long as the
renovation begins within 60 days of the date that the pamphlet is delivered. For example, if your
renovation is to begin May 30, you may deliver the pamphlet in person anytime between April 1
and start of the project on May 30, or you may deliver the pamphlet by mail anytime between April
1 and May 23.
Tips for Easy Compliance
1. For your convenience the sample forms on pages 23 and 25 of this handbook are
included in the Renovate Right pamphlet (see page 31 for information on how to get
copies). Attach the forms to the back of your customer renovation or repair contracts. The
completed forms can be filed along with your regular paperwork.
2. Plan ahead to obtain enough copies of the lead pamphlet (see page 31 for information on
how to get copies of the pamphlet).
16
-------
Where Can I Get More Information?
Further information is available from the National Lead Information Center (800-424-LEAD) and on
the Internet at www.epa.gov/lead. Available resources include:
Full text version of the Lead-Based Paint Renovation, Repair, and Painting Program regulation.
Interpretive guidance which provides more detailed information on the rule's requirements.
A downloadable version of the lead pamphlet.
Why Is Lead Paint Dangerous?
Lead gets into the body when it is swallowed or inhaled. People,
especially children, can swallow lead dust as they eat, play, and do
other normal hand-to-mouth activities. People may also breathe in
lead dust or fumes if they disturb lead-based paint. People who
sand, scrape, burn, brush, blast or otherwise disturb lead-based
paint risk unsafe exposure to lead.
Lead is especially dangerous to children under 6 years of
age.
Lead can affect children's brains and developing nervous
systems, causing:
Reduced IQ and learning disabilities.
Behavioral problems.
Even children who appear healthy can have dangerous levels of lead in their bodies.
Lead is also harmful to adults. In adults, low levels of
lead can pose many dangers, including:
High blood pressure and hypertension.
Pregnant women exposed to lead can transfer lead to their
fetus.
17
-------
Other Resources
For additional information on how to protect yourself and your customers from lead paint hazards,
visit www.epa.gov/lead or call the National Lead Information Center at 1 -800-424-LEAD (5323).
Available documents include:
Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and
Schools
Joint EPA-HUD Curriculum: Lead Safety for Remodeling, Repair, and Painting
Lead Paint Safety: A Field Guide for Painting, Home Maintenance, and Renovation Work
Testing Your Home for Lead in Paint, Dust, and Soil
Fight Lead Poisoning with a Healthy Diet
Protect Your Family From Lead in Your Home
Lead in Your Home: A Parent's Reference Guide
18
-------
Key Terms
Certificate of Mailing A written verification from the Postal Service that you mailed the lead
pamphlet to an owner or a tenant. This is less expensive than certified mail, which is also
acceptable for meeting the Lead-Based Paint Renovation, Repair, and Painting Program
requirements. (Note: If using this delivery option, you must mail the pamphlet at least seven days
prior to the start of renovation.)
Certified Inspector or Risk Assessor An individual who has been trained and is certified by
EPA or an authorized state or Indian Tribe to conduct lead-based paint inspections or risk
assessments.
Child-occupied Facility May include, but is not limited to, day care centers, pre-schools and
kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or
commercial buildings. The regulation defines a "child-occupied facility" as a building, or portion of
a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on
at least two different days within any week (Sunday through Saturday period), provided that each
day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the
combined annual visits last at least 60 hours.
Cleaning Verification Card a card developed and distributed, or otherwise approved, by EPA
for the purpose of determining, through comparison of wet and dry disposable cleaning cloths
with the card, whether post-renovation cleaning has been properly completed.
Common Area A portion of a building that is generally accessible to all residents or users.
Common areas include (but are not limited to) hallways, stairways, laundry rooms, recreational
rooms, playgrounds, community centers, and fenced areas. The term applies to both interiors and
exteriors of the building. (Note: Lead-Based Paint Renovation, Repair, and Painting Program
requirements related to common areas apply only to multi-family housing.)
Component A specific design or structural element or fixture distinguished by its form,
function, and location. A component can be located inside or outside the dwelling.
Examples
Interior
Ceilings
Crown molding
Walls
Doors and trim
Floors
Fireplaces
Radiators
Shelves
Stair treads
Windows and trim
Built-in cabinets
Beams
Bathroom vanities
Counter tops
Air conditioners
Exterior
Painted roofing
Chimneys
Flashing
Gutters and downspouts
Ceilings
Soffits
Doors and trim
Fences
Floors
Joists
Handrails
Window sills and sashes
Air conditioners
J
19
-------
Confirmation of Receipt of Lead Hazard Information Pamphlet A form that is signed by the
owner or tenant of the housing confirming that they received a copy of the lead pamphlet before
the renovation began. (See sample on page 23.)
Emergency Renovation Unplanned renovation activities done in response to a sudden,
unexpected event which, if not immediately attended to, presents a safety or public health hazard
or threatens property with significant damage.
Examples
Renovation to repair damage from a tree that fell on a house.
Renovation to repair a burst water pipe in an apartment complex.
Interim controls performed in response to an elevated blood lead level in a resident child.
Firm A company, partnership, corporation, sole proprietorship or individual doing business,
association, or other business entity; a Federal, State, Tribal, or local government agency; or a
nonprofit organization.
General Contractor One who contracts for the construction of an entire building or project,
rather than for a portion of the work. The general contractor hires subcontractors (e.g. plumbing,
electrical, etc.), coordinates all work, and is responsible for payment to subcontractors.
Housing for the Elderly Retirement communities or similar types of housing specifically
reserved for households of one or more persons 62 years of age or older at the time the unit is
first occupied.
Interim Controls Interim controls means a set of measures designed to temporarily reduce
human exposure or likely exposure to lead-based paint hazards, including specialized cleaning,
repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint
hazards or potential hazards, and the establishment and operation of management and resident
education programs.
Lead Abatement Work designed to permanently eliminate lead-based paint hazards. If you are
hired to do lead-abatement work only, the Lead-Based Paint Renovation, Repair, and Painting
Program does not apply. Abatement does not include renovation, remodeling, or other activities
done to repair, restore, or redesign a given building even if such renovation activities incidentally
eliminate lead-based paint hazards. (Note: Some states define this term differently than described
above. Consult your state officials if you are not sure how "lead abatement" is defined in your
state.)
Lead Pamphlet Beginning in December 2008, the lead hazard information pamphlet for the
purpose of pre-renovation education will be Renovate Right: Important Lead Hazard Information
for Families, Child Care Facilities and Schools, or an EPA-approved alternative pamphlet. Until that
time either the Renovate Right, Protect Your Family from Lead in Your Home, or an EPA-approved
alternative pamphlet may be used for the purpose of pre-renovation education (See page 31 for
information on obtaining copies.)
20
-------
Minor Repair and Maintenance Activities that disrupt 6 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 prohibited work practices is used and where the work does not involve window
replacement or demolition of painted surface areas. When removing painted components, or
portions of painted components, the entire surface area removed is the amount of painted surface
disturbed. Jobs, other than emergency renovations, performed in the same room within the same
30 days must be considered the same job for the purpose of determining whether the job is a
minor repair and maintenance activity.
Owner Any person or entity that has legal title to housing, including individuals, partnerships,
corporations, government agencies, Indian Tribes, and nonprofit organizations.
Prohibited Practices Work practices listed below are prohibited during a renovation:
Open-flame burning or torching of lead-based paint;
Use of machines that remove lead-based paint through high speed operation such as sanding,
grinding, power planing, needle gun, abrasive blasting, or sandblasting, unless such machines
are used with HEPA exhaust control; and
Operating a heat gun on lead-based paint at temperatures above 1100 degrees Fahrenheit.
Record of Notification A written statement documenting the steps taken to notify occupants
of renovation activities in common areas of multi-family housing. (See page 27 for sample.)
Renovation Modification of all or part of any existing structure that disturbs a painted surface,
except for some specifically exempted activities (e.g., minor repair and maintenance). Includes:
Removal/modification of painted surfaces, components, or structures
Surface preparation activities (sanding/scraping/other activities that may create paint dust)
Window replacement
Examples
1. Demolition of painted walls or ceilings
2. Replastering
3. Plumbing repairs or improvements
4. Any other activities which disturb painted surfaces
Renovation Notice Notice to tenants of renovations in common areas of multi-family housing.
(See sample form on page 27.) Notice must describe nature, location, and expected timing of
renovation activity; and must explain how the lead pamphlet may be obtained free of charge.
Renovator A person who either performs or directs workers who perform renovation. A
certified renovator is a renovator who has successfully completed a renovator course accredited
by EPA or an EPA authorized State or Tribal program. (Note: Because the term "renovation" is
defined broadly by the Lead-Based Paint Renovation, Repair, and Painting Program, many
contractors who are not generally considered "renovators", as that term is commonly used, are
considered to be "renovators" under the program and must follow the rule's requirements.)
21
-------
Self-Certification of Delivery An alternative
method of documenting delivery of the lead hazard
information pamphlet to a tenant. This method may
be used whenever the tenant is unavailable or
unwilling to sign a confirmation of receipt of lead
pamphlet. (See sample form on page 23.) (Note:
This method is not a permissible substitute for
delivery of the lead pamphlet to an owner.)
Supplemental Renovation Notice additional
notification that is required when the scope, location,
or timing of project changes.
Zero-Bedroom Dwelling Any residential dwelling
where the living area is not separated from the
sleeping area. This term includes efficiency and
studio apartments, dormitory housing, and military barracks.
22
-------
Current Sample Pre-Renovation Form
For use until April 2010.
Confirmation of Receipt of Lead Pamphlet
I have received a copy of the lead pamphlet informing me of the potential risk of the lead hazard
exposure from renovation activity to be performed in my dwelling unit. I received this pamphlet before
the work began.
Printed name of recipient Date
Signature of recipient
Self-Certification Option (for tenant-occupied dwellings only) If the lead pamphlet was delivered but
a tenant signature was not obtainable, you may check the appropriate box below.
Refusal to sign I certify that I have made a good faith effort to deliver the lead pamphlet to the rental
dwelling unit listed below at the date and time indicated and that the occupant refused to sign the
confirmation of receipt. I further certify that I have left a copy of the pamphlet at the unit with the
occupant.
Unavailable for signature I certify that I have made a good faith effort to deliver the lead pamphlet
to the rental dwelling unit listed below and that the occupant was unavailable to sign the confirmation
of receipt. I further certify that I have left a copy of the pamphlet at the unit by sliding it under
the door.
Printed name of person certifying attempted delivery
Date and time lead pamphlet delivery
Signature of person certifying lead pamphlet delivery
Unit Address
Note Regarding Mailing Option As an alternative to delivery in person, you may mail the lead
pamphlet to the owner and/or tenant. Pamphlet must be mailed at least 7 days before renovation
(Document with a certificate of mailing from the post office).
23
-------
24
-------
Future Sample Pre-Renovation Form
This sample form may be used by firms to documenf compliance wifh fhe requirements of fhe Federal
Lead-Based Painf Renovafion, Repair, and Painting Program after April 2010.
Occupant Confirmation
Pamphlet Receipt
I have received a copy of the lead hazard information pamphlet informing me of the potential risk of the
lead hazard exposure from renovation activity to be performed in my dwelling unit. I received this
pamphlet before the work began.
Owner-occupant Opt-out Acknowledgment
(A) I confirm that I own and live in this property, that no child under the age of 6 resides here, that no
pregnant woman resides here, and that this property is not a child-occupied facility.
Note: A child resides in the primary residence of his or her custodial parents, legal guardians, foster parents,
or informal caretaker if the child lives and sleeps most of the time at the caretaker's residence.
Note: A child-occupied facility is a pre-1978 building visited regularly by the same child, under 6 years of
age, on at least two different days within any week, for at least 3 hours each day, provided that the visits
total at least 60 hours annually.
If Box A is checked, check either Box B or Box C, but not both.
(B) I request that the renovation firm use the lead-safe work practices required by EPAs Lead-Based
Paint Renovation, Repair, and Painting Rule; or
(C) I understand that the firm performing the renovation will not be required to use the lead-safe work
practices required by EPAs Lead-Based Paint Renovation, Repair, and Painting Rule.
Printed Name of Owner-occupant
Signature of Owner-occupant Signature Date
Renovator's Self Certification Option (for tenant-occupied dwellings only)
Instructions to Renovator: If the lead hazard information pamphlet was delivered but a tenant signature was
not obtainable, you may check the appropriate box below.
Declined - I certify that I have made a good faith effort to deliver the lead hazard information pamphlet
to the rental dwelling unit listed below at the date and time indicated and that the occupant declined to
sign the confirmation of receipt. I further certify that I have left a copy of the pamphlet at the unit with the
occupant.
Unavailable for signature - I certify that I have made a good faith effort to deliver the lead hazard
information pamphlet to the rental dwelling unit listed below and that the occupant was unavailable to
sign the confirmation of receipt. I further certify that I have left a copy of the pamphlet at the unit by
sliding it under the door or by (fill in how pamphlet was left)
Printed Name of Person Certifying Delivery Attempted Delivery Date
Signature of Person Certifying Lead Pamphlet Delivery
Unit Address
Note Regarding Mailing Option As an alternative to delivery in person, you may mail the lead hazard
information pamphlet to the owner and/or tenant. Pamphlet must be mailed at least 7 days before
renovation. Mailing must be documented by a certificate of mailing from the post office.
25
-------
26
-------
Sample Forms (continued)
Renovation Notice For use in notifying tenants of renovations in common areas of multi-family
housing.
The following renovation activities will take place in the following locations:
Activity (e.g., sanding, window replacement)
Location (e.g., lobby, recreation center)
The expected starting date is and the expected ending date is
Because this is an older building built before 1978, some of the paint disturbed during the renovation
may contain lead. You may obtain a copy of the pamphlet, Protect Your Family From Lead in Your
Home, by telephoning me at Please leave a message and be sure to include your
name, phone number and address. I will either mail you a pamphlet or slide one under your door.
Date Printed name of renovator
Signature of renovator
Record of Tenant Notification Procedures Procedures Used For Delivering Notices to Tenants of
Renovations in Common Areas
Project Address:
Street (apt. #)
City State Zip Code
Owner of multi-family housing Number of dwelling units
Method of delivering notice forms (e.g. delivery to units, delivery to mailboxes of units)
Name of person delivering notices
Signature of person delivering notices Date of Delivery
27
-------
28
-------
Future Sample Renovation Recordkeeping Checklist
(effective April 2010)
Name of Firm:
Dafe and Location of Renovation:.
Brief Description of Renovation:
Name of Assigned Renovator:
Name(s) of Trained Worker(s), if used:.
Name of Dust Sampling Technician,
Inspector, or Risk Assessor, if used:
Copies of renovator and dust sampling technician qualifications (training certificates, certifications) on file.
Certified renovator provided training to workers on (check all that apply):
Posting warning signs Setting up plastic containment barriers
Maintaining containment Avoiding spread of dust to adjacent areas
Waste handling Post-renovation cleaning
Test kits used by certified renovator to determine whether lead was present on components affected
by renovation (identify kits used and describe sampling locations and results):
- Warning signs posted at entrance to work area.
- Work area contained to prevent spread of dust and debris
All objects in the work area removed or covered (interiors)
HVAC ducts in the work area closed and covered (interiors)
Windows in the work area closed (interiors)
Windows in and within 20 feet of the work area closed (exteriors)
Doors in the work area closed and sealed (interiors)
Doors in and within 20 feet of the work area closed and sealed (exteriors)
Doors that must be used in the work area covered to allow passage but prevent spread of dust
Floors in the work area covered with taped-down plastic (interiors)
Ground covered by plastic extending 10 feet from work areaplastic anchored to building and
weighed down by heavy objects (exteriors)
If necessary, vertical containment installed to prevent migration of dust and debris to adjacent
property (exteriors)
-Waste contained on-site and while being transported off-site
- Work site properly cleaned after renovation
All chips and debris picked up, protective sheeting misted, folded dirty side inward, and taped for
removal
Work area surfaces and objects cleaned using HEPA vacuum and/or wet cloths or mops (interiors)
- Certified renovator performed post-renovation cleaning verification (describe results, including the
number of wet and dry cloths used):
If dust clearance testing was performed instead, attach a copy of report.
-1 certify under penalty of law that the above information is true and complete.
Name and title Date
29
-------
30
-------
Where Can I Get Copies of the Lead Pamphlet?
For single copies, in Spanish or English, of Renovate Right: Important Lead Hazard Information for
Families, Child Care Facilities and Schools (EPA740-F-08-002), or Protect Your Family from Lead
in Your Home (EPA-747-K-99-001) (in Spanish or English), call the National Lead Information
Center (NLIC) at 1 -800-424-LEAD. For any orders, be sure to use the appropriate stock reference
number listed above.
There are four ways to get multiple copies:
1 . Call the Government Printing Office order desk at
(202)512-1800.
2. Send fax requests to (202) 51 2-2233.
3. Request copies in writing from:
Superintendent of Documents
P.O. Box371954
Pittsburgh, PA 15250-7954
4. Obtain copies via the Internet at
www.epa.gov/lead/pubs/brochure.htm
v fight
Single copies are available at no charge. Multiple
copies available for a fee in packs of 50.
The pamphlet may be photocopied for
distribution as long as the text and graphics
are readable.
Paperwork Reduction Act Notice: The incremental public burden for the collection of information contained in the Lead
Renovation, Painting and Repair Program, which are approved under OMB Control No. 2070-0155 and identified under
EPA ICR No. 1715, is estimated to average approximately 54 hours per year for training providers. For firms engaged in
regulated renovation, repair, and painting activities, the average incremental burden is estimated to be about 6.5 hours
per year. Comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions for reducing the burden, may be sent to: Director, Collection Strategies Division, Office of Environmental
Information, U.S. Environmental Protection Agency (Mail Code 2822T), 1200 Pennsylvania Avenue, N.W., Washington,
D.C. 20460. Include the OMB number identified above in any correspondence. Do not send any completed form(s) to
this address. The actual information or form(s) should be submitted in accordance with the instructions accompanying
the form(s), or as specified in the corresponding regulations.
31
-------
NOTICE
This guide was prepared pursuant to section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), Pub, L, 104-121. THIS DOCUMENT IS NOT
INTENDED, NOR CAN IT BE RELIED UPON, TO CREATE ANY RIGHTS ENFORCEABLE BY
ANY PARTY IN LITIGATION WITH THE UNITED STATES. The statements in this document
are intended soieiy as guidance to aid you in complying with the Lead-Based Paint
Renovation, Repair, and Painting Program requirements in 40 CFR 745, Subpart E. EPA
may decide to revise this guide without public notice to reflect changes in EPA's approach
to implementing the Lead-Based Paint Renovation, Repair, and Painting Program or to
clarify and update text. To determine whether EPA has revised this guide and/or to obtain
copies, contact EPA's Small Business Ombudsman at 202-566-2075, or contact the
National Lead Information Center at 1-800-424-LEAD(5323), or on the web at
www.epa.gov/lead/pubs/nlic.htm.
------- |