United States
Environmental Protection
Agency
Prevention, Pesticides,
and Toxic Substances
(7404)
EPA-747-F-06-001
December, 2005
http://www.epa.gov/lead
&EPA FACT SHEET
Proposed Rule Establishing Requirements To Protect Children
During Renovation, Repair and Painting Activities that Disturb Lead-
Based Paint
The Agency is proposing some simple but effective work practice standards that can reduce potential exposure to
dangerous levels of lead for residents, especially children. These work practice standards and training requirements
would apply to persons engaged in renovation, repair, and painting activities that disturb lead-based paint in housing
built before 1978. This proposal is one component of a comprehensive program that will also include training and an
education and outreach campaign to promote lead-safe work practices. This program will help to meet the goal of
eliminating childhood lead poisoning as a major public health concern by the year 2010. While the Consumer Product
Safety Commission banned lead-based paint for residential use in 1978, more than 38 million U.S. homes still contain
some lead-based paint, with two-thirds of the houses built before 1960 containing lead-based paint. Renovation
activities that disturb lead-based paint can create lead hazards. The proposal and additional information can be
accessed on the Internet at http://www.epa.gov/lead.
What is covered by the proposed rule?
The proposed rule would apply to housing with
lead-based paint built before 1978. EPA is
proposing a two-phased approach, with the first
phase focusing on rental and owner-occupied
housing built before 1978 where a child has an
elevated blood lead level, in rental housing built
before 1960 and in owner-occupied housing built
before 1960 where children under age six reside.
The second phase would apply to renovations in
rental housing built between 1960, and 1978 and
to owner-occupied housing built after 1960 and
before 1978 where children under six reside.
What does the proposal require?
The proposed rule, issued under the authority of
section 402(c)(3) of the Toxic Substances Control
Act (TSCA), would require that renovators are
trained in the use of lead safe work practices, that
renovators and firms be certified, that providers of
renovation training be accredited, and that
renovators follow renovation work practice
standards. The standards would apply to all
persons who do renovation for compensation,
including renovation contractors, maintenance
workers in multi-family housing, painters and other
specialty trades.
What work practices are being proposed?
These are examples of work practices described in the
proposal.
• Renovations would be performed by certified firms.
• Certified firms would use certified renovators to
perform certain activities and would provide on-the-
job-training for uncertified workers.
• Firms would 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.
• Before beginning the renovation, the firm would
isolate the work area so that no visible dust or debris
leaves the work area while the renovation is being
performed.
• Waste from renovation activities would be contained
to prevent releases of dust and debris.
• After the renovation is complete, the firm would clean
the work area. A certified renovator may verify the
cleanliness of the work area using a procedure
involving disposable cleaning cloths.
What are the responsibilities of the firm?
In the proposal, firms performing renovations would
have to ensure that:
• All persons performing renovation activities are
certified renovators or have received on-the-job-
training by a certified renovator;
• A certified renovator is assigned to each renovation
performed by the firm; and
• All renovations are performed in accordance with
applicable work practice standards.
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How would a firm become certified?
Under the proposed rule, firms that perform
renovations for compensation would apply to EPA
for certification to perform renovations. Firms
would have to apply for re-certification every three
years.
How would renovators and sampling
technicians become certified?
As proposed, a person can become:
• A certified renovator by either successfully
completing an accredited renovator training
course, or being a certified lead-based paint
abatement supervisor or worker;
• A certified sampling technician by either
successfully completing an accredited
sampling technician course, or being a certified
lead-based paint inspector or risk assessor.
To maintain certification, a person would complete
an accredited refresher course every three years.
What is the role of the certified renovator?
As proposed, a certified renovator:
• Performs or directs uncertified workers
performing regulated renovation activities;
• Provides training to uncertified workers on lead
safe work practices;
• Would be required to be at the work site during
key stages of a renovation, and at other times
be available on-site or by telephone; and
• May use an acceptable test kit to determine
whether lead-based paint is present in affected
areas.
What is the role of a certified sampling
technician?
Although the proposed rule does not require that
dust samples be taken or clearance testing, it
does describe a certified dust sampling
technician's role as one that collects dust
samples, sends the collected samples to a
recognized laboratory, and compares the results
to established clearance levels.
How do training programs become
accredited?
Under the proposed rule, training programs that
wish to provide accredited renovation training
would apply to EPA for accreditation to provide
renovation or dust sampling training.
What role do the States have in this regulation?
The proposed rule contains procedures for the
authorization of States, Territories, and Tribes to
administer and enforce these standards and regulations
in lieu of a federal program.
What is not covered by the proposal?
The proposal would not apply to:
• Owner-occupied housing where children under six do
not reside;
• Minor repair and maintenance activities that disrupt
two square feet or less of painted surface per
component; and
• Renovations where specified methods have been
used to determine that the areas affected by the
renovation are free of lead-based paint.
How do I submit comments on the proposed rule?
After publication, submit your comments, identified by
Docket ID number EPA-HQ-OPPT-2005-0049 online
through the Federal eRulemaking Portal:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments. Other methods for
submitting comments are also described in the proposed
rule.
When must comments be submitted?
Comments are due to EPA within 90 days of publication
in the Federal Register.
How do I access the docket?
Publicly available docket materials are available either
electronically at http://www.reQulations.Qov (Docket
EPA-HQ-OPPT-2005-0049) or in hard copy at the EPA
Docket Center, EPA West, Rm. B102, 1301 Constitution
Ave., NW., Washington, D.C.
Where can I get more information?
For general information contact the National Lead
Information Center at 1-800-424-LEAD. Information is
also available on EPA's website at
http://www.epa.gov/lead. For technical information
regarding this rule, contact Mike Wilson at (202) 566-
0521 or by e-mail at wilson.mike@epa.gov.
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