Lead Safety
October 23rd-29th 2011 is lead Poisoning Awareness Week!
Small children and pregnant women are in danger of lead poisoning if the demolition phase of a pre-1978 home renovation isn’t handled properly. To commemorate National Lead Poisoning Prevention Week, the National Association of the Remodeling Industry ( NARI) and its members are reaching out to community organizations, such as Parent-Teacher Associations, to educate and raise awareness of the dangers of lead poisoning that can be caused by the demolition phase of a remodeling project. Please help support us by sending this letter to your local PTA. A full powerpoint presentation is available here.
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Renovate Right Brochure (NEW- April 2010)
As of July 6, 2010 all contractors need to be using this brochure
Are you working on pre-1978 homes?
Have you received your EPA LRRP Certificate yet?
If so, send your state or federal certification number in to NARI National so Homeowners can see you are WPA Lead Safe Certified.
NARI is adding your certification number to your company listing on both NARI.org and NARIremodelers.com "Find a Professional" web search.
Just send in your state or federal certification number to info@nari.org or fax it to 847-298-9225 with your company name and we'll add it for you.
To see a list certified NARI members click here. If your company is a NARI members and lead certified and you do not appear on the list, simply contact the office!
TO ALL NARI OF MADISON MEMBERS: Most of us are aware of the new LRRP rule which became effective 4/22/2010. I trust that everyone has gone through the training and certification process or is in the process of doing so. Recently the EPA has offered an amendment to the rule which, if enacted, will make our remodeling projects on pre-1978 homes even more complicated and expensive for our clients and our selves.
The essence of the proposed amendment would require lab testing of the post dust wipe now required in the current LRRP. The sample would have to clear the current “acceptable” level of lead before homeowners can re-occupy the space.
The EPA estimates $160 per room in testing cost. In Wisconsin testing can only be done by state certified risk assessors and the cost is about $240 per room. If we are working in up to four rooms on one job this could get extremely expensive. All kitchen cabinet replacements in pre 1978 homes will fall under this rule as will most door and window repairs and replacements.
LARGE CONCERN: If contractors must provide post dust wipe lab results to their clients do we set ourselves up for greater liability without doing a “pre-test” to show the levels prior to our arrival on the job? I don’t know the right answer but it is a definitely a concern
I would encourage all members who are required to be Lead Safe Certified to read through the amendment and submit comments directly to the EPA website.
Comments can be made directly on the EPA website which is accessible through this NARI National site which also states NARI’s position:
http://www.nari.org/media/releases/article.asp?SECTION_ID=2&ARTICLE_ID=1059&
SUMMARY OF THE AMENDMENT FROM EPA:
“EPA is proposing several revisions to the 2008 Lead Renovation, Repair, and Painting Program (RRP) rule that established accreditation, training, certification, and recordkeeping requirements as well as work practice standards for persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. EPA is particularly concerned about dust-lead hazards generated by renovations because of the well documented toxicity of lead, especially to younger children. This proposal includes additional requirements designed to ensure that lead-based paint hazards generated by renovation work are adequately cleaned after renovation work is finished and before the work areas are re-occupied. Specifically, EPA is proposing to require dust wipe testing after many renovations covered by the RRP rule. For a subset of jobs involving demolition or removal of plaster through destructive means or the disturbance of paint using machines designed to remove paint through high speed operation, such as power sanders or abrasive blasters, this proposal would also require the renovation firm to demonstrate, through dust wipe testing, that dust-lead levels remaining in the work area are below regulatory levels.”
A link to the proposed rule in the Federal Register is at:
http://edocket.access.gpo.gov/2010/pdf/2010-10102.pdf
Best Regards,
Sam Breidenbach
Frequent Questions on EPA's June 18, 2010 Implementation Guidance for the Renovation, Repair and Painting Rule
File with the WI DHS
**IMPORTANT UPDATE**
Contractors may not use test kits to either confirm the presence of lead-based paint or its absence. Test kits may not be used by contractors as none are approved for use in Wisconsin. Contractors also may not use test kit information provided by homeowners to confirm the presence or absence of lead-based paint. Lead-based paint does not need to be confirmed – it is either known based on laboratory or XRF results or it is assumed.
The only methods available for use in Wisconsin for contractors to determine the presence or absence of lead on painted or coated components are paint chip sampling or XRF readings conducted by certified lead inspectors or risk assessors.
Question about how the work practice provisions of the EPA and WI RRP rule as it applies to demolition or gut rehab jobs.
DHS talked about this issue with the staff from Dane County Habitat for Humanity Re-Store since they often remove components before a building is demolished. It was decided at that time that it does not make sense to protect a floor with plastic if the building is scheduled to be demolished and not re-occupied. A contractor should keep documentation that a building is scheduled to be demolished to justify (if it becomes necessary) why certain RRP procedures were not followed. (Why would we want to protect and clean a floor before destroying the house?) Of course the OSHA worker protection requirements for such jobs are still valid. It just makes sense to avoid spending time and money protecting a building from contamination if it will be destroyed and not re-occupied.
In the case of a gut rehab, each job could be different. To me, it makes sense to allow flexibility for contractors in terms of putting down plastic if the floors will later be removed and replaced before re-occupancy.
We are planning to put out some guidance on our web site on these issues when we can.
Joe Schirmer
E-mail: joseph.schirmer@wi.gov
Telephone: 608 266-5885
Fax: 608 267-0402
web site: http://dhs.wi.gov/lead/
Comments Requested on the EPA RRP Update
We would like your feedback regarding the EPA RRP Updates! Please visit the EPA's Lead in the News site to get more information.
To summarize:
The record keeping requirements have been changed. We now must give copies of our records within 30 days of the final invoice or completion of the project to the home owner or resident. The records that we turn over must demonstrate compliance with the training and work practices of the RRP rule, basically the checklist and the results of any testing.
The Opt-Out provision has been eliminated and lead safe work practices will apply to all pre 1978 houses. This is something we have been expecting and most of us were informed during our training this provision would be removed.
Both of these amendments are final and will take effect 60 days after publication in the Federal Register. The Renovate Right brochure will be amended accordingly by the EPA and NARI will alert its members when the new brochure is available.
The EPA also issued a guidance letter on April 20, 2010 to its Enforcement Division Directors in all regions announcing the rule would be fully effective on April 22, 2010. EPA will not take any enforcement action against firms who have applied for firm certification before April 22 and are just waiting for their paperwork, they expect these applications to be processed by June. EPA will still enforce rules about work practices and training requirements for these firms. This letter makes no mention of firms that apply after April 22 for firm certification so they are telling their enforcement people to go to work and begin enforcement.
If your firm is not certified and you do not have trained renovators on staff you will be breaking the law!
The EPA also published two proposed amendments to the RRP that are now open for comment. Lead: Clearance and Clearance Testing Requirements for RRP will require dust wipe testing after completing the existing cleaning verification procedures for some/most renovations. The EPA will be accepting comments on this proposal for 60 days and expects to finalize the amendment by July 2011.
Lead: RRP for Public and Commercial Buildings will apply lead-safe work practices and training requirements to public and commercial buildings. The EPA has set deadlines to issue a proposal by December 15, 2011 and take final action by July 15, 2013.
NARI will be actively involved during the comment period for both of these amendments. The changes to the clearance procures are a huge change and will make the renovation process much more expensive with required dust wipe samples sent to an independent testing lab for verification that lead levels are below prescribed levels. The current text is very confusing about the types of projects that this will effect, but it seems to be most projects!
In the publications made on the 23rd the EPA asks for specific comments on proposals made in these amendments. While anyone is free to make comments directly to the EPA, comments that come from an association, grouped together will carry more weight so we ask that you forward any comments directly to NARI so that we may compile an educated response to these amendments.
Look for more information about the proposed clearance testing from NARI in the immediate future.
Sincerely,
David Merrick, UDCR, MCR
Chairman, Government Affairs Committee
National Association of the Remodeling Industry (NARI)
Please comment here about the RRP update.
