EPA’s Rule on Remodeling & Renovation

(Subject to EPA changes) :**

Current Time Frame :

April 2008

– Rule Published

December 22, 2008

- Distribute new pamphlet: “RENOVATE RIGHT’

o Distribute no more than sixty (60) days prior to start

 To owner

 All occupa nts affected in a multi

- family setting

 Post on signs at COF (Child Occupied Facility) & common area s

o Signature of receipt or certification of attempt to present

October 2009

– Firms can apply for certification (copy of application enclosed)

Proposed Trai ning Date for “Certified Renovator” certificate: (Details will be

announced when definite.)

o January 14, 2010

- Remodelers of Central Illinois

– Place to be determined

o February 8

- 10, 2010

– Peoria at the “Illinois Lumberman’s Material &

Product Show

.

April 20 1 0

– Full Compliance

7/15/11 Requirement for dust sampling, not just clearance

7/15/13 Exteriors of public/commercial buildings covered by law

2015 Interiors of public/commercial buildings covered by law

(1)What we know:

Firms can get c ertified starting 10/09 ( www.EPA.gov/lead )

o cost $300.00

o valid for 3 years

o no training required

Individuals need training “Certified Renovator”

o Every “Certified Renovator” must work for a “Certified Firm”

o Every projec t must have a “Certified Renovator”

 At the start to verify conditions prior to renovation

 During to verify lead safe work practices are being followed or be

assessable by phone

 At end to document and verify cleaning verification

 File documentation for 3 ye ars

o Training of workers can be done by Certified Renovator

o Advise all the leads ( workers ) to be come “Certified Renovators”

 Certification is for the person, not firm

 Agreement if worker leaves employment before a specified time,

the worker pays for the trai ning and certification fee

See reference materials ( www.epa.gov/lead )

o “Steps to Lead Sa

f e Renovation, Repair and Painting”

o “Small Entity Compliance Guide to Renovate Right”

Prior to starting the renovation, lead an d dust levels need to be documented

EPA has approved two lead testing kit s (tools)

o Lead Check swabs

 Lead Check @ www.LeadCheck.Com

 Don Robart drobart@LeadCheck.com

 508

- 6 51

- 7881 or fax 508

- 651

- 8837

 Cost are $ 1 to $2 depending on quantity ordered

 Down side to swabs

There shelf life of the swabs

Will detect minute amounts of lead, sometimes below

accepted levels

o Testing tool with meter

 Advantage will tell exactly amount of lead present

(2) Disadvantage cost is $17,000. +

Need to post sign defining work area with notice to keep out including pets

Prohibits the use of tools, vacuums, sanders , grinders, etc., without HEPA filters

Prohibits the use of heat guns over 1,100 degrees Fahrenheit

Score paint with a utility knife before separating components.

Pry and pull apart components instead of pounding and hammering

What to do to prepare workers for renovation:

Educate, Train and then repeat

We ar protective clothing

o Disposable shoe covers (booties)

o Disposable respirator (N100)

o D isposable gloves

o Disposable coveralls

o Use wet sanders and misters to keep down the dust created during

sanding, drilling and cutting

o Wo r k area, including floors must be e nclosed with dual layer of heavy

plastic sheeting

(3)What to do on a daily basis:

Pick up as you go

Put trash in heavy

- duty plastic bags

Vacuum the work area with a HEPA vacuum cleaner frequently during the day

and at the end of the day

Vacuum with HEPA filter all

o Articles of clothing

o Tools

o Shoes and soles of shoes

o Radios

o Materials before leaving the enclosed work area

Remove dusty and/or dirty layer of plastic sheeting carefully, fold it with the

dirty side in, tape it shu t, and dispose of it away from residents.

Replace with new layer of plastic sheeting

Clothing should be washed separately from rest of family’s laundry

Wash up each time you take a break, especially before eating and before you go

home

Dispose of or clean off your personal protective equipment

Continue to separate the work area from the rest of the home and remind the

residents to stay out of the area

(4)Wh at to do wh en job is complete:

Remove plastic sheeting carefully, fold it with t he dirty side in, tape it shut, and

dispose of it away from residents.

Make sure trash and debris, including building components are disposed of

properly

Vacuum all surfaces, including walls, with a HEPA vacuum cleaner

Mist and scrub the work area with a g eneral

- purpose cleaner on a wet rag or

mop, changing the rinse water often until dust and debris are moved

Vacuum all surfaces again once they are dry

Visually inspect your work

Look around the home, both inside and out

No dust, paint chips or debris shoul d be visible

Re

- clean as previously describe if you find any dust and/or debris

Cleaning verification needed to be documented

o by a clean white cloth test compared to control chart

o by “Certified Renovator”

 all information and kept on file for 3 years incl uding :

pre

- construction data

white cloths

written reports on process

final results of cleaning verification

pictures (before and after would be a good idea)

(5)** Currently proposed changes to Federal Law ( www.NAHB.org/lead

)

See NAHB letter calling for Remodelers to take action against these changes

. NAHBR

opposes these changes and action must be taken now.

Follow instructions on enclosed copy of e

- mail and e

- mail your congressman no w.

Deadline for opposition is 11

- 27

- 09.

1. Remove the opt out option

2. Required to give the home owner a compliance checklist document to be passed

along to future owners describing in detail what, where, how and when the

renovation took place.(6)

R esources:

1. www.epa.gov/lead/pubs/renovation.htm

2. www.epa.gov/lead (click on red tool box, lower right hand corner) printed web p ages(2) enclosed

a. for the Renovation Firm application form & instructions (cost $300.00)

b. “Renovate Right” brochure

c. “Small Entity Compliance Guide”

d. “Steps to Lead

- Safe Renovation, Repair and Painting” brochure

e. Actual law

f. Sample record keeping forms. (not f ormally approved as of this date)

3. Matt Watkins with NAHB Staff at mwatkins@nahb.com or 202

- 266

- 8327

4. For the “ RENOVATE RIGHT” Brochure

ht tp://www.epa.gov/lead/pubs/renovaterightbrochure.pdf

5. Lead Check Swabs www.LeadCheck.com

a. Don Robart

b. Phone # 508

- 651

- 7881

c. Fax # 508

- 651

- 8837

d. drobart@LeadCheck.com

e. HybriVet Systems, Inc.

PO Box 1210

Framingham, MA 01701

(7)November X X , 2009

Marc Edmonds

Document Control Office (7407M)

Office of Pollution Prevention and Toxics

U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW

Washington, DC 20460

- 0001

RE: Lead; Amendment to the Opt

- out and Recordkeeping Provi sions in the Renovation, Repair,

and Painting Program

, EPA

- HQ

- OPPT

- 2005

- 0049

Dear Mr. Edmonds :

I am writing to submit comments on the proposed Amendment to the Opt

- out and Recordkeeping

Provisions in the Renovation, Repair, and Painting Program , published in the Federal Register on

October 28, 2009. As a professional remodeler, the proposal to remove the opt

- out provision

(for owners of pre

- 1978 houses without children under age six or pregnant women residing in the

home ) will have a disastrous effect on my business b y making remodeling jobs more expensive

and deterring home owners from hiring a professional remodeler

.

The $35 per job increase estimated by EPA grossly understates the costs to my company

. I

estimate that it will cost me $XXX per job to com ply with this rule, not including the cost to

certify my firm and take the required course to become a certified renovator. I have provided

additional detail on this estimate on the attached worksheet

. I believe the increased costs will

greatly enhance th e likelihood that home owners will delay necessary renovations, hire an

unscrupulous contractor, or attempt the work themselves and ris k exposure to lead.

EPA estimates that r emoving the opt

- out provision makes about 4 0 million more homes subject

to the ru le. However, EPA has offered no new data or explanation to justify this expansion. As

EPA recognized the first time it issued the Lead; Renovation, Repair, and Painting Rule (L RRP

Rule )

, t he out

- out provision gives flexibility to home owners without childr en under six or

pregnant women in the home to decide for themselves the level of protection that meets their

needs

.

Previous studies have shown that a professional remodeler improves the conditions of a home.

And in the case of lead paint, the work and t horough clean up can reduce lead paint dust in the

home, minimizing potential exposure. Professional remodelers want to do the best work for their

clients, but burdensome regulation inhibits our ability to get the job done and puts home owners

at risk of h iring unscrupulous contractors

.

Thank you for your consideration in reviewing my com m ents.

Sincerely,

REMODELERATTACHMENT

Estimated Cost to Comply with EPA’s LRRP Rule

Initial Compliance Costs

Employee Training (Avg. $150

- $300) $

Firm Certification $ 300

Additional Insurance $

Specialized Tools (HEPA vacuum,

shrouded tools, etc.) $

Total Initial Compliance Costs $

Compliance Costs per Job

Labor # hours X $ per hour = Total Per Job

On

- the

- Job Worker Training $

Containment Labor Costs $

Cleaning Labor Costs: $

Post

- Cle aning Verification Labor

Costs $

Total Labor Costs p er Job $

Materials

Plastic sheeting $

HEPA vacuum filters $

Other (tape, suits, paper respirators, etc.) $

Total Materials Cost s per Job $

Tot al estimated cost of compliance per job (labor + materials ) : $ _________