The EPA has issued a FAQ document to help clarify their intent regarding the June 18, 2010 memo that delayed enforcement of the Certification requirements.  The text of the clarification document is as follows:

Frequent Questions on EPA's June 18, 2010 Implementation Guidance for the Renovation, Repair and Painting Rule

Q. Does EPA's announcement of June 18, 2010, modify the Lead Renovation Repair and Painting Rule's requirements that contractors use lead-safe work practices when working in pre-1978 housing or child-occupied facilities?

No. This announcement does not change the requirement that all contractors take steps to protect children and families from the dangers of lead poisoning by becoming certified and following the work practice standards and the associated recordkeeping requirements. As of April 22, all contractors have been required to be certified and follow the work practice standards described on EPA's website. The effect of the June 18 memorandum only provides firms more time to apply for and obtain certification as a lead-based paint renovation firm before active enforcement of the firm certification requirements begins. EPA is also providing individual workers additional time to enroll in and take the required training course to become certified lead-based paint renovators before active enforcement of the individual renovator training requirements begins. EPA will use its enforcement authority to ensure compliance by enforcing work practice standards and their associated recordkeeping requirements against all renovators and firms. Therefore, renovators who have not been able to complete the training requirements are advised to review EPA's model training materials available at www.epa.gov/lead/pubs/training.htm. Additional information on lead-safe work practices can be found at www.epa.gov/lead or obtained from the National Lead Information Center at 1-800-424-LEAD (5323).

All renovation firms, even those not yet certified under the RRP rule, are also reminded of their continuing obligations to comply with Lead Renovation, Repair and Painting Rule's pre-renovation information distribution requirements, which require that before firms begin each renovation on pre-1978 housing or child-occupied facilities and to comply with the associated recordkeeping requirements. These requirements are explained in EPA's Small Entity Compliance Guide to Renovate Right.

Q. Does the June 18, 2010, announcement mean that EPA will not enforce certification and training requirements until after October 1, 2010, for firms and December 31, 2010, for renovators?

A. EPA is not stopping its enforcement against any renovation firms and individual renovators who do not comply with requirements of work practice standards and associated recordkeeping requirements. However, EPA is providing additional time for renovation firms and workers to obtain the necessary training and certifications before enforcement of the firm certification and individual renovator requirements begins.

Renovation Firms. Until October 1, 2010, EPA will not take enforcement action for violations of the RRP rule's firm certification requirement.
Individual Renovators. EPA will not enforce against individual renovation workers for failure to be trained if the person has applied to enroll in, or has enrolled in, by not later than September 30, 2010, a certified renovator class to train contractors in practices necessary for compliance with the final rules. Individual renovators must complete the training by December 31, 2010. Renovators who have not been able to complete the training requirements are advised to review EPA's model training materials available at www.epa.gov/lead/pubs/training.htm. Additional information on lead-safe work practices can be found at www.epa.gov/lead or obtained from the National Lead Information Center at 1-800-424-LEAD (5323).

Q. Thousands of renovators are already trained and their firms are EPA certified. Will EPA enforce against renovators who did not receive their training certification before December 31, 2010?

A. It is most important that all contractors follow the RRP work practice standards. However, EPA is providing additional time for renovation firms and workers to obtain the necessary training and certifications before the enforcement of the firm certification and individual renovator requirements begins. Therefore, renovators who have not been able to complete the training requirements are advised to review EPA's model training materials available at www.epa.gov/lead/pubs/training.htm. Additional information on lead-safe work practices can be found at www.epa.gov/lead or obtained from the National Lead Information Center at 1-800-424-LEAD (5323).

Q. Doesn't the June 18 memorandum extend an unfair advantage to members of the regulated community who have delayed compliance with the certification and training requirements and punish those who have complied with the rule?

A. EPA does not believe that allowing more time for firms to become certified and renovators to become trained extends an unfair advantage. To the contrary, firms that are already certified can benefit by continuing to advertise that they are certified and may continue to use EPA's program logo during this interim period. The Agency also recognizes the challenges some are facing in obtaining training in a timely fashion and is providing additional time to individual renovators to enroll in and take the required training courses before the Agency actively enforces the individual renovator requirements. EPA is committed to encouraging additional training opportunities in every state to meet this demand for classes.

Q. How does the June 18 announcement impact renovators in states that have adopted their own RRP programs?

A. As of June 21, 2010, eight states -- Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, and Oregon - administer and enforce their own RRP programs.

Renovators working in these states must comply with all applicable state laws, notwithstanding this guidance.

Q. What happens if an individual applied or was accepted for training before October 1, 2010, but the course is cancelled or delayed by the training provider during that 90-day period (October 1 - December 31, 2010)? What recourse does the individual renovation worker have after 12/31/10?

A. The renovator must complete training by December 31, 2010. EPA encourages renovators and firms to take advantage of this opportunity and not delay in becoming trained and certified.

Q. How soon should renovation firms send their applications to EPA?

A. Firms should send their applications to EPA as soon as possible. All firms that are not certified by October 1, 2010, will be subject to penalties for failing to comply with the renovation firm requirements of the RRP rule. EPA has been working to expedite processing of applications but, under the regulations, may take up to 90 days.

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

Many remodelers have asked me about resources they can use to find out more about lead, lead poisoning and the EPA RRP rule.  When I ask them why they are looking for this information two common reasons seem to rise to the top.  First, they are looking to better educate themsleves about lead and lead poisoning so they can be better prepared to discuss the health risks of lead with their clients and prospects.  Second, they are looking for resources to share with their prospects and clients, either as part of their marketing efforts or to add to their web sites.

To help remodelers and others, I have collected the following resources.  If you know of additional resources that would be beneficial, please be sure to share them here by posting them to the comment area below. 

Helpful Videos:

-Remodeler Greg Antonioli of Out of the Woods Construction and Cabinetry, Inc posted his own public service announcement on his company's web site.  Click here to view Greg's PSA.  The video was produced by fellow NARI member Chuck Green of Perpetual Motion Pictures 

-In a blog by Monte Smith, Smith has posted 8 videos he found on YouTube.  In his blog, Smith states he assembled eight videos  that, if viewed, will allow the viewer a broad view of the lead/RRP subject from multiple points of view.  He also strongly encourages anyone and everyone to invest a little over an hour of their time to watch the videos and become familiar with this topic.

-Senator Jim Inhofe of Oklahoma says the RRP Rule is a serious problem and a jobs killer.  He offers more information on his website

Information About Working Lead-Safe

A Guide to working safely with residential lead paint

Field Guide for Painting, Home Maintenance and Renovation Work

How to Safely Change a Lead Contaminated HEPA Vac Bag

OSHA standards for cleaning a respirator apply to EPA RRP work

What do I need to know about Respirators when doing EPA RRP work?

Restricted Practices and Prohibited Practices under the EPA RRP Rule

 Web Site List:

(1) Information on Lead for Everyone:

leadfreekids.org

(2) Information regarding the Lead RRP rule on EPA's website:

http://www.epa.gov/oppt/lead/pubs/renovation.htm

(3) Information about all EPA's lead programs:

http://www.epa.gov/lead/

(4) The Federal Register notice for the rule (April 22, 2008):

http://www.epa.gov/fedrgstr/EPA-TOX/2008/April/Day-22/t8141.htm.

(5) Link to Federal Resister notice for opt-out provision removal on RRP rule (May 06, 2010):

http://edocket.access.gpo.gov/2010/pdf/2010-10100.pdf

(6) Pollution Prevention and Toxics Frequently Asked Questions with answers (Note the expandable topics list and key word search feature on the right side of the page):

http://toxics.supportportal.com/ics/support/default.asp?deptID=23019

(7) HUD Lead page:

http://www.hud.gov/offices/lead/

(8) EPA Lead-Safe Certification Program Trade Press Downloadable Materials: EPA is placing ads in various publications and venues to get the word out to contractors and those who influence them about the new Lead Renovation, Repair and Painting Rule requirement that contractors must be lead-safe certified by April 22, 2010. If you are a contractor or someone who interacts regularly with contractors, EPA is seeking help in get the word out about the new rule.   EPA suggests downloading these outreach materials and distributing them by mail, e-mail, your place of business, or by placing them in specialty publications.

http://epa.gov/lead/pubs/lscp-press-materials.htm

(9) There are a variety of Public Service Announcements available for download on the leadfreekids.org web site.  these include announcements for TV, radio, color print, newspaper and web banners.

http://www.leadfreekids.org/materials.html

Breaking News!

Friday June 25th, 2010, 4:47 PM

I just received this announcement from The Massachusetts Department of Occupational Safety.  To avoid confusion, I want to clarify that contractors working on pre-1978 homes must still follow the current EPA RRP Rule until Massachusetts confirms its authority to administer and enforce the new MA RRP Regulations from the EPA.   

Please read the announcement below from Barbara Shultze for details and dates.

Dear Interested Person:

On June 25, 2010, the Division of Occupational Safety filed with the Secretary of the Commonwealth,  amendments to 454 CMR 22.00 (Deleading and Lead-Safe Renovation) and, in conjunction with the Executive Office for Administration and Finance, amendments to 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers).  These amendments, which will be published in the Massachusetts Register and become effective on July 9, 2010, can be viewed on DOS' website at www.mass.gov/DOS, or by clicking here.  These regulations were filed as emergency regulations on April 2, 2010.  The edits made in red line indicate changes made after public comment to the emergency regulations.

These amendments, which establish safety standards for renovation, repair and painting work that disturbs lead paint in target housing and child-occupied facilities built before 1978, parallel similar federal EPA requirements that became effective on April 22, 2010 under the "Renovation, Repair and Painting Rule" (RRP Rule), 40 CFR 745.80 - 745.92.  The amendments to 454 CMR 22.00 are designed to be as protective of human health and the environment as the federal standard.  At this time, EPA has the exclusive authority to administer and enforce the RRP Rule.  DOS will be filing an application shortly with EPA, seeking authorization to administer and enforce the lead safety standards for renovation, repair and painting work set forth in 454 CMR 22.00, in lieu of the federal standard being enforced by EPA in Massachusetts.  DOS will request that this authorization be approved as close as possible to July 9, 2010, to coincide with the effective date of the amendments to 454 CMR 22.00.

Further information on the current federal administration of the RRP Rule, including application forms for contractors, applicable fees and lists of approved training providers may be obtained through the following link:  http://www.epa.gov/lead/pubs/renovation.htm#contractors.  Further information on Massachusetts' administration of RRP requirements, including application forms for contractors, applicable fees and FAQs, is being developed and will be posted on this website as it becomes available.  In the interim, questions can be directed to DOS Environmental Engineers Patty Sutliff, Rick Rabin or Frank Kramarz at (617) 969-7177.

Here are a few key considerations regarding the MA RRP rule that would effect those who are already EPA Certified Firms and or EPA Certified Renovators:

-Persons, firms, corporations or other entities who are in possession of current, valid certification as a Certified Firm issued by EPA pursuant to 40 CFR 745.89 prior to July 9, 2010 need not be licensed as Lead-Safe Renovation Contractors or Deleading Contractors, provided that: said person, firm, corporation or other entity is in possession of a duly executed Contractor Licensing Waiver as specified at 454 CMR 22.04(3); that the requirements of 454 CMR 22.11(3) and (4) are met; and the work is otherwise conducted in accordance with the applicable requirements of 454 CMR 22.00. (Click here to find and read the related sections in the regulations. Basically, obtaining a waiver requires filing a form with the DOS that verifies that the firm is certified with the EPA and requires that the firm will follow the requirements of the MA rule. It is my understanding that if the Firm was already certified with EPA before July 9, 2010 they would not be subject to MA Firm Certification fees until they needed to recertify under their original EPA Certification.  Otherwise, MA Firm Certification fees will total $375.00

-Persons who have received  lead-safe renovation training shall be considered to have fulfilled the applicable training requirements provided that said training was provided by a state or EPA-sponsored or approved training provider

Several renovators seeking clarification about the EPA RRP Rule have asked me about working on buildings where a child occupied facility occupies part of the building, but not the entire building.  The most common example they ask about is a church.  The following question and answer are from the FAQ page of the EPA Web site.  Although not mentioned in EPA's answer, I suggest that play areas outside of the building would also be considered common areas where the required containment procedures and work practices would be required.

Question Posted to EPA Web Site: If a building contains a child-occupied facility, must all renovations in the building follow the RRP Rule?

EPA Answer: Not necessarily.  "Child-occupied facility'' means 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 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.  Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms.  Child-occupied facilities may be located in target housing or in public or commercial buildings.

With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias.  Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included.  In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6.

Areas of a building that fall outside this definition are not "child-occupied facilities" for purposes of the RRP rule.  

On Friday June 18, 2010 the EPA announced a delay in the enforcement of the firm and worker certification requirements under the EPA RRP rule.

The agency acknowledged the need for additional time for renovation firms and workers to become trained and certified under the new Lead Renovation, Repair and Painting (RRP) Rule.

The rule took effect April 22, but in the June 18th memo from EPA Assistant Administrator Cynthia Giles, EPA announced it is delaying enforcement, acknowledging concerns raised by many trade association including NARI.

The announcement left a few open questions, both sent to me by Andy Ault of Little River Carpentery:

(1) How do you know how to perform the practices if you haven't been trained?

(2) What about the record keeping and reporting requirements?  Do you have to do those too even if you haven't been trained?

It is with mixed feelings that I post this announcement.  EPA's lack of an effective strategy to get an adequate number of firms and workers certified does make it difficult or even impossible in some areas for consumers to hire only certified firms and workers.  On the other hand, those renovators who did get certified on time under the rule are essentually losing what should have been an advantage to them and their businesses.  Remember when a rule used to be a rule and only those who didn't follow the rules got punished?  

Some Details about the announcement: 

Until Oct. 1, 2010, the EPA will not take enforcement action for violations of the RRP Rule's firm certification requirement.

For violations of the RRP Rule's renovation worker certification requirement, the EPA will not enforce against individual renovation workers if the person has applied to enroll in, or has enrolled in, by no later than Sept. 30, 2010, a certified renovator class to train contractors in practices necessary for compliance with the final rules. Renovators must complete the training by Dec. 31, 2010.

In the announcement the EPA makes it clear that it will still be enforcing the required lead-safe work practices.

The official announcement by the EPA can be downloaded here.

Question: Does the RRP rule require people working on a renovation to wear respirators, Tyvek(R) suits or other personal protective equipment (PPE)? 

Most renovation contractors have little knowledge or experience with OSHA requirements.  OSHA requirements concentrate on the occupational safety of the worker.  There are many OSHA requirements that contractors should already be following if they use employees or sub contractors on their job sites.  Because lead can create serious health risks for employees and workers, employers would be wise to become familiar with the OSHA requirements related to the work they perform under the EPA RRP rule. 

The required containment methods and work practices have changed the way work gets done in the field.  Even if working within OSHA requirements in the past, new activities and methods used on RRP related projects most likely trigger personal protection considerations under OSHA regulations.

Unfortunately, while creating the EPA RRP rule, the EPA did not include reference to any specific OSHA requirements.  Therefore, renovators need to know and understand both the RRP rule as well as any related OSHA requirements in order to protect workers and avoid potential penalties from OSHA and or EPA.  To learn more about the related OSHA requirements, renovators can refer to the OSHA Lead in Construction Standards.

In the new MA RRP rules, still yet to be enforced as of this posting, many of the OSHA requirements related to RRP work have been included in the regulations.  When I met with employees from the MA Department of Occupational Safety to discuss the proposed rule, they were very helpful in clarifying the reasons for adding these consideration.  So, although the EPA and OSHA may not have collaborated when the EPA RRP rule was created, MA renovation contractors will have the advantage of knowing what OSHA requirements they will need to consider depending on the work they do as well as the methods they use to do the work.  Reading the MA RRP rule would help renovators working under the EPA RRP rule identify many of the related OSHA considerations.

Here is EPA's response to the question at the beginning of this post:

"EPA would like to clarify the requirements for personal protective equipment.  The Occupational Safety and Health Administration (OSHA) has requirements for personal protective equipment, EPA does not.  For many years, EPA has recommended the use of personal protective equipment as a way to protect workers and to help ensure that leaded dust and debris does not leave renovation or abatement work sites.  EPA recommends that renovators make use of the minimum respiratory protection recommended by the National Institute of Occupational Safety and Health (NIOSH) for environments where lead is present, but respiratory protection is not required by the EPA regulations.  In addition, disposable clothing, if removed and disposed of before the workers leave the work site, can provide additional protection for workers' families by ensuring that no leaded dust or debris is carried home on worker clothing.  However, EPA does not require this and allows renovators to use other methods to ensure that dust and debris does not leave the work area, including the HEPA vacuuming of clothing, tools, and other items before they leave the work area."  

Question from RRPedia visitor Dan Tibma of Tibma Design/Build: "Under the EPA RRP rule, if I demo an attached garage completely, except for the foundation, what site and debris containment measures do I need to take?"

Dan, thanks for visiting my web site and for your question.  I hope you are well.  I had already started a post about this topic, so you motivated me to finish it and get it posted.  Thanks!

I had asked the EPA a similar question in the list of questions presented to the EPA Region One Office on January 6th, 2010 on behalf of the Eastern MA NARI Chapter.  Eventually, on April 7, 2010, EPA answered the question in the FAQ section of their web site.

Here is the question I asked:

Does the Renovation, Repair, and Painting (RRP) Rule apply to demolishing and disposing of:

• An entire pre-1978 home or building?
• An entire, non-attached free-standing structure on the same property such as a garage, shed, or gazebo?
• An attached but segregated section of pre-1978 home or building such as a sunroom, addition, two-story porch, or garage attached by a breezeway?

Here is the EPA's response:

"The RRP Rule covers renovations, which are defined as modifications of existing structures or portions of structures. The rule does not apply to demolitions of an entire free-standing building or structure.

The RRP Rule does apply to renovation activities that modify portions of existing structures. Waste from these activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered.

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 under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work are an d prevents access to dust and debris.

When the firm transports waste from renovation activities, the firm must contain the waste to prevent release of dust and debris."

This glossary was assembled using the EPA; Renovation, Repair, and Painting Program Final Rule (§ 745.82), issued April 2008 as well as a variety of other sources.

Renovators working under the EPA RRP Rule should become familiar with these terms and their meanings.  If you haven't noticed already, the EPA has taken upon itself to create new and different definitions to many common terms already used in the renovation and remodeling industry.   This can cause confusion when attempting to understand and interpret the EPA RRP Rule.  Knowing these terms and the related "EPA RRP Definitions" for these terms can help avoid inaccurate assumptions and potential fines.

There are many other terms used in the EPA RRP rule than what have been included here.  I will add more as time permits.  Please feel free to contribute additional terms and definitions and or request any you feel should be added to this list. 

Definition of Lead Based Paint

Lead-Based Paint (LBP) is a term used by Housing and Urban Development (HUD) and the EPA's Toxic Substances Control Act (TSCA) program. It defines paint with lead levels equal to or exceeding 1.0 milligram per square centimeter (1mg/cm2) or 0.5 percent by weight. Lead-based paint is not a term used by the Dangerous Waste program because the program only regulates lead if there is to leach 5.0 or more milligrams per liter on a TCLP Test - a different method of measurement. (Section 302(c) of the Lead-Based Paint Poisoning Prevention Act)
 
Abatements vs. Renovations

Abatement means an activity designed to permanently eliminate lead paint hazards. Abatement includes any of the following:
-The removal of lead paint and lead-contaminated dust; the permanent enclosure (barrier) or encapsulation (special paint coating) of lead paint; the replacement of lead-painted surfaces or fixtures; the removal or covering of lead-contaminated soil; and any preparation, cleanup, disposal, and post-abatement clearance testing associated with these activities.
-A project for which there is a contract indicating that a company will be performing work on a housing unit, day care center, preschool, or kindergarten that is designed to permanently remove lead paint hazards.
-A project resulting in the permanent removal of lead paint hazards, conducted by a certified abatement company.
-A project resulting in the permanent removal of lead paint hazards, conducted by a company who, through its name or promotional literature, represents, or advertises to be in the business of performing lead paint activities.
-A project resulting in the permanent removal of lead paint hazards that is conducted in response to a state or local government lead abatement order, as in the case of a lead poisoned child.

Abatements are generally performed in three circumstances:
– In response to a child with an elevated blood lead level
– In housing receiving HUD financial assistance
– State and local laws and regulations may require abatements in certain situations associated with rental housing.

Abatements are not covered by the RRP rule.

Renovations are performed for many reasons, most having nothing to do with lead-based paint. Renovations involve activities designed to update, maintain, or modify all or part of a building. Renovations are covered by the RRP rule.

Certified Firm

Certified Firm means a firm that has received EPA certification to perform renovations as covered by the Final Rule (745.82). Firms that perform renovations for compensation must 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 a fee. To maintain its certification, a firm must be recertified by EPA every 5 years.

Certified Renovator

Renovator means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized State or Tribal program.

Child-Occupied Facility

Child-Occupied Facility means 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 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.

Cleaning Verification Card

Cleaning verification card means 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. (Anticipated to be distributed by EPA, Fall 2008.)

Lead; Renovation, Repair, and Painting Program (LRRPP) Rule

Lead; Renovation, Repair, and Painting Program (LRRPP) Rulemeans rules (40 CFR 745), which include Weatherization (see Renovation), established by the U.S. Environmental Protection Agency (April 2008) to address lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities. (see definitions for target and child-occupied facilities

Firm

Firm means 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. In the case of Lead Safe Weatherization work, a firm can be the grantee, subgrantee, or contractor.

HEPA Vacuum

HEPA vacuum means a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it

Lead Safe Weatherization (LSW)

Lead Safe Weatherization (LSW) means a set of protocols, established by the U.S. Department of Energy (WPN 02-6 issued July 23, 2002) to be used when disturbing surfaces that may have lead-based paint, that will reduce and control the amount of lead dust and paint chips that are generated. The protocols address compliance with applicable regulations, and are intended to reduce the risk of liability and health issues associated with the work.

Minor Repair and Maintenance (De minimis)
Minor repair and maintenance means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, 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 work practices prohibited or restricted by § 745.85(a)(3) are 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.

Recognized Lead Test Kits

Recognized test kit means a commercially available kit recognized by EPA under the EPA LRRPP Rule as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface

Renovation

Renovation means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this part (40 CFR 745.223). The term renovation includes (but is not limited to): The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); Weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation does not include minor repair and maintenance activities. EPA added ‘‘Weatherization,'' to the definition to make it clear that all of these activities are covered by this definition if they disturb painted surfaces.

Target Housing

Target housing means housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities); or any 0-bedroom dwelling. (Any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.) 

Work Area

Work area means the area, of the work site, that the certified renovator establishes to contain the dust and debris generated by a renovation. 

Work Site

Work site means physical property address/location where Lead Safe Weatherization work will be conducted.

In a June 3, 2010 Boston Globe articleby long time "Handyman on Call" Peter Hotton, Mr. Hotton graciously admitted he was not aware of the new EPA RRP rule when he had advised a homeowner regarding sanding of the exterior of his pre 1978 home before painting.  Fortunately for Mr. Hotton and his readers, Rick Cutler, production manager/project developer of Out of the Woods Construction & Cabinetry Inc.of Arlington took the time to inform Mr. Hotton about the law.

Hotton reports that in his message, Cutler suggested to Hutton:

 "... if you haven't read up on the new EPA RRP rule about lead and the updated dust containment procedures, please do before you give anymore inaccurate advice."

In his response to Cutler's message, Mr. Hotton wrote the following:

"That the handyman will do, with thanks to Rick Cutler, and I notice the regulations apply not only to renovation contractors and other professionals, but to homeowners as well."

Sorry Peter, I think you have it wrong again, or maybe need to clarify your message regarding the new EPA RRP Lead Paint Rule.  The EPA is clear that homeowners doing their own work are not required to follow the rule, only those who do it for compensation are subject to the rule.  I definitely am of the opinion this is not very wise, but, under the law, homeowners do have the right to create lead dust at their own homes in the course of renovating.  EPA suggests they use lead safe practices, but does not require they do so. Therefore, they can poison themselves, their own children and even their neighbors in the course of doing so. 

Statistics have shown, including EPA's own research, that more children are poisoned by lead due to renovations as a result of their parents doing the work than by professional remodelers. 

I hope this clarification will help homeowners seek to better understand the risks related to lead paint and how they choose to have work done at their homes, whether doing it themselves or hiring the work out. 

I posted a comment to Mr. Hottonon the Boston Globe's web site as well, to share the above information and my opinion about home owners doing their own work.  It is also my opinion that, unfortunately, Mr. Hotton has become just one more unfortunate example of someone who was unaware and then misinformed about the new RRP rule.  I suggest this is not his fault; he can't know everything and to his credit does provide an open forum for his readers to help clarify and verify the information he shares with his readers.  He also openly recognized the misinformation.  For that, kudos and keep setting a great example!

On the other hand, Mr. Hotton is just one more example of someone who was unaware of the new rule and the serious implications of lead poisoning potentially caused by renovations due to the lack of any public and industry awareness performed by the EPA.