Delegated States Likely Better Prepared To Enforce EPA RRP Rule

Several states around the country have assumed administration and enforcement of the EPA RRP rule and others are also thinking of doing the same.  EPA actually offers money for the states to use to investigate the practicality of doing so.  As this happens each state must create its own rule which is at least as strict as the EPA rule in order to get approval to do so from the EPA.  This will lead to confusion for many renovators. 

Variances in the rule requirements, from the EPA RRP rule and also from state to state, will make it difficult for renovators to understand the differences and keep up with amendments made by each entity.  Renovators working in more than one state many have to become certified firms in each state they operate in and or also with the EPA.  Are renovators better off if their states write a better thought out rule?  Would renovators be better served if there was just one well written rule for everyone to follow?   I predict that confusion may likely contribute to violations and fines for these renovators. 

In July of this year Massachusetts took over administration and enforcement of the RRP rule.  The Massachusetts Regulations, written by the Massachusetts Department of Occupational Safety (DOS), include many of the OSHA related considerations left out of the EPA RRP rule and the EPA required certified renovator training.   As a result, Massachusetts contractors are quickly becoming aware of the already existing OSHA considerations related to working with lead.  For example, the Massachusetts firm licensing application includes a requirement that a written respiratory protection and worker health and safety program evidencing compliance with the Massachusetts RRP rule and OSHA medical monitoring requirements be submitted with the application.  This will force businesses to have such a program in place before they can be licensed to do RRP work.   The requirement will also serve to dictate what the business must have in place should they be inspected by either the DOS or OSHA.   I predict the need for OSHA related training will increase dramatically as contractors become aware of violations and fines levied against their peers.

The MA DOS has also started conducting on-site inspections.  Though most inspections are triggered by citizens reporting suspected violations, the DOS is also out in the field and is stopping by renovation projects as they come across them.   In one of his recent blogs, RRP certification training provider and business coach, Mark Paskell of The Contractor Coaching Partnership, shares a real life story of a painter who was visited by DOS after a neighbor next door to one of his projects called the DOS with concerns about soil contamination.  The contractor was in compliance and made out fine, but the DOS left him with a message and asked that he would share it with others.  "Tell every contractor you know we're out there enforcing. Tell your friends, your neighbors, other contractors you know, suppliers and trades. We are here and we will enforce the new law"

NOTE: EPA has authorized nine states to administer their own RRP programs: Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oregon, Rhode Island, Utah and Wisconsin.

EPA Gives Status of RRP Training and Certification Counts at June LEHA Workshop

The Lead and Environmental Hazard Association (LEHA) has been conducting a series of workshops across the country.   I attended the June 22, 2010 workshop held in Marlboro MA.  The workshops bring together representatives from federal, state and local agencies to discuss the RRP rule with interested parties including renovation contractors, lead inspectors and others in the industry providing services and or products related to the RRP.  The workshop was well attended and very informative.   The state of Massachusetts' Department of Occupational Safety (DOS) has taken delegated authority and enforcement of the rule from EPA.  Several representatives from DOS and the state were in attendance and participated in the workshop as panelists.

David Merrick, NARI Government Affairs Committee Chairman, and several others from NARI attended one of the workshops on Friday, July 23 in Baltimore.   Also present at that workshop was the region 3 EPA Regional Lead Enforcement Coordinator, Annie Skidmore.

 
At the meeting EPA's Annie Skidmore brought everyone up-to-date with the latest numbers (as of the June 22nd workshop) from the EPA regarding the RRP.  Thanks to David Merrick for sharing this information with me:

• 411,000 people have completed RRP Certified Renovator training.

• 40,000 firms have completed firm certification with 10-20,000 applications in the pipeline.

• EPA acknowledged that their initial estimate of the number of firms that will need to be certified and the number of workers that will need to be trained was way off the mark.  The EPA now says the 40,000 firms that are certified represent about 20% of the firms that will need to be certified.

• There are a total of 282 Certified Training Providers, many of which travel and train nationally.

• A total of 17,800 training courses have been held.

Renovators Intending to Comply With EPA RRP Rule May Be Blind-Sided by OSHA Requirements

The following article, written by Dick Hughes of Excellence In Safety, was forwarded to me last week by a colleague.   Dick credits his sources at the end of the article.  I also verified the accuracy of the information through one of my contacts at the Massachusetts DOS. 

The article lists a variety of OSHA considerations that may likely blind-side well intentioned renovators as they attempt to comply with the new EPA RRP Rule.   The RRP Rule and OSHA requirements are in conflict with each other in many ways.  One EPA contact shared with me that EPA and OSHA did not collaborate on the rule while it was being written.   This one consideration alone should raise serious doubt and concern for business owners about business liabilities and potential fines. 

If an EPA enforcement employee and and OSHA Field inspector show up at one of your jobsites, at the same time, there is no way you will be able to satisfy both.  I suggest this is another example of shortsighted leadership within both organizations.  It also points out the lack of knowledge and awareness our political leaders in Congress have as it relates to understanding the construction industry and overseeing the creation of regulations that affect businesses of all sizes.

The Article:
Big Compliance Problems Ahead for Worker Safety

On April 22, 2010, the Environmental Protection Agency (EPA) implemented a rule that requires contractors that are hired to perform renovation, repair and painting (RRP) projects in homes, child care facilities, and schools built before 1978 that disturb lead-based paint to be certified and follow specific work practices to prevent lead contamination. This rule is expected to impact hundreds of thousands of employers and millions of employees.

EPA is already proposing an expansion of this rule into pre-1978 commercial facilities. That change will significantly expand the scope of employers and building owners covered by this new regulation. Failure to comply with this new regulation can result in fines as high as $65,000 per violation, including a potential prison term. The EPA will enforce violations of the new regulation starting on Oct. 1, 2010.

The new EPA rule includes the following requirements:

• The new EPA regulations require “firms” that disturb more than 6 square feet of paint per room (or more that 20 square feet on the exterior) in these pre-1978 buildings to become certified with the EPA and employ certified renovators who would train workers and oversee these projects.

• Firms include contractors who are hired to perform renovation, repair and painting work where paint is disturbed in the targeted housing.

• Building owners whose maintenance staff also disturb painted surfaces in targeted housing must also be certified and use certified renovators.

• Certified firms must send a supervisor or “renovator” to an 8-hour class where they become certified to oversee work covered by the RRP rule.

Here’s the rub: The 8-hour class only covers the EPA requirements and completely ignores OSHA worker protection rules. Therefore, safety professionals might find that “Certified Firms” are violating OSHA lead regulations because they were not taught about OSHA requirements for worker protection. This is going to be a huge issue for employers whose employees are exposed to lead hazards during work covered by the new EPA RRP rule.

EPA Rule Doesn’t Fulfill OSHA Requirements
Employers and building owners should be alert to the fact that OSHA rules differ significantly from the EPA RRP regulations. OSHA lead regulations apply to any work where employees come into contact with any level of lead or lead bearing coatings. They should also note the following worker protection and/or OSHA omissions in the new EPA lead-based paint rule:

• Lead-based paint. The EPA RRP rule defines lead-based paint as containing more than 0.5 percent lead by weight. Lead coatings below this threshold are exempt from any special EPA certification, training or work practices. However, OSHA regulates lead in any amount. Therefore, many employers will believe that lead-coated surfaces below the EPA standards of 0.5 percent by weight are not regulated when in fact they may still be regulated by OSHA.

• Regulated areas.OSHA mandates under 1926.62 that employers establish “regulated areas” when lead or lead-coated surfaces are disturbed. A regulated area requires specific OSHA signage. The EPA signs required by their new RRP rule do not meet OSHA requirements for a regulated area.

• Written compliance program. OSHA regulations require a detailed compliance program listing specific requirements for employers to document. The EPA RRP rule does not have any requirements or discussion of a written compliance plan.

• Mandatory respirator use. OSHA lead regulations require monitoring for employees exposed to lead dust or fumes during work. OSHA has established three work class tasks for which certain exposures above the permissible exposure limit (PEL) must be assumed when employers fail to perform exposure monitoring. All of the work practices covered by the EPA RRP rule require employee respiratory protection under OSHA. However, the EPA required training only discusses respirator use as optional. The EPA training does not discuss OSHA regulations for a written respirator program, medical clearance, respirator training and fit testing for employees who are required to wear respirators.

• Protective clothing. OSHA lead regulations require protective clothing when work tasks disturb lead coatings (without a negative exposure assessment). OSHA requires either disposable clothing or employer laundering. The EPA RRP rule lists disposable clothing as optional and trains workers to use HEPA vacuums to clean clothing before going home. OSHA also requires employers to notify other employees or employers who would launder the contaminated clothing. The EPA RRP rules do not provide any awareness for employees who launder their own contaminated work clothing.

• Annual training. OSHA regulations require annual training when airborne levels of lead dust or fumes exceed their action level. EPA’s new RRP rule only requires training every 5 years.

• Hygiene facilities. OSHA regulations require a separate area to change from work clothing to street clothing as well as providing for hand/face washing facilities. The EPA does not address change facilities and suggests that workers wash their hands and face prior to leaving the work place.

• Medical surveillance and biological monitoring. OSHA mandates biological monitoring for employees exposed above the action level for airborne lead dust and fumes. The EPA RRP rule briefly mentions that the only way to detect lead in your blood is with a blood test and does not inform the workers of the OSHA requirement for biological monitoring.

The new EPA RRP lead-based paint rule is an important regulation for reducing the unacceptable levels of elevated lead in children’s blood in certain areas of the country. However, this huge piece of legislation has done a disservice to the millions of workers who will be impacted by lead during common renovation, repair, and painting activities in residential and child occupied facilities by ignoring mandatory worker protection requirements mandated by OSHA. Contractors and building owners must take extra steps to ensure that their workers or employees of contractors disturbing lead bearing substances in their facilities are thoroughly trained and protected in all applicable regulations; specifically OSHA worker protection rules for lead.

Thanks to:

Jeffery C. Camplin, MS, CSP is president of Camplin Environmental Services Inc., a safety and environmental consulting firm based in Rosemont, Ill. He is a licensed lead risk assessor and accredited EPA lead-based paint instructor for abatement courses and the new RRP rule training.

Useful links related to this article:
• July 21 Virtual Audioconference: EPA’s New Lead Paint Regulations Will Get You in Trouble with OSHA http://www.workplacetrainingcenter.com/Prod-2067.aspx

• EPA information on the new RRP rule for lead-based paint can be found at http://www.epa.gov/lead/pubs/toolkits.htm

• HUD information on lead safe work practices for renovation work can be found at http://www.hud.gov/offices/lead/training/rrp/rrp.cfm

• OSHA information on worker protection for employees exposed to lead-bearing substances can be found at http://www.osha.gov/SLTC/lead/construction.html

About the author:
Dick Hughes
Excellence In Safety
24 Spring Bars Road Falmouth, MA 02540
Web: www.excel-in-safety.com
capesafetyguy@aol.com
1-508-548-0866
cell: 1-617-653-4950

This article was originally published at Work Place Magazine

In an announcement by the EPA on Thursday last week, Hybrivet Systems, makers of LeadCheck® Swabs, received confirmation that their test kits will continue to be recognized for use on RRP related work.  The announcement serves to put closure on any rumors or fears that their test kit might not be approved after September of this year.  As of this post, LeadCheck is still the only EPA approved test kit that can be used by a certified renovator to test for the presence of lead on RRP projects.

As discussed in the preamble of the final RRP Rule, EPA desires to have a test kit that will identify whether the amount of lead present on a surface is above or below the federally regulated level of lead in paint.  The presence of lead in amounts less than 1.0 mg/cm2 or 0.5 percent by weight is considered below the action level requiring the use of the RRP work practices.  Lead in amounts equal to or higher than the action level would trigger the RRP requirements. 

Currently, existing tests only identify whether lead is present or not.  In September 2009, EPA accepted applications from four vendors for the evaluation of their lead test kits through EPA's ETV program. The goal was to identify test kits that would not only verify that lead was not present at all, but also would identify the presence of lead or not based on the action level amount.  According to the announcement on the EPA web site; “Because no new kits meet both the false negative and false positive criteria, EPA will continue to recognize the LeadCheck® test kit and the State of Massachusetts lead test kit.”  (The Massachusetts test kit is not commercially available)  One other manufacturer’s test kit will likely be approved after EPA reviews the final report on their kit. EPA anticipates that this test kit will also be recognized as meeting the false negative criterion.

Hybrivet Systems, Inc was founded by Marcia Stone, PhD, in 1987.   Marcia Stone created LeadCheck® Swabs 23 years ago after learning of children suffering from lead poisoning from exposure in their own homes. She combined years of scientific knowledge and experience to create an instant read lead detection tool to help protect families. 

I visited with the Hybrivet Systems team on July 22^ndat their place of business in Natick MA to learn more about the company and their LeadCheck® Swabs.   I was very impressed with the company and its product.  I was even more impressed by the personal desire and mission Marcia Stone has to help protect the health and well being of families and especially children.  According to Marcia; “Our goal for 20 years has been to dramatically reduce lead-poisoning, especially in children where the effects are most severe and permanent.  Our continued recognition as the only test kit in the EPA RRP program has given us greater reach to accomplish our goal, and we’re excited to be able to provide contractors with a low cost, easy to use, and accurate test kit to help with compliance to this rule.   We are also excited about our position to help the states that are administering their own lead program, including our home state of Massachusetts.”

Painting and Coatings Terms and Definitions:

The following is a list of general terms and definitions related to painting and paints.   This information is not specific to lead based paint or RRP work, but is listed here as a resource.

Terms and Definitions:

Acrylic: A synthetic polymer used in high-performance latex or water-based paints. As the paint's binder, acrylic resins enable the coating to last longer and retain its color.

Acrylic Latex Paint:Water-thinned paint which employs acrylic resin as the majority of the binder. Other binders which may be added to reduce cost or add specific properties include styrene, epoxy, and poly-vinyl acetate.

100% Acrylic Latex Paint:Water-thinned paint in which only acrylic resin is used as the binder medium. Typically the highest quality latex paints used for a wide variety of architectural coatings, 100% Acrylic Latexes have superior adhesion, long-term flexibility, breathability, alkali resistance, toughness, and color and sheen retention.

Acrylic Resin:Resins which have established a pre-eminent position among coating formulators, having shown superiority in such respects as color and gloss retention, alkali and oxidation (chalk) resistance, hardness, adhesive and cohesive strength, and overall film durability. Generically, resins resulting from the polymerization of derivatives of acrylic acids, including esters of acrylic acid, methacrylic acid, acrylonitrile, and their copolymers. Also known as acrylate resins.

Adhesion:The ability of dry paint to remain on the surface without blistering, flaking or cracking. Adhesion is probably the single most important property of paint. Wet adhesion, the ability of dry paint to adhere to the surface in spite of wet conditions, is particularly important for exterior house paints.

Airless Spraying: Process of atomization of paint by forcing it through an orifice at high pressure. The effect is often aided by the vaporization of the solvents, especially if the paint has been previously heated.

Alkyds:Resins used mostly in trim paints, inside and out, although some medium duty equipment and marine enamels employ these resins as binders. Most often alkyd resins are found in vehicles employing aliphatic hydrocarbons (mineral spirits or other refined petroleum distillate) as thinner. Alkyds offer good leveling properties and cure to a relatively durable film, but tend to yellow interior and embrittle with age. Color and gloss exterior is only fair, and alkyds are highly prone to failure exterior on surfaces containing even moderate levels of moisture. Chemically, alkyds are synthetic resins formed by the condensation of polyhydric alcohols with polybasic acids. They may be regarded as complex esters. The most common polyhydric alcohol used is glycerol, and the most common polybasic acid is phthalic anhydride. Modified alkyds are those in which the polybasic acid is substituted in part by a monobasic acid, of which the vegetable oil fatty acids are typical.

Binder:The binder cements the pigment particles into a uniform paint film and also makes the paint adhere to the surface. The nature and amount of binder determine most of the paint's performance properties -- washability, toughness, adhesion, and color retention. Acrylic polymers are the binder of choice in producing quality high-performance latex paints.

Bleaching: Loss of color, usually caused by exposure to sunlight.

Blistering: The formulation of dome-shaped, hollow projections on paint, often caused by heat or moisture. Can also be caused by solvent entrapment in a paint film which has surface dried before the solvent has completely escaped.

Chalking: Formation of a friable powder on the surface of a paint film caused by the disintegration of the binding medium due to disruptive factors during weathering. The chalking of a paint film can be considerably affected by the choice and concentration of the pigment. It can also be affected by the choice of the binding medium.

Color Retention: The ability of paint to keep its original color and resist fading.

Consistency: The resistance of a paint to flow. A paint with high consistency flows slowly; a paint with low consistency flows readily.

Cracking: Breaks or splits in the paint's surface.

Durability: The degree to which paint withstands the destructive effects of the environment to which it is exposed, especially harsh weather conditions. Durability has two aspects. Its protective properties safeguard the substrate from degradation. Its decorative properties allow the paint to retain its attractive appearance.

Efflorescence: An encrustation of soluble salts, commonly white, deposited on the surface of coatings, stone, brick, plaster, or mortar; usually caused by salts or free alkalies leached from mortar or adjacent concrete as moisture moves through it.

Elasticity: The ability of paint to expand and contract with the substrate without suffering damage or changes in its appearance. Expansion and contraction are usually caused by temperature fluctuations. Some substrates such as yellow pine expand at different rates depending on the type of their grain. Elasticity is a key to durability. Acrylic binders are noted for their elasticity.

Enamel: (1) Topcoat which is characterized by its ability to form a smooth surface; originally associated with a high gloss, but may also include lower degrees of gloss, i.e., flat enamels. (2) A class of substance having similar composition to glass with the addition of stannic oxide, SnO2, or other infusible substances to render the enamel opaque.

Extender: A less-expensive ingredient than titanium dioxide that fills out and extends the pigment's capabilities. Extender cannot be used without pigment. Some common extenders are clays, calcium carbonate, and silica.

Fading: Lightening of the paint's color, usually caused by exposure to light or heat.

Film Formation: The paint's ability to form a continuous dry film. This process is the result of the water or solvents evaporating and the coming together of the binder particles. A continuous dry film repels water.

Flaking: The detachment of pieces of paint from the substrate, caused by a loss of adhesion and elasticity. Also known as scaling.

Glycol:A co-solvent, combined with water in aqueous (latex) systems to form the total thinner. Various glycols perform various functions, however, they are generally valuable as brushing agents and for temperature stability (ethylene glycol is the chief ingredient in anti-freeze). Generically, CH2OHCH2OH. General term for dihydric alcohols; ethylene glycol is the most simple of the glycols.

Grain raising:Swelling and standing up of the wood grain caused by absorbed water or solvents.

Hiding Power: The ability of paint to hide or obscure a surface, color or stain over which it has been uniformly applied. Hiding power is provided by the paint's pigment.

Holidays: Application defect whereby small areas are left uncoated. Syn: Misses, Skips, Voids, Discontinuities, Vacations.

Industrial paint: Paint that would normally be used to paint industrial items such as structural steel, chemical plants, and pulp and paper mills. It usually has greater chemical resistance and a faster drying time than regular house paint.

Intumescent Coatings:Fire retardant coating which, when heated becomes plastic and produces nonflammable gasses, such as carbon dioxide and ammonia. The gasses are trapped by the film, converting it to a foam about fifty times as thick as the original paint film. At this stage, the film solidifies, resulting in a thick, highly insulating layer of carbon, which effectively protects the substrate from fire.

Joint cement: Cement used in dry wall construction as a bedding compound for joint tape and as a filler for nail holes.

Joint tape:Special paper tape or paper-faced cotton tape used over joints between panels of wallboard to conceal the joint and provide a smooth surface for painting.

Latex: (1) Stable dispersion of a polymeric substance in an essentially aqueous medium. (2) Fine dispersion of rubber or resin, natural or synthetic, in water; the synthetic is made by emulsion polymerization. (Strictly speaking, after polymerization a latex is a solid dispersed in water, and therefore is not an emulsion. Latex and emulsion are often used synonymously in the paint industry.)

Latex Paint: Water-thinned paint made with synthetic binders such as polyvinyl acetate or acrylic resins. In contrast to oil-based paint, latex paint dries fast, flows smoothly, and cleans up easily with water. High-performance latex paints contain 100% acrylic resins.

Leveling: The ability of a coating to form a smooth film without brush marks appearing. Higher quality latex paint has superior leveling ability.

Linseed oil: A drying oil used in paint, varnish and lacquer.

Mildewcide: Chemical agent in quality paint that retards mildew, a common problem in humid climates.

Peeling: The detachment of paint from the surface in ribbons or sheets. Like flaking, the result of loss of adhesion.

Pigment: Finely ground, natural or synthetic, inorganic or organic, insoluble dispersed particles (powder) which, when dispersed in a liquid vehicle to make paint, may provide, in addition to color, many of the essential properties of the paint: opacity, hardness, durability, and corrosion resistance. The term is used to include extenders, as well as white or color pigments. The distinction between powders which are pigments and those which are dyes is generally considered to be on the basis of solubility. Pigments being insoluble and dispersed in the material, dyes being soluble or in solution when used.

Polymer:This binder is produced from petrochemical feedstocks. The binder's polymer particles are small in size and carried in water. The binder polymers and water mix is known as emulsion.

Primer: The base coat, or first complete coat, of a paint system that is applied to an uncoated surface. Primer can be latex or alkyd paint.

PVA (Polyvinyl Acetate): A colorless, thermoplastic, water soluble, resinous high polymer derived from the polymerization of vinyl acetate with a catalyst; used as a latex binder in certain, generally lower quality water-base coatings.

PVC (Pigment Volume Concentration): The ratio of the volume of pigment to the volume of total nonvolatile material (i.e., pigment and binder) present in a coating. The figure is usually expressed as a percentage.

Resin:(1) General term applied to a wide variety of more or less transparent and fusible products, which may be natural or synthetic. They may vary widely in color. Higher molecular weight synthetic resins are generally referred to as polymers. (2) A solid, semi-solid, or pseudo-solid organic material that has an indefinite and often high molecular weight, exhibits a tendency to flow when subjected to stress, usually has a softening or melting range, and usually fractures conchoidally. (3) In a broader sense, the term is used to designate any polymer that is a basic material for coatings and plastics.

Sandpaper: A sheet of abrasive-coated paper that is used for smoothing rough surfaces.

Satin finish: Semi-gloss finish.

Silicate:Any one of a large family of substances chiefly used with titanium dioxide, the primary pigment, as an extender pigment. When used in moderation, these silicates (magnesium silicate, aluminum silicate, etc.) are valuable in helping control gloss, aid brushability, and increase hold-out properties and overall exterior durability.

Solids: The solids content of a paint that is left over after the solvent evaporates. Same as nonvolatile.

Spattering: Droplets of paint that spin or mist off the roller as paint is being applied.

Surfactants:Contracted from surface-active agents, these are additives which reduce surface tension and thereby improve wetting (wetting agents), help disperse pigments, inhibit foam, or emulsify. Conventionally, they are classified as to their charge: anionic (negative); cationic (positive); nonionic (no charge); or amphoteric (both positive and negative).

Thinner:The thinner and binder together form the paint's vehicle. Water, the thinner used in latex paints, evaporates as the paint dries, allowing a smooth paint application. Turpentine or spirits are the thinners in oil-based paints.

Thixotropic: Adjective which describes full-bodied material which undergoes a reduction in viscosity when shaken, stirred, or otherwise mechanically disturbed and which readily recovers the full-bodied condition on standing.

Tinting: The final adjusting of a color of paint to the exact shade required.

Titanium Dioxide, Anatase (TiO2):A high opacity, bright white pigment of the chalking type, used as a prime pigment in paints, rubber, plastics. Prepared from the mineral ilmenite, or rutile ore.

Titanium Dioxide, Rutile (TiO2):A high opacity, bright white pigment of the non-chalking type, used as a prime pigment in paints, rubber, plastics. Prepared from the mineral ilmenite, or rutile ore.

Topcoat: A coat designed to provide a finish capable of providing protection and color.

Undercoat: For unpainted surfaces, the coat between the primer and the topcoat. For previously coated surfaces, the undercoat is applied directly to the old paint.

Vehicle: The liquid portion of the paint, in which the pigment is dispersed; it is composed of a binder and a thinner.

Vinyl: (1) The unsaturated, univalent radical CH2: CH -- derived from ethylene. (2) Any of the various compounds containing this group, typically highly reactive, easily polymerized and used as a basic material for coatings and plastics. (3) Any of the various plastics, typically tough and flexible.

VOC (Volatile Organic Content):Any carbon compound that evaporates under standard test conditions. Essentially, all paint solvents except water are VOCs. Federal and state governments are beginning to limit the amount of volatile organics found in paint because of concerns about possible environmental and health effects.

Volume Solids: The volume of pigment plus binder divided by the total volume, expressed as a percent. High volume solids mean a thicker dry film, improved hiding, and high durability.

Washability: Ease with which washing will remove dirt from the paint's surface without causing damage.

Weathering: Paint film deterioration as a result of exposure to the weather.

Wet Edge: Edge of a wet painted area which remains workable. When painting large surfaces, it is generally necessary to join up to the edge of a paint film which has been left for an appreciable time; when this can be done by blending this edge with free working paint without any lap showing, the film is said to present a wet edge.

Zinc Chromate: Bright yellow pigment which chemically is substantially zinc chromate, although its precise composition is rather complex. Its chief use is in anti-corrosive paints and primers for steel.

Zinc Oxide: A fine particle, white pigment used in rubber, paint, and plastic industries for mildew resistance and film reinforcing properties.

Zinc Rich Primer: Anti-corrosive primer for iron and steel incorporating zinc dust in a concentration sufficient to give electrical conductivity in the dried film, thus enabling the zinc metal to corrode preferentially to the substrate, i.e., to give cathodic protection.

SOURCES:
PAINT/COATINGS DICTIONARY, © 1978 by Federation of Societies for Coatings Technology.
PAINT QUALITY INSTITUTE

Trainers and renovators have been expressing some confusion about the EPA approved lead test kits.  The confusion revolves around whether the current test kits can still be used and/or if and when they might be replaced.

7/15/10: The following is the most recent information and communication about EPA approved lead test kits sent from EPA Headquarters in DC to each of the EPA regions. 

EPA Communication to EPA Region Headquarters:

"I wanted to take this opportunity to clarify an RRP issue because I understand that there may be some mis-information that may have been given out to training providers.  I understand that training providers have been told they should not buy a lot of the currently available test kits because they will not be valid after September 1.  This is incorrect.  I would appreciate it if you would ask your staff to clarify this with the training providers in particular.

 Background on Test Kits

• EPA has recognized two Phase 1 test kits (LeadCheck and State of Massachusetts kit) for use in determining if there is lead-based paint in target housing and child-occupied facilities.  These are currently being used by renovators and in renovator training classes.
• These kits will continue to be recognized until EPA recognizes Phase 2 kits.  The Phase 1 kits do not automatically sunset on September 1 or any other date in the absence of approved Phase 2 kits.
• EPA, under the Office of Research and Development’s (ORD) Envirnomental Testing Verification (ETV) process is currently evaluating 4 test kits for the Phase 2 criteria.  At this time we do not know if any of the kits will pass.

 We should have results in late July and will share that with you and post the preliminary results on the web."

Note: This information was shared with me by Joe Moriarty of LeadCheck.  LeadCheck^® Swabs is the only EPA recognized rapid lead detection product available for RRP use by EPA Certified Renovators.

On July 9th, 2010 The Massachusetts Department of Occupational Safety took over administration and enforcement of the RRP rule from the EPA.  Although similar to the EPA rule, the MA RRP rule does differ in many ways.  Contractors doing RRP related work in MA should read the MA Regulations to understand the differences.

To do RRP work in MA, renovators should first become licensed to do so.  There could be some confusion about this if you are already a Certified Firm through the EPA.  Here is some clarification from the MA DOS web site's FAQ page:

Question: How much will I have to pay for a “Lead-Safe Renovation Contractor License?”

DOS Responds: As of July 9, 2010, the fee charged for a Lead-Safe Renovation Contractor License pursuant to 454 CMR 22.00 and 801 CMR 4.02 is $300 plus $75 in surcharges for a five-year license. Fees are set periodically by the Executive Office for Administration and Finance

Question: I applied to EPA for certification as a “Certified Firm” before DOS began enforcing its RRP-related requirements.  Will I have to get another license from DOS in order to perform RRP-related work in Massachusetts?

DOS Responds: If you submitted an application to EPA to become certified as a “Certified Firm” before July 9, 2010, you will not need to obtain a “Lead-Safe Renovation Contractor License” from DOS until the certification that you received from EPA expires.  Save mailing receipts. As provided by 454 CMR 22.03(3)(b) and 22.04(3), you will need to apply for a Contractor Licensing Waiver in order to legally perform Renovation Work in Massachusetts, however. You will not be required to pay another licensing fee in order to get this waiver.  If you applied for EPA certification after July 9, 2010, you will need to become licensed as a “Lead-Safe Renovation Contractor” pursuant to 454 CMR 22.00 in order to perform RRP-related work in Massachusetts.

You can view or print all of the available the MA Lead related licence applications here.   For RRP related work choose the "Lead-Safe Renovator Contractor" application.  If already a certified firm through the EPA, choose the "Lead-Safe Renovation Contractor Licensing Waiver" application.

The following information is from a flyer released by the MA DOS.  The Regulations became effective on July 9, 2010:

Renovation, Repair and Painting (RRP) Regulations in Massachusetts:

Information for Contractors.

The Massachusetts Division of Occupational Safety (“DOS”) has recently adopted new requirements under its lead standard, 454 CMR 22.00, that apply to renovation, repair or painting (“RRP”) work conducted for a fee in target housing or any child-occupied facility, where more than threshold amounts of lead paint are disturbed.
• With certain exceptions, contractors and other entities who carry out work covered by these requirements must be licensed as “Lead-Safe Renovation Contractors” by DOS. Affected occupations include, but are not limited to: painters, plumbers, electricians, window installers, general contractors, property maintenance workers, and remodelers.
• A person who has take a one-day “Lead-Safe Renovator Supervisor” or “Certified Renovator” course and is in possession of a current certificate of training issued by an approved training provider must be on site and in control of the work at all times when the work is in progress. Workers on such projects must be trained by the certified supervisor or a training provider licensed by DOS.
• The work must be carried out in accordance with work practice requirements specified in 454 CMR 22.00, including, but not limited to: testing of suspect materials, work area isolation or delineation, exclusion of personnel, covering of objects, acceptable work methods, cleanup and cleaning verification.
• Certain record keeping and notification requirements are also specified. It is essential that you determine whether or not the renovation work you perform falls under the regulation; if it does, then your business must become licensed, your supervisors trained and certified, and your workers trained. Failure to comply with DOS regulations governing these matters may result in the imposition of civil administrative penalties.

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View and download the regulations describing these procedures.

You can also reach DOS for more information at 617-969-7177.

EPA Cites Company $784,380 for Failing to Warn Residents of Lead-Based Paint Exposures

June 20, 2010

The U.S. Environmental Protection Agency recently filed a complaint and proposed a $784,380 penalty against Hanson’s Window and Construction Inc. of Madison Heights, Mich., for violations of the 1998 federal rule for failure to warn residents of potential lead-based paint exposures.

EPA alleges that in May 2005, Hanson, a window installation firm, failed to provide home owners and tenants of 271 residential properties in Lansing, East Lansing, Haslett, Charlotte, Onondaga, Williamston, Holt, Stockbridge, Mason, Leslie, and Warren with required information warning residents that their construction activities could expose residents to lead. The citation is based in part on information that two children living in renovated Michigan homes had tested positive for elevated blood lead levels.

The Pre-Renovation Lead Information Rule requires that renovators provide homeowners, tenants, and owners of child-occupied facilities with the “Renovate Right” pamphlet and obtain written confirmation that they have received it. The purpose of the rule is to protect families during renovations in housing built before 1978.

Lead exposure can cause reduced IQ, learning disabilities, developmental delays, reduced height, poor hearing, and other health problems in young children.

Lead-based paint dust created during renovations is the most common source of lead exposure to children in the United States. About 75 percent of the nation’s housing built before 1978 contains lead-based paint. When properly managed, lead-based paint poses little risk. If paint is not maintained, however, even low levels of lead exposure can threaten occupants’ health, especially children and pregnant women

This information was found at ohsonline.com

There has been a lot of confusion regarding the recent announcements, delays, amendments and proposed amendments related to the EPA RRP Rule.  Many of these are explained and clarified in several articles that can be found here on this RRPedia page under the tag heading of "EPA RRP Rule Updates" found in the blue box on the right side of this web page. 

For additional RRPedia postings and updates, be sure to subscribe to this page to receive e-mail notifications of new postings as they happen.

This article is intended to remind you of a variety of new considerations that take effect on July 6th, 2010 due to the Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program [RIN 2070-AJ55]. 

Below are considerations you should be aware of and be prepared for.  I have also provided some suggestions to help you. None of this information should be considered as all inclusive and or as legal advice.  I recommend you qualify and seek additional legal advice about this information from qualified legal counsel.  Contractors should also have any documentation they use to comply with the RRP Rule reviewed by legal counsel prior to use.

For clarification, the June 18, 2010 memo delaying enforcement of certain certification requirements does not have any effect on these new considerations:

1. As of July 6th, the home owner opt-out provision will no longer be available for use on RRP covered renovations.

• a. Even if the contract for the work was signed prior to July 6^th and/or the project has already been started, the RRP Rule work practices and documentation requirements must be followed starting July 6^th
• b. If, before midnight on July 5^th, you can complete any work or demolition that disturbs painted surfaces on projects where you already had a signed opt-out from the homeowner, I suggest you do so to avoid the additional costs to comply and/or the risks associated with operating in violation of the RRP Rule.
• c. As I have stated in other articles here on RRPedia, a signed opt-out would still not relieve you from potential liability should the work you do and/or how you do it causes lead contamination and/or lead poisoning.
• d. As an extra level of protection for you, your business, your employees, your customer and/or the occupants of the space you are renovating; if you plan to use the strategy suggested in item "1b" above, I suggest you still do the post renovation cleaning and cleaning verification procedure as required under the RRP Rule before restarting work again on July 6^th.
• e. Beginning July 6^th, 2010, as long as the work you do does not disturb any painted surfaces, you can precede using traditional work practices.
• f. To avoid any confusion, I also recommend you remove the opt-out information from whatever pre-renovation form you use to document delivery of the Renovate Right pamphlet.

2. There are also new requirements regarding documentation. Beginning July 6th, 2010, when the final invoice for the renovation is delivered, or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information demonstrating compliance with the training and work practice requirements of the RRP rule to the owner of the building being renovated and, if different, to the occupants of the renovated housing or the operator of the child-occupied facility.

• a. For renovations in common areas of target housing, the renovation firm must provide the occupants of the affected housing units instructions on how to review or obtain this information from the renovation firm at no charge to the occupant. These instructions must be included in the notice provided to each affected unit or on signs posted in common areas. Similar requirements apply for renovations in child-occupied facilities.
• b. The renovation firm is also required to provide interested parents or guardians of children using the child-occupied facility instructions on how to review or obtain a copy of these records at no cost to the parents or guardians. This could be accomplished by mailing or hand delivering these instructions, or by including them on the signs posted.
• c. Renovation firms must provide training and work practice information to owners and occupants. The information should be provided in a short, easily read checklist or other form. EPA's "Sample Renovation Recordkeeping Checklist'' may be used for this purpose, but firms may develop their own forms or checklists so long as they include all of the required information.

• d. The specific information that is required to be provided are training and work practice compliance information, as well as identifying information on the manufacturer and model of the test kits used, if any, a description of the components that were tested including their locations, and the test kit results.
• e. The checklist or form must include documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed the tasks required by the RRP rule, and that the certified renovator performed the post-renovation cleaning verification.
• f. This documentation must include a certification by the certified renovator that the work practices were followed, with narration as applicable.
• g. EPA is not requiring that the renovation firm automatically provide a copy of the certified renovator's training certificate, which must be maintained in the firm's records as an attachment to the checklist or other form.

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.