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.

Recognized test kit means a commercially available kit recognized by EPA under Sec.  745.88 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.  

According to the RRP Rule, a certified renovator must, when requested by the party contracting for renovation services, use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint. 

When test kits are used, the renovation firm must, within 30 days of the completion of the renovation, provide identifying information as to the manufacturer and model of the test kits used, a description of the components that were tested including their locations, and the test kit results to the person who contracted for the renovation.  I suggest that renovators do not do any testing without first obtaining written permission from the property owner, due to disclosure considerations for the owner when they sell or lease the property.  

The certified renovator is responsible to provide narrative information  about any testing preformed on the required renovation record keeping  checklist , such as an identification of the brand of test kits used, the locations where they were used, and the results.

The following information is from the EPA Website:

"Under the EPA Lead Renovation Repair and Painting (RRP) rule, EPA will evaluate and recognize test kits that can be used to determine the presence of regulated levels of lead in lead-based paint surfaces. After initial evaluation, EPA is recognizing two currently available lead test kits, with limitations. They are the LeadCheck® kit and the State of Massachusetts kit. Read more about how EPA evaluates lead test kits.

• EPA recognizes that, when used by a certified renovator, the LeadCheck® lead test kit can reliably determine that regulated lead-based paint is not present on all surfaces, except plaster and drywall. Certified inspectors, renovators, risk assessors seeking to use the LeadCheck® kit for purposes of meeting requirements in the Renovation, Repair, and Painting Rule can purchase the LeadCheck® kits from either LeadCheck® directly or from certain retail outlets. Kits sold in retail stores do not currently include the necessary Test Confirmation Card and so are not approved for use by certified inspectors, renovators, and risk assessors. LeadCheck® is manufactured by Hybrivet Systems. To order a Hybrivet System LeadCheck®test kit call (              508-651-7881         508-651-7881) or e-mail Hybrivet at info@leadcheck.com.

• EPA recognizes that, when used by trained professionals, the State of Massachusetts lead test kit can reliably determine that regulated lead-based paint is not present on all surfaces except ferrous metal. (Note: The State of Massachusetts kit was developed by the state and is only used in public housing by State of Mass employees.  It is not a commercially available kit.)

EPA will continue to update information on recognized spot-test kits as it becomes available. For any questions pertaining to the recognition of these kits, contact Sam Brown at 202-566-0490 or by email at brown.sam@epa.gov."

View this information on the EPA Website

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.

Prohibited and Restricted EPA RRP Work Practices:

The following information comes from the RRP Rule and preamble:

"The final rule prohibits or restricts the use of certain work practices during regulated renovations. These practices are open flame burning or torching of lead-based paint; the use of machines that remove lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, unless such machines are used with HEPA exhaust control; and operating a heat gun above 1100 degrees Fahrenheit.

EPA has concluded that these practices must be prohibited restricted during renovation, repair, and painting activities that disturb lead-based paint because the work practices in this final rule are not effective at containing the spread of leaded dust when these practices are used, or at cleaning up lead-based paint hazards created by these practices. Thus, the work practices are not effective at minimizing exposure to lead-based paint hazards created during renovation activities when these activities are used."

Note: The final rule does not prohibit or restrict the use of dry hand sanding or dry hand scraping. EPA has concluded that it is not necessary to prohibit or restrict dry hand sanding or dry hand scraping because the containment, cleaning, and cleaning verification requirements of the rule are effective at minimizing exposure to lead-based paint hazards created by renovations and the migration of dust-lead hazards beyond the work area when dry hand sanding or dry hand scraping is employed.

The following information is from the HUD Booklet titled Lead Paint Safety, A Field Guide for Painting, Home Maintenance and Renovation Work. 

The EPA RRP renovation checklist is a form used  to document certain activities and the fulfillment of certain requirements related to the project and jobsite. 

Renovators can use the checklist provided by the EPA or can create their own checklist.  An advantage of creating your own checklist could be that it would include additional items, specific to the work types you do, that your business would want to make sure were considered and or completed by employees while working on projects covered under the RRP Rule.  One example might be that abrasive tools were fitted with a shroud and connected to a functioning HEPA vac while in use at the job site.  Another might be how waste water was handled.

According to the EPA RRP Rule:

"This final rule also requires firms performing renovations to retain documentation of compliance with the work practices and other requirements of the rule. Specifically, the firm must document 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 this final rule, and that the certified renovator performed the post-renovation cleaning verification. This documentation must include a copy of the certified renovator's training certificate. Finally, the documentation must include a certification by the certified renovator that the work practices were followed with narration as applicable."

Here is what the renovation checklist offered by the EPA looks like:

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A copy of this form is available inside the EPA booklet titled: Small Entity Compliance Guide to Renovate Right

Rhode Island administers their own RRP program.  Here is an addition documentation consideration related to the renovation record keeping for those operating in RI:

"A log book with consecutively numbered pages is maintained at each job site which contains the names, license numbers, and dates/times in and out for all Lead-Safe Remodeler/ Renovators gaining access to a containment area."

Click here to view or download the RI Regulations as a PDF

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.

The EPA has established a specific definition for a HEPA Vacuum under the EPA RRP Rule.  A Shop vac equipped with a HEPA filter will not satisfy the requirements of the RRP Rule.  Using the wrong vacuum for RRP work could subject you to a $37,500 fine per violation per day of use of the wrong vacuum. 

Here is the EPA definition of a HEPA vacuum taken from the rule itself:

"Final rule requirements. Vacuums used as part of the work practices being finalized in this final rule must be HEPA vacuums which are to be used and emptied in a manner that minimizes the reentry of lead into the workplace. The term "HEPA vacuum'' is defined as a vacuum which has been designed with a 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 filter with none of the air leaking past it."

The rule also further specifies the use of a beater bar when vacuuming carpets or rugs during final cleaning. 

"After the sheeting has been removed from the work area, the entire area must be cleaned, including the adjacent surfaces that are within 2 feet of the work area. The walls, starting from the ceiling and working down to the floor, must be vacuumed with a HEPA vacuum or wiped with a damp cloth. This final rule requires that all remaining surfaces and objects in the work area, including floors, furniture and fixtures, be thoroughly vacuumed with a HEPA-equipped vacuum. When cleaning carpets, the HEPA vacuum must be equipped with a beater bar to aid in dislodging and collecting deep dust and lead from carpets. Where feasible, floor surfaces underneath area rugs must also be thoroughly vacuumed with a HEPA vacuum."

Renovators should think about the kind of work they do and related cleanup requirements before purchasing a HEPA vac.  It might even be wise to have more than one depending on the purpose it would be used for.  For example, a small HEPA vac might be easy to carry and adequate for small and or quick cleanups.  But, dragging a small vac with wheels around a large work area might be cumbersome and dragging it around through dust and debris might contaminate the vac.  On the other hand, a back pack style HEPA vac would be great for vacuuming the walls and or floors of a large work area.

Click here for an article about HEPA Vacuums, things to consider before purchasing one and some helpful links to manufacturers offering HEPA vacuums.

EPA Waffles on Which Vacuums Can Be Used to Clean Up Lead: This JLC article by Ted Cushman discusses challenges manufacturers are having verifying compliance of their HEPA vacs with the EPA requirements.  In addition to the high price tag that comes with a HEPA vac, these same challenges are also making it difficult for renovators trying to choose which vac to purchase.