B. Federal Lead-Based Paint Enforcement Bench Book - National ...

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The RRP Rule does not modify TSCA’s Lead Hazard Standard, the Disclosure Rule, the Lead Safe Housing Rule, 290 or RCRA Section 7003. 291 The final RRP Rule was published as only amendments to the pre-existing regulations. Pending publication of the updated Code of Federal Regulations, the National Center for Healthy Housing produced an unofficial version of the full, revised regulations. www.centerforhealthyhousing.org/html/eparule.htm. EPA attempted to “harmonize” the RRP Rule with the pre-existing requirements of the PRE Rule. 292 The RRP Rule, however, both amends the PRE rule and adds significantly to it (making the PRE Rule a component of the new rule). For example, the RRP Rule: • Applies PRE (and other requirements) to renovations in COFs, as well as in target housing; • Imposes work practice standards for renovations; • Creates two new disciplines, renovators and DST, and requires certification for each; • Requires certification for renovation firms; • Provides new PRE options for renovations in common areas; and • Adds new notification and recordkeeping requirements. § 745.320, § 745.324, § 745.326, § 745.327, § 745.339. See also section III.D, above. 290 Some of HUD’s interim controls are regulated under the RRP Rule as renovations. In most cases, the HUD regulations are comparable to or more stringent than the RRP Rule. The RRP Rule, however, does not require dust clearance testing, which may be required by HUD after interim control activities. 73 Fed. Reg. 21692, 21753, supra note 160. The RRP Rule allows clearance testing in lieu of post-renovation cleaning verification provided the testing comports with RRP Rule requirements. 40 C.F.R. § 745.85(c). See section III.F.4-5, below. 291 The RRP Rule does not affect the disposal of waste from renovation projects, which is regulated as solid waste under RCRA. 73 Fed. Reg. 21692, 21753, supra note 160. See also, Part I.B of this book, Resource Conservation and Recovery Act – Waste from Residential Lead-Based Paint Renovations and Abatements. 292 73 Fed. Reg. 21692, 21753, supra note 160. 38 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK
4. Summary of Provisions Fig. 9: Summary of RRP Rule Provisions 4-1. Important Terms Renovation Child-occupied Facility 4-2. Applicability and Exemptions Overview Specific Exemptions - Lead-free Components - Emergency Renovations - Owner-Occupant Opt-Out Exemption Fig. 12: RRP Rule Exemptions 4-3. Effective and Implementation Dates Overview Implementation Schedule - Pre-renovation Education for COFs - Lead Hazard Information Pamphlets - Training Program Accreditation - Firm Certification - Individual Certification; Worker Training - Work Practice Standards and Recordkeeping - State/Tribal Authorization Fig. 13: RRP Rule Implementation Dates 4-4. Pre-renovation Education Overview Requirements - Renovations in Dwelling Units in Target Housing - Renovations in Common Areas in Multi-Unit Target Housing - Renovations in Child-Occupied Facilities Written Acknowledgement 4-5. Work Practice Standards Standards for Renovation Activities - General Requirements - Occupant Protection (Warning Signs) - Work Area Containment -- All Renovations -- Interior Renovations – Additional Requirements -- Exterior Renovations – Additional Requirements - Prohibited Practices - Renovation Waste - Cleaning the Work Area (continued, next column) 4-5. Work Practice Standards (continued) Post-renovation Visual Inspection: - Interior Renovations - Exterior Renovations Post-renovation Cleaning Verification - Overview - Windowsills - Bare Floors and Countertops Optional Dust Clearance Testing Fig. 14: RRP Rule Post-renovation Cleaning Verification 4.6. Recordkeeping Requirements Overview Records to be Retained Information to Customers 4.7. Enforcement and Inspections 4.8. Recognized Test Kits Overview Negative Test Kits Positive-Negative Test Kits Recognition Process 4-9. Firm Certification and Responsibilities Certification, Recertification, Amendments Firm Responsibilities Certification Suspension, Revocation and Modification 4-10. Individual Certification and Responsibilities Certification and Recertification “Grandfathering” Renovator Responsibilities Dust Sampling Technician Responsibilities Certification Suspension, Revocation, Modification Fig. 15: “Grandfathering” Provisions NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 39
Page 1 and 2: Federal Lead-Based Paint Enforcemen
Page 3 and 4: Foreword This bench book is written
Page 5 and 6: Detailed Table of Contents I. Intro
Page 7 and 8: Renovations in Dwelling Units in Ta
Page 9 and 10: 3. Case Resolution.................
Page 11 and 12: 1. Introduction A. Lead Poisoning a
Page 13 and 14: pervasive in buildings across the n
Page 15 and 16: 2. National Commitment to Eliminate
Page 17 and 18: • The LSH Rule applies to federal
Page 19 and 20: Fig. 3: Authority to Administer & E
Page 21 and 22: Fig. 4: Federal, State, and Local L
Page 23 and 24: Acronyms and Abbreviations This boo
Page 25 and 26: “Target housing” means “any h
Page 27 and 28: In truth, federal entities (agencie
Page 29 and 30: Certified Statements Sellers and la
Page 31 and 32: Inspections EPA and HUD conduct ins
Page 33 and 34: 6. Effect on Contracts Section 1018
Page 35 and 36: 2. TSCA Lead-Based Paint Regulation
Page 37 and 38: “Lead-contaminated soil” means
Page 39 and 40: EPA published the LBP Activities Ru
Page 41 and 42: • Provisions for re-accreditation
Page 43 and 44: 2. State/Tribal Programs: LBP Activ
Page 45 and 46: On April 22, 2008, EPA published th
Page 47: e a company; partnership; corporati
Page 51 and 52: • Do not involve any prohibited w
Page 53 and 54: • In target housing (including th
Page 55 and 56: the test results and other informat
Page 57 and 58: 4-3. Effective and Implementation D
Page 59 and 60: Fig. 13: RRP Rule Implementation Da
Page 61 and 62: o Provide the pamphlet to an adult
Page 63: “HEPA vacuum” means a vacuum cl
Page 67 and 68: and the renovator performed (or dir
Page 69 and 70: 4-9. Firm Certification and Respons
Page 71 and 72: Fig. 15: RRP Rule “Grandfathering
Page 73 and 74: 4. Resource Conservation and Recove
Page 75 and 76: 2. Requirements EPA must make three
Page 77 and 78: 4-2. In re 17 th Street Revocable T
Page 79 and 80: federal lead hazard standard is 40
Page 81 and 82: program. The rule encompasses more
Page 83 and 84: 6. Federal Lead-Based Paint Enforce
Page 85 and 86: Fig. 17: Enforcement Authority for
Page 87 and 88: EPA’s LBP enforcement and complia
Page 89 and 90: E. How Federal Enforcement Programs
Page 91 and 92: Enforcement Response Policy Title X
Page 93 and 94: 3. Case Resolution Administrative v
Page 95 and 96: dismissing EPA’s complaint. The E

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