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

Recommendations

Info

4-1. Important Terms The RRP Rule introduces new regulatory terms, and substantively modifies existing ones. “Renovation” and “child-occupied facility” are seminal terms. (Other terms are discussed below in the context within which they appear in the rule.) “Renovation” “Renovation” means “modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces” unless part of an abatement. 293 The RRP Rule and PRE Rule cover a “virtually identical” universe of activities, 294 except for a change in the exclusion for “minor” activities (explained below). To clarify the broad reach of the new rule, 295 however, EPA has provided a more extensive illustration of covered projects. See Fig. 10: Comparison: Definition of “Renovation.” Therefore, the term “renovation” explicitly includes: • Removal, modification, and repair of painted surfaces or components 296 (e.g., modification of painted doors; and dust-generating surface preparation, such as sanding and scraping); • Removal of “building components,” such as walls, ceilings, plumbing, windows; • Window repair; • Surface restoration; • Weatherization projects (e.g., cutting holes to blow-in insulation or access attics; planing thresholds for weather-stripping); • Renovation to convert a building (or part thereof) into target housing or a COF; and • “Interim controls that disturb painted surfaces.” 297 “Interim controls” are “measures designed to temporarily reduce human exposure or likely exposure” to LBP hazards, including “specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring” of LBP hazards or potential hazards, and “resident education programs.” 298 “Renovation” excludes “minor repair and maintenance activities” 299 (sometimes called the “de minimis exception”). “Minor” activities mean those which: • Disrupt a painted surface of six square feet or less (
• Do not involve any prohibited work practices, 301 window replacement, or demolition. 302 In calculating whether a project qualifies for this exception: • Non-emergency jobs in the same room within 30 days are a considered the same job 303 ; and • When removing painted components (e.g., baseboards or doors), the amount of surface area disturbed is the “entire surface area removed,” rather than merely the so-called “cut-line” around the perimeter of the component. 301 o See 40 C.F.R. § 745.85(a)(3)(torching, paint removal via high speed operation, heat gun >1,100 F). See section III.F.4-5, below. 302 40 C.F.R. § 745.83. 303 40 C.F.R. § 745.83. The RRP Rule discourages “segmenting” larger jobs into smaller ones to come within the “minor” activities exemption. NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 41
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 and 48: e a company; partnership; corporati
Page 49: 4. Summary of Provisions Fig. 9: Su
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

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?