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

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The rule also details the procedures EPA will follow in suspending, revoking or modifying a firm’s certification. 436 4-10. Individual Certification and Responsibilities 437 Certification and Recertification 438 To become a certified renovator or DST, a person must successfully complete the appropriate EPA (or State/Tribal) accredited course, and complete a refresher course every five years to maintain certification. 439 Certification allows the individual to perform renovations, or dust clearance sampling for renovations, in any EPA-run jurisdiction. 440 “Grandfathering” Individuals who have “successfully completed” certain accredited lead-safe work practices training can obtain RRP certification as a renovator or DST by taking a four-hour RRP refresher course, rather than the eighthour initial course 441 : • A person may obtain renovator certification if he/she has completed an: o Accredited abatement worker course; o Accredited abatement supervisor course; or o EPA, HUD, or EPA/HUD “model renovator training course.” 442 • A person may obtain DST certification if he/she has completed an accredited LBP inspector or risk assessor course. 443 See Fig. 15: RRP Rule “Grandfathering” Provisions. Grandfathering provisions do not apply to: • Renovation firms; • Certified LBP inspectors and risk assessors, since they are already qualified to perform dust sampling as part of a lead hazard screen, risk assessment, or abatement 444 ; or • Completion of HUD’s Lead Maintenance course. 445 435 40 C.F.R. § 745.91(a)(2). 436 40 C.F.R. § 745.91(b). 437 40 C.F.R. § 745.90. 438 40 C.F.R. § 745.90. 439 40 C.F.R. § 745.90(a)(1), (4). 440 40 C.F.R. § 745.90(a)(1). 441 40 C.F.R. § 745.90(a)(2)-(3). 73 Fed. Reg. 21692, 21724, supra note 160. 442 40 C.F.R. § 745.90(a)(2). EPA sources indicate that only the following courses qualify: • EPA’s model course, “Minimizing Lead-Based Paint Hazards During Renovation, Remodeling, and Painting”; • HUD’s course entitled “Addressing Lead-Based Paint Hazards During Renovation, Remodeling and Rehabilitation in Federally Owned and Assisted Housing”; and • The EPA-HUD curriculum entitled “Lead Safety for Remodeling, Repair, and Painting.” 443 40 C.F.R. § 745.90(a)(3). 444 73 Fed. Reg. 21692, 21721, 21724, supra note 160. 445 73 Fed. Reg. 21692, 21721, supra note 160. 60 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK
Fig. 15: RRP Rule “Grandfathering” Provisions Prior Training (Completion of the prior training listed below) Abatement Worker Training Abatement Supervisor Training EPA &/or HUD Model Renovation Training LBP Inspector Training LBP Risk Assessor Training + RRP Refresher (Completion of the RRP refresher course listed below) Refresher Renovator Course Refresher DST Course = RRP Certification (Qualifies one for the RRP certification listed below) Renovator Renovator Responsibilities 446 Certified renovators must ensure compliance with work practice standards – and must: • Perform the visual inspection and post-renovation cleaning verification. 447 (This function and the other tasks cannot be delegated.) • Perform, or direct uncertified workers who perform, renovation activities (posting signs, containment, prohibited practices, waste control, and cleaning). 448 • Train uncertified workers on lead-safe work practices for their assigned tasks. 449 • Be “physically present at the work site” when warning signs are posted, and during work area containment and cleaning. 450 • “Regularly direct” work performed by others to ensure adherence to the work practices, including “maintaining the integrity of containment barriers and ensuring that dust or debris does not spread beyond the work area.” 451 • Be available on-site or by telephone at all times that renovations are underway. 452 • When requested by the customer, must use an acceptable test kit to determine whether affected components are lead-free (as explained above). 453 • Have copies of their course completion certificate (which serves as the renovator’s certification 454 ) with them at the work site. 455 • Prepare records required to verify compliance with the work practices. 456 446 40 C.F.R. § 745.90(b). 447 40 C.F.R. § 745.90(b)(1). 448 Id. 449 40 C.F.R. § 745.90(b)(2). 450 40 C.F.R. § 745.90(b)(3). 451 40 C.F.R. § 745.90(b)(4). In EPA’s view, the renovator must be present “often enough to ensure that no violation” occurs. 452 40 C.F.R. § 745.90(b)(5). 453 40 C.F.R. § 745.90(b)(6). Nothing in the rule prohibits a contractor from using a test kit at times other than upon customer request. 454 73 Fed. Reg. 21692, 21723, supra note 160. 455 40 C.F.R. § 745.90(b)(7). 456 40 C.F.R. § 745.91(b)(8). The renovator may use EPA’s sample checklist. Future Sample Renovation Recordkeeping Checklist, www.epa.gov/lead/pubs/renovation.htm#contractors. DST NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 61
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Federal Lead-Based Paint Enforcemen
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Foreword This bench book is written
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Detailed Table of Contents I. Intro
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Renovations in Dwelling Units in Ta
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3. Case Resolution.................
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1. Introduction A. Lead Poisoning a
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pervasive in buildings across the n
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2. National Commitment to Eliminate
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• 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 and 50: 4. Summary of Provisions Fig. 9: Su
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: 4-9. Firm Certification and Respons
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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