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

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Dust Sampling Technician Responsibilities DSTs must: • Properly collect dust samples, send them to an EPA-recognized laboratory, and properly compare the results to clearance levels 457 ; and • Have copies of their course completion certificate (which serves as a DST’s certification 458 ) with them at the work site. 459 Certification Suspension, Revocation and Modification EPA may suspend, revoke, or modify the certification of: • An individual (renovator or DST) if he/she fails to comply with federal LBP requirements. • A certified renovator if he/she fails to ensure that all assigned renovations comply with the rule’s work practice standards. 460 An administrative or judicial finding of a violation or settlement of an enforcement action is evidence of failure to comply with LBP requirements. 461 The rule details the procedures EPA will use in suspending, revoking or modifying a certification. 462 457 40 C.F.R. § 745.90(c)(1). See also id. § 745.227(e)(8). 458 73 Fed. Reg. 21692, 21723, supra note 160. 459 40 C.F.R. § 745.90(c)(2). 460 40 C.F.R. § 745.91(a)(1). 461 40 C.F.R. § 745.91(a)(1). 462 40 C.F.R. § 745.91(b). 62 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK
4. Resource Conservation and Recovery Act Acronyms and Abbreviations in this Chapter AOC Administrative Order on Consent DOJ U.S. Department of Justice EBLL Elevated Blood-Lead Level EPA U.S. Environmental Protection Agency LBP Lead-Based Paint MSWLF Municipal Solid Waste Landfill RCRA Resource Conservation and Recovery Act UAO Unilateral Adminstrative Order A. Statutory Background The Resource Conservation and Recovery Act (RCRA) 463 was enacted in 1976, and consists of the Solid Waste Disposal Act of 1965 and subsequent amendments thereto. 464 RCRA regulates the generation, transportation, treatment, storage, and disposal of hazardous waste (Subtitle C 465 ); provides a framework for the management of non-hazardous waste, including standards for municipal solid waste landfills (MSWLFs)(Subtitle D 466 ); and regulates underground storage tanks (Subtitle I 467 ). Section 7003 of RCRA authorizes EPA to address an “imminent and substantial endangerment,” 468 and Section 7002 provides for citizen suits to address such hazards. 469 B. Waste from Residential Lead-Based Paint Renovations and Abatements EPA considers lead paint debris generated by contractors or residents from residential abatements, renovations, and remodeling projects to be “household waste,” exempt from RCRA’s hazardous waste regulations. 470 Therefore, contractors and residents may dispose of LBP waste from residential projects as household garbage into MSWLFs, 471 subject to applicable State regulations. 472 (Some state and local 463 42 U.S.C. §§ 6901 – 6992k. www.epa.gov/lawsregs/laws. 464 See www.epa.gov/compliance/civil/rcra. 465 42 U.S.C. §§ 6921-6939e. 466 42 U.S.C. §§ 6941-6949a. 467 42 U.S.C. §§ 6991-6991m. 468 42 U.S.C. § 6973. 469 42 U.S.C. § 6972. 470 EPA Memorandum, E. Cotsworth, Regulatory Status of Waste Generated by Contractors and Residents from Lead-Based Paint Activities Conducted in Households (July 31, 2000)(RCRA LBP Policy), www.epa.gov/lead/pubs/leaddebr.htm. Some states with delegated authority to implement RCRA may have different rules or take different interpretations. 471 Residential lead-based paint waste also may be disposed of a construction and demolition landfills. 40 C.F.R. Part 257. 68 Fed. Reg. 36487 (June 18, 2003). See also www.epa.gov/garbage/landfill/pb-paint.htm. NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 63
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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
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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 and 70: 4-9. Firm Certification and Respons
Page 71: Fig. 15: RRP Rule “Grandfathering
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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