The USEPA's New Lead Rule

April 1, 2010

usepa-logo.jpgAccording to a study conducted by the United States Department of Urban Housing and Development, (HUD), about 74 percent (%) of privately-owned housing units in the United States built before 1980 contain lead-based paint.  Congress passed laws during 1978 outlawing the use of lead in paint.  However, the law only banned the use of lead in paint manufactured after that time period, and multiple layers of old lead-based paint remain on houses and apartments constructed before the ban went into effect.  Lead paint flakes, chips, and dust sheds from older and poorly kept or maintained housing pose a great risk to small children.  Many cases of lead poisoning also result when homes containing lead-based paint are remodelled or renovated without precautions being taken.

 

Almost 1,000,000 children have elevated blood lead levels as a result of exposure to lead hazards.  Delayed growth and hearing loss, hyperactivity and irritability, learning disabilities, and lower intelligence have all been linked to children that are exposed and affected by even small amounts of lead.  Children under six years old are most at risk.  In addition, adults exposed to lead hazards can suffer from high blood pressure, headaches, and memory loss.  At high levels, lead can cause permanent brain damage, and even death.

 

To protect against this risk, on April 22, 2008, the United States Environmental Protection Agency (USEPA) issued 40 CFR § 745.80, Subpart E, which requires the use of lead-safe practices and other actions aimed at preventing lead poisoning.  Under the rule, beginning on April 22, 2010, contractors performing renovation, repair, and painting projects that disturb more than 6 square feet of lead-based paint in homes, childcare facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.

 

The subpart contains regulations developed under sections 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and applies to all renovations performed for compensation in target housing and child-occupied facilities. 

 

The general purpose of the subpart is to ensure that:

  • Owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before renovations begin (specifically be provided USEPA’s lead hazard information pamphlet “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools”).  Contractors must document compliance with this requirement and USEPA’s “Pre-Renovation Disclosure Form” can be used for this purpose.
  • Individuals performing renovations regulated in accordance with 40 CFR §745.82 are properly trained; renovators and firms performing these renovations are certified; and the work practices in §745.85 are followed during the renovations.

 

In general, contractors performing renovations and work must address the following:

  1. Occupant Protection. Firms must post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area.  The signs must be posted before beginning the renovation and must remain in place and readable until the renovation and the post-renovation cleaning verification has been completed.
  2. Containing the Work Area. Before beginning the renovation, contractors must isolate the work area while the renovation is being performed.  Also, the firm must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that dust or debris does not leave the work area while the renovation is being performed.  The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency.
  3. Prohibited and Restricted Practices. Practices that are prohibited or restricted include a) open-flame burning or torching of lead-based paint; b) using machines that remove lead-based paint through high speed operation such as sanding, grinding, power planting, needle gun, abrasive blasting, or sandblasting, unless such machines are used with HEPA exhaust control; and c) operating a heat gun on lead-based paint above temperatures of 1,100 degrees Fahrenheit.
  4. Waste from Renovations. Waste from renovation activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal.  Chutes used to remove waste from work areas must be covered.
  5. Cleaning the Work Area. After the renovation has been completed, the firm must clean the work area until dust, debris or residue does not remain.  Only a certified renovator can perform a visual inspection to determine whether dust, debris, or residue is still present.  The use of USEPA-approved test kits and/or laboratory analyses to verify compliance is optional.  

 

For more information regarding the rule, certification requirements, and other related topics, click here.


Peter D. Frank, - Associate/Senior Hydrogeologist, P.G.
pdfrank@geoinc.com