Wayne's World

EPA-Recognized Test Kits

Currently, a lead test kit can be EPA-recognized if it meets the negative response criterion of no more than 5 percent false negatives, with 95 percent confidence for paint containing lead at or above the regulated level, 1.0 mg/cm² or 0.5 percent by weight. After September 1, 2010, the recognition of such kits will last until EPA publicizes its recognition of the first test kit that meets both the negative response and positive response criteria outlined in the 2008 Renovation, Repair and Painting (RRP) rule. (See below for preliminary results of EPA’s evaluation of test kits for both the negative response and positive response criteria.)

To date, EPA has recognized two currently available lead test kits, with limitations. They are the LeadCheck® kit and the State of Massachusetts kit.

• EPA recognizes that, when used by a certified renovator, the LeadCheck® lead test kit can reliably determine that regulated lead-based paint is not present on all surfaces except plaster and drywall. Certified inspectors, renovators, and risk assessors seeking to use the LeadCheck® kit for purposes of meeting requirements in the Renovation, Repair, and Painting Rule can purchase the LeadCheck® kits from either LeadCheck® directly or from certain retail outlets. LeadCheck® is manufactured by Hybrivet Systems, Inc.    To order a Hybrivet System LeadCheck® test kit call 508-651-7881 or e-mail Hybrivet at info@leadcheck.com.

Check back regularly for any updates or new products which may be approved by the EPA.

Wayne

I received a call earlier about a contractor inquiring about emergencies.  The question typically asked is “Does the RRP Rule apply to contractors working on home damaged by weather or an unforeseen emergency?

The EPA indicates that such damage from this type of situation could result in the need for emergency renovations.  Certain requirements of the RRP Rule do not apply to emergency renovations, which are renovation activities that were not planned but result from a sudden or unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage.

The information distribution requirements do not apply to emergency renovations.  Weather-based emergency renovations are also exempt from the warning sign, and wast handling, training, and certification requirements to the exten necessary to respond to the emergency.  These emergency renovations are not exempt from cleaning requirements, cleaning verification requirements, or recordkeeping requirements.

I hope that helps clarify emergency situations.

Wayne

There hasn’t been much said about the requirements for schools to have certified renovators.  However, with school just around the corner, administrations in various schools need to know the answer to this question.

Must maintenance workers at kindergartens and elementary schools become certified renovators if they perform renovations covered by the Renovaton, Repair, and Painting (RRP) Rule in the portions of the school that are child-occupied facilities?  Are the schools or school systems then required to become certified renovations firms?

Answer:  On or after April 22, 2010, all renovations covered by the RRP Rule must be directed by certified renovators and must be performed by certified renovators or individuals trained by a certified renovator. The RRP rule requires any firm, including a local government agency, that performs, offers, or claims to perform renovations to be certified by EPA.

It is clear   that the new RRP (Renovation, Repair and Painting) rules from the EPA that went into effect on April 22 are going to add  more to your estimate costs than many contractors have thought.

The reality is that the cost of remodeling or repairing any home built before 1978 will increase.  I doubt anyone will dispute that fact.   Right now, it looks like cost increases of at least $300 to $500 per job. That is the likely reality but reality. The bigger the job, the more it is going to cost.

There are claims by some that too much is being made of the rules, that the jobs won’t change that much so we shouldn’t be going crazy and worrying about the costs. Just keep stuff covered up, bag it, label it and you should be OK. Maybe yes, maybe no.

If you have that mindset, be careful.   Go through the required training so you are certified, follow the rules, do what you are supposed to do. Provide the required documentation to all building owners, and document everything you do. It’s going to take time, but consider this.

When the enforcement begins: There will be three agencies enforcing the rules. The EPA, OSHA and the FBI.   The fines for non-compliance are substantial ($37,500 for each violation, with an additional $37,500 per violation, or imprisonment, or both, for willful or knowingly violating the law). Don’t take the chance of becoming  a target.  governmental bureaucrat.

If you want more insight on the RRP rule, the Construction Business Owners group on LinkedIn has had a number of discussions and many of the members are well-trained in the issues.   Connect using my LinkedIn profile on the right, we’ll get you into the group.

Firms performing tasks that disturb no painted surfaces whatsoever do not need to be certified.  However, since conditions at the job site may be difficult to predict, EPA strongly recommends that all firms involved in the renovation be certified and use properly trained and certified personnel.  For example, a firm hired to install an HVAC system after demolition of painted surfaces has taken place may find that to complete the job painted surfaces need to be disturbed.  The HVAC firm may not engage in activities that disturb painted surfaces if it is not certified.

As every renovation job is different, it is up to the firm acting as the general contractor to determine what activities are within the scope of the renovation and to ensure that other firms are properly trained and certified for the tasks they will be performing.  All firms, including the firm acting as the general contractor, are responsible for making sure the renovation is performed in accordance with the work practice standards, including keeping containment intact and making sure lead dust and debris do not leave the work site.   General contractors should keep in mind that if a firm hires a subcontractor that fails to follow the work practice standards or otherwise violates the Renovation, Repair, and Painting rule, the firm that hired the subcontractor is also responsible for the violation.

Wayne Pope