3 Simple Steps for Full compliance of EPA’s Lead Based Paint,

Renovation, Repair and Painting Rule

• Presented by: Lee E. Wasserman, Pres. LEW Corp.

www.LEWCorp.com800-783-0567

• The Background of RRP• The 80/20 Rule & Risk Management• Step 1. What it REALLY means to be “Certified”• Step 2. How to do the work the “KISS” (Keep It

Simple Silly) way• Step 3. If an “Action” occurs, Its all in the

“Records” – Document, Document….

Learning Objectives

• EPA’s Renovation Repair and Painting Rule (40 CFR part 745) 4/2010

• Refresher training began 1/23/15 (90days before), 4/23/15 first refreshers required.

• 4/17/15 EPA publishes 1 Year Extension, Why?– Smooth out volume (750K)– Further assess Rule

Requirements

• Rule requires!– ALL Trades, who disturb

Pre-1978 painted surfaces for compensation, in Residential & Child Occupied facilities MUST be an EPA Certified firm & MUST employ an EPA Certified Lead Safe Renovator (Supervisor).

The Background

www.RRPTrainer.com

• CDC announces & releases the new Lead Reference Value of 5ug/dl. (vs. 10)

• Estimated 500k more children will be identified with a Blood lead level of concern.

• 1:53 (CDC)

• HUD releases after 18 years NEW 2012 HUD Guidelines for the Evaluation and Control of Lead Based paint and Lead paint Hazards.

• Lee Wasserman, Acknowledged

Since 2010

Then and Now2010 Rule first became effective, EPA was in Compliance Assistance Mode

2015 – 2016 First Anniversary, EPA is in Enforcement Mode

12/2014 (EPA) announced 61 enforcement actions that require renovation contractors and training providers to protect people from harmful exposure to lead dust and debris, as required by EPA’s Lead-based Paint Renovation, Repair, and Painting (RRP) standards.

The settlements led to $213,171 in civil penalties and the violators coming into compliance with federal law.

These recent actions are in addition to EPA’s settlement with Lowe’s Home Improvement in April 2014, which included a $500,000 civil penalty as well as implementation of a corporate-wide RRP compliance program.

61 Enforcement Actions

80/20 RULE – RISK MANAGEMENT

• The Pareto principle is used in occupational health and safety to underline the importance of hazard prioritization (Pb & RRP Compliance). Assuming 20% of the hazards (Pb) will account for 80% of the injuries and by categorizing hazards, safety professionals can target those 20% of the hazards that cause 80% of the lead poisoning injuries or accidents.

Mathematically, the 80–20 rule is roughly followed by a power law distribution (also known as a Pareto distribution) for a particular set of parameters, and many natural phenomena have been shown empirically to exhibit such a distribution.

• If you do 3 Simple Steps (20%) consistently you will SUBSTANTIALLY minimize (80%) of the Risk associated with Lead-Based Paint & Lead Paint disturbances.

• 80% of the Risk to the Trades, is associated with only 3 simple Steps! “Certification”, “KISS”, & “Document, Document”..

80/20 RRP ruleThe Pareto principle - RRP

• Per the RRP Rule, ALL Trades who disturb a painted surface in pre-1978 residential & Child Occupied Facilities MUST be;– An EPA Certified Firm, 5 year Certification • 4/16/15 EPA Extension NOT for firms!! MUST RENEW!!• Application to EPA found http://

www2.epa.gov/lead/epa-lead-safe-certification-program• Recertification Fee $300.00

– Must employ, “Certified Lead Safe Renovator”• 4/16/15 EPA Extension applies• Course fee, ½ Day Refresh, good for 5 years.

Step 1 – “Certified”

• Step #1 Being properly, “CERTIFIED”.

• If you don’t have the proper FEDERALLY REQUIRED certifications, Firm and Renovator, you are Negligent & Liable from inception!!!!!

Step 1 – “Certified”

www.RRPTRainer.com

• If you are and they are NOT?• If they are not, can the consumer

trust them?• If they are not, what other rules

might they be not complying with?• If they are not will they put your

family at Risk of a well know Environmental Toxic material - Lead Poisoning.

• If not are you willing to risk a lead contaminated home?

• Who do you want the person in your home, doing the work, and contracting with to be?

“Certified as a Sales Tool”

Step 2 – How to do the work the “KISS” wayKISS = Keep It Simple Silly

Checklists Packets (EPA gave & Requires one to be completed for EACH project) (Double Dipper also Part of Paper Trail)

Assess project risk: kids <6, kids >7, No kidsArchitect/Warden Analogy – Once upon a time…..there was a need for an Architect who had a specialty in designing Prisons for Environmentally Toxic Bad Dudes. He built both High Risk – Maximum Security as well as low risk, half way homes. He designed the security and managed his risk based on who he was trying to protect!

After the Ribbon cutting. The warden takes over. SOLE job is to be “Responsible” for the Environmentally Toxic Bad dudes within the “Containment” of the prison while simultaneously protecting all the good outside.

Basic RRP KISS Lead Safe Work Practices (Efficient & Effective)1. Paper compliance packet2. Checklist 3. Renovate Right Distribution4. Assess paint (chemical or presume)5. Post signs6. Use 6ml Plastic containment7. Have a HEPA Vacuum, pre vacuum8. Remove or cover belongings9. Contain area of paint disturbances10. Turn off HVAC (if forced air)11. Eliminate access to work area(s)12. Avoid high risk activities13. Fold Plastic Dirty side in & dispose of14. HEPA vacuum, Wash, Hepa Vacuum15. Cleaning verification or Dust Wipe

clearance16. Verify all completed via Checklist

RRP Checklist

• Put in picture of checklist

RRP additionally requires: §745.86 Recordkeeping and reporting requirements.(c)(1) When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this subpart to the following persons:(i) The owner of the building; and, if different,(ii) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

2-16

VERTICAL CONTAINMENT

1-17

THINK ABOUT OUR KIDS

1-18

THINK ABOUT YOUR HEALTH

Just Think!

2-20

Current Interior Set-Up Practicesthat Poison children

• Reusable drop cloth• Furniture and household

objects in the room• Open doors and windows• Broom or shop vacuum

Do not use these practices when lead is present!

• §745.86 Recordkeeping and reporting requirements.

• http://www.ecfr.gov/cgi-bin/text-idx?SID=cd05f748c481fd0ec85ffb94b9193066&node=sp40.31.745.e&rgn=div6#se40.31.745_186

The Records – “Document, document”

• (a) Firms performing renovations must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with this subpart for a period of 3 years following completion of the renovation.

The Records

• (1) Records or reports certifying that a determination was made that lead-based paint is not present or Lead Paint is “Presumed” present.

• (2) Signed and dated acknowledgments of receipt as described in §745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A). “Renovate Right”

The Records

• (6) Documentation of compliance with the requirements of §745.85– Training was provided to workers (topics must be

identified for each worker).– (ii) Warning signs were posted at the entrances to the

work area.– (iii) If test kits were used, that the specified brand of

kits was used at the specified locations and that the results were as specified.

– (v) The work area was contained by:

• (vi) Waste was contained on-site and while being transported off-site.

• (vii) The work area was properly cleaned after the renovation by:

• (viii) The certified renovator performed the post-renovation cleaning verification

• (c)(1) When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this subpart to the following persons:– (i) The owner of the building; and, if different,– (ii) An adult occupant of the residential dwelling, if the

renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

RRP Checklist• Put in picture of checklist

RRP additionally requires: §745.86 Recordkeeping and reporting requirements.(c)(1) When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this subpart to the following persons:(i) The owner of the building; and, if different,(ii) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

• Frequently based on Tips and Complaints. • When they arrive, they want to see – Step 1: Proper Certification, “Certified” (firm &

Super)– Step 2: They want to examine your KISS Safe Work

Practices if accessible at time of visit. (Sign, Plastic, HEPA Vac.)

– Step 3: They want to examine your “Records”

EPA Enforcement

• If you don’t have your “Records” you are saying to; EPA, HUD, Local Government and the legal community:

EPA Enforcement

• Step # 1: Be properly “Certified” – A few bucks and a few minutes!!! Then DONE for 5

years • Step #2: KISS - Lead Safe Work Practices– Checklist, Containment, HEPA-Wash-HEPA, Cleaning

Verification or Clearance• Step #3: Records– Document, Checklist, Send copy to client with

Invoice or 30 days.

Summarize 3 Simple Steps RRP compliance

Thank you!Lee E. WassermanPresidentLwasserman@LEWCorp.com800-783-0567

www.RRPTrainer.com to find the next scheduled RRP Initial & Refresher course in your community