Restoration & Remodeling

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EPA

LEAD LAW

40 CFR PART 745.

SECTION 1 Health Risks of Lead

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Introduction

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• Michael Curry; President: Milro Services Inc.

• Background: Extensive background in the construction industry. Over 25 years of experience dealing with insurance related restoration projects. Directed projects from $100 to several large scale million dollar jobs.

• Certifications/Licenses: We are licensed in NYC, Nassau, Suffolk and Westchester Counties and are certified members of the following organizations:

ASCR – Mold Remediation (Technician & Supervisor) IIRC –Fire, Water, Structural Drying and Applied Microbial NYSDOL – Asbestos Handler and Supervisor NYS – Independent License EPA

• Very Hazardous to Children Under Six

• Nervous system and kidney damage• Decreased intelligence, attention, deficit disorder• Speech, language and behavioral problems

Health Risks of Lead

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Health Risks of Lead

• Pregnant Woman Can Pass From Mother to Fetus

• Miscarriages

• Premature Births

• Brain Damage

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Health Affects for Adults

• High Blood Pressure• Fertility Problems in Men & Women• Nerve Disorders• Memory & Concentration Problems • Muscle or Joint Pain

Health Risks of Lead

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• New Lead Laws: Long Time in the Making

• 1978 Consumer Product Safety: Commission banned the sale of lead based paint for residential use

• OSHA Construction Standard. 1992

• EPA/HUD Lead Disclosure Rule: Save or lease of HUD Housing. 1996

• Lead Based Paint Activities Rule: Standards For: Abatement, Risk Assessment, Lead Inspection

Health Risks of Lead

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• EPA’s Final Rule

• 40 CFR, 745 (Federal Registry) Renovation, Repair and Painting

• Effective April 22, 2010 Applies to Pre-1978

1. Target housing-Houses built before 19782. Child occupied facilities

• Triggers Renovation performed for compensation Paint disturbance (AICA Renovation)

• 40 CFR, 745.80 to 745.91

• April 22, 2008 Federal Registry

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Health Risks of Lead

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SECTION 2How the New EPA (and other existing)Lead Regulations Will Impact the Insurance Industry

• Impact of RRP Rule

• 8.4 million renovation events annually of which this rule will apply to approximately 30%

• New York area is an older community and is expected to yield a higher percentage of lead projects

• 35% of homes in the United States have lead

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RPR Rule

How Widespread is Lead Based Paint in Housing?

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Year House Was Built Percent of Houses with Lead Based Pain

Before 1940 86 Percent

1940-1959 66 Percent

1960-1978 25 Percent

All Housing 35 Percent

Questions

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• Contractors must become certified firms

• Technicians/Laborer must be trained by a EPA approved training facility

• EPA Certified Renovators allowed to train others

• Need to have paperwork proof on location of training and certification

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What Will Change?

Only for leases and sales of target housing

For renovations in target housing and child-occupied facilities

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A New Booklet

“Applies to all renovations performed for compensation in target housing and child-occupied facilities.”

40 CFR 745.80

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Scope of RPR Rule

• House built in 1978 or later

• Not target housing or child-occupied facility

• Project avoids lead-based paint identified by risk assessor or lead inspector

• Minor is based on amount of paint disturbed

• Do it yourself – No compensation Realistically only applies if tenant does work on

tenant’s unit

• Perform only minor repair and maintenance work

• If it’s there, we care (be careful) different agencies; OSHA, HUD

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Major Exclusions

• Disrupt six square feet or less of painted surface per room for interior activities

• Twenty square feet or less of painted surface for exterior activities

• Always covered by rule: Using prohibited/restricted work practices Conducting:

1. Window replacement2. Demolition of painted surface areas

• Count: Entire surface area removed Work in same room within 30 days

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Minor Repair and Maintenance

• Emergency Renovation: Sudden, unexpected event If not immediately attended to:

1. Presents a safety or public health hazard2. Threatens equipment and/or property with

significant damage

• However, MUST still follow: Cleaning Requirements Cleaning Verification Recordkeeping

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Emergency Renovation Exclusion

• Exempt from: Information distribution Warning signs Containment Waste handling Training Certification

• But only necessary to extent necessary to respond to emergency

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Emergency Renovation Exclusion

Lead poisoning is still a major health problem – especially for children

Renovation work (and other activities) contributes to unseen lead poisoning in workers and occupants

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Why were the EPA and other Rules Developed?

Be careful. If it’s there we care!

Questions

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• Equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight

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Positive Lead Tests

• Renovations must be performed by certified firms using certified renovators

• Firms must post signs clearly identifying the work area and warning occupants and other persons not involved in renovation activities to remain out of the work area. These signs should be in the language of the occupants

• Prior to the renovation the firm must contain the work area so that no dust or debris leaves the work area while the renovation is being performed

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General Setup

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• Open flame burning or torching of lead-based paint;

• Use of machines that remove lead-based paint through high speed operations such as sanding, grinding, power planning, needle gun, abrasive blasting, or sandblasting, unless such machines are used with HEPA exhaust control

• Operating a heat gun on lead-based paint at temperatures of 1100 degrees Fahrenheit or higher

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Work Practices Prohibited During 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

• At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activities must be stored to prevent access to and the release of dust and debris

• Waste transportation from renovation activities must be contained to prevent release of dust and debris

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Waste from Renovations

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Specific to Interior Renovations• Remove all objects from the work area or cover them with plastic

sheeting with all seams and edges sealed

• Close and cover all ducts opening in the work area with taped-down plastic sheeting

• Close windows and doors in the work area. Door must be covered with plastic sheeting

• Cover the floor surface with taped-down plastic sheeting in the work area a minimum of six feet beyond the perimeter of surfaces undergoing renovation of a sufficient distance to contain the dust, whichever is greater

• Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, area free of gust and debris when leaving the work area

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Work Practice Requirements

• Collect all paint chips and debris, and seal it in heavy-bag

• Remove and dispose of protective sheeting as waste

• Clean all objects and surfaces in the work area and within two feet of the work are in the following manner:

1. Clean walls starting at the celling and working down to the door by either vacuuming with a HEPA vacuum or wiping with a damp cloth

1. Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture and textures, with a HEPA vacuum.

1. Wipe all remaining surfaces and objects in the work area, except for upholstery surfaces, with a damp cloth. Mop uncarpeted floors thoroughly using a mopping method that keeps wash water separate from the rinse water, or using a wet mopping system.

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Once Renovation is Complete

Yes

Yes

No

No

Certified renovator must perform a visual inspection. Is dust, debris or residue present?

Does the contract, or another federal, state, territorial, tribal, or local regulation, require clearance testing at the conclusion of renovation?

Are the dust clearance samples required to be collected by a certified inspector, risk assessor or dust sampling technician, and is the renovation firm required to re-clean the work area until the dust clearance sample results are below applicable clearance standards

When you meet the applicable clearance standards, your finished!

The area must be re-

cleaned and another

visual inspection must be

performed.

Continue to

Cleaning

Verification

Procedure

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FLOWCHART: Interior Cleaning Verification: Visual Inspection and Optional Clearance Testing

Yes

Yes

No

Certified Renovator must wipe all uncarpeted floors, countertops, and windowsills within the work area with a wet disposable cleaning cloth. Is the cloth used for any area darker than the cleaning verification card?

Does the contract, or another federal, state, territorial, tribal, or local regulation, require clearance testing at the conclusion of renovation?

Are the dust clearance samples required to be collected by a certified inspector, risk assessor or dust sampling technician, and is the renovation firm required to re-clean the work area until the dust clearance sample results are below applicable clearance standards

The area must be re-

cleaned and another

visual inspection must be

performed.

Continue to

Cleaning

Verification

Procedure

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FLOWCHART: Interior Cleaning Verification: Floors, Countertops and Window Sills

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FLOWCHART: Interior Cleaning Verification: Floors, Countertops, and Window Sills

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The firm must:•Close all doors and windows within 20 feet of the renovation•Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting in a manner that allows workers to pass through while containing dust and debris.•Cover the ground with plastic sheeting or other disposable material extending a minimum of 10 feet beyond the perimeter or a sufficient distance to collect falling paint debris, whichever is greater.•In situations such as where work areas are in close proximity to other buildings, windy conditions, etc., the renovation firm must take extra precautions in containing the work area, like vertical containment.•After the renovation has been completed the firm must clean the work area until no dust debris or residue remains. The firm must:

1. Collect all paint chips and debris, and seat it in a heavy-duty bag2. Remove and dispose of protective sheeting as waste3. Waste transportation from renovation activities must be contained to prevent release of dust and debris.

Work Practice Requirement Specific to Exterior Renovations

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Job Site Records

• Copies of certified firm and certified renovator certifications (must be kept on site)

• Lead based paint testing results when an EPA-recognized test kit is used.

• Proof of owner/occupant pre-renovation right education

• Non-certified worker training documentation (must be kept on site)

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Recordkeeping: Pre-renovation Education Records

In Target Housing – Individual units:• Must acquire either written proof of receipt by an adult occupant or

proof of delivery/unsuccessful delivery of Renovate Right, or:

• Written proof of receipt of Renovate Right by owner or proof of mailing (if mailing, send 7 days prior to renovation).

In Target Housing – Common Areas (Two Options)• Provide written notifications to each affected unit and make Renovate

Right pamphlet available on request.• Keep copies or pictures of the signs and notices posted.

In Child –Occupied Facilities • Written proof of receipt of Renovate Right by owner or proof of

mailing required (If mailing, send 7 days prior to renovation)• Maintain proof of receipt by owner or adult representative, or certify

in writing that the Renovate Right pamphlet has been delivered to facility

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Recordkeeping: Post-Renovation Reporting

At the end of each renovation, the Certified Renovator must sign a report including the following information:

• Name of Certified Renovator assigned to lead the project;• Copy of Certified Renovator certification(s)• Certification from a Certified Renovator of non-certified worker training,

and a list of the topics covered• Certification of posting of warning signs• Description of chemical spot testing, if any performed• Certification by the Certified Renovator of work area containment,

on-site waste containment and transport, proper post renovation work area cleaning, and of successful cleaning verification.

• Clearance report, if performed

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Recordkeeping

• Must be kept for 3 years • EPA can stop at any job any time and check for paper work• EPA can audit our records• Fines for non-compliance of $32,500 per day

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MILRO/DKI: Xactimate Sketch (See full estimate in back of booklet)

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ConclusionSECTION 3

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Conclusion

• Milro has already successfully computed several restorations where lead was present

• Milro is in compliance with all agencies; OSHA, HUD & EPA1. Milro is a EPA certified renovator2. Line Items

• For the activities necessary to properly perform repairs where lead is present can be located in Xactimate.

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Remember, You Can Always Rely on the Milro Man!

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Thank you