New EPA Lead-Based Paint Renovation, Repair & Painting Rule in effect 4/2010

 Contractors who perform certain work in homes, child care facilities, and schools built before 1978 must follow new requirements.  Beginning April 2010, contractors performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.
   The new Environmental Protection Agency rules include pre-renovation advisement requirements as well as training, certification, and work practice requirements.
Pre-renovation advisement requirement

• Contractors, property managers, and others (including maintenance workers) who perform renovations for compensation in residential houses, apartments, and child-occupied facilities built before 1978 are required to distribute a lead pamphlet before starting renovation work.  These pamphlets, available in both English and Spanish, are available at the EPA’s website at www.epa.gov/lead/pubs/renovaterightbrochure.pdf
   
• Contractors should document the distribution of the pamphlet. An EPA form can aid in this effort, and can also be found at the EPA’s website at  www.epa.gov/lead/pubs/pre-renovationform.pdf

More training, certification, and work practice requirements

   The following requirements will become effective as of April 22, 2010:

• Firms will be required to be certified, their employees must be trained in use of lead-safe work practices, and lead-safe work practices which minimize occupants' exposure to lead hazards must be followed.
• Renovation will be broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement.
• The program will enact requirements from both Section 402(c) and 406(b) of the Toxic Substances Hazardous Control Act.   A copy of the Act is available at www.epa.gov/lead/pubs/titleten.html (EPA's lead regulations can be found at 40 CFR Part 745, Subpart E.)

The Builders Association of Northern Nevada (BANN) is currently working with NAHB and other associations, as well as with educators in Northern Nevada, on ways to achieve the requirements of the Act.  These include but are not limited to:

• Development of accreditation programs for training providers
• Prescribe the requirements and manner for testing the competency of license applicants
• Prescribe actions and circumstances that constitute failure to achieve or maintain competency
• Develop and conduct programs to screen blood lead levels, identify hazards, and educate the public about lead based paint hazards and protective measures as well as impose fees to cover administrative costs

Currently, there are only a few certified trainers in Nevada.  The Builders Association of Northern Nevada is working with Truckee Meadows Community College to schedule lead paint certification courses for its members.  Successful completion this training will meet the requirements of the new Rule.  TMCC is one of three EPA Region IX training facilities who will be offering this course prior to the April, 2010 implementation date.  You will learn about the hazards of lead paint, safe work practices, cleanup and more.  Upon successful completion, contractors can apply for EPA certification.  This course will be approved only for purposes of certifications under Section 402 of the Toxic Substance Control Act.