EPA Proposes Expansion of Lead RRP Rule Into Public & Commercial Buildings

The Environmental Protection Agency (EPA) has issued an advance notice of proposed rulemaking concerning renovation, repair and painting activities on and in public and commercial buildings (P&CB).  The current regulation covers residences and child-occupied facilities (COF).  EPA is currently taking public comments regarding the document "Framework for Identifying and Evaluating Lead-Based Paint Hazards From Renovation, Repair, and Painting Activities in Public and Commercial Buildings".  This 23 page document provides a framework of how EPA intends on identifying health hazards and evaluating health risks regarding specific renovation activities.  Based on that evaluation, EPA will determine if regulatory intervention is necessary.

Peeling Lead Based Paint

Specifically EPA is requesting comments on:

• The utility of the approach discussed in the Framework to assessing risk to human health inside P&CBs as a result of P&CB renovations.
• Making a hazard finding inside nearby homes and COFs as a result of P&CB renovations.
• The overview of an analysis approach outlined in the Framework.

The Proposed Rule page can be found at: https://www.federalregister.gov/articles/2014/05/30/2014-12605/lead-framework-for-identifying-and-evaluating-lead-based-paint-hazards-from-renovation-repair-and

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Super Storm Sandy Cleanups, Educate Yourself!

Hope everyone survived Sandy, the Nor'easter, and Thanksgiving!  Since Sandy we've been getting a lot of phone calls on handling all the different issues related to the super storm.  Questions regarding mold, asbestos, lead, and the use of biocides.  In order to assist with providing information on these issues their are several videos we have worked with IAQTV and Cochrane & Associates to provide some basic information on these issues.  The most recent video is based on what it takes to dry out an area based on the type of water that has infiltrated the area. See our video "Dry Out Hazards Following a Flood or Water Incursion" at: http://www.youtube.com/watch?v=64u9RNPKbtI&feature=em-uploademail

Superstorm Sandy Uprooted/Broke Many Trees Causing Severe Power Outages

After super storm Sandy building materials were probably disturbed and may have become damaged requiring removal or replacing.  Anytime you are dealing with building materials, you are probably going to have to deal with asbestos and/or lead.  Asbestos was typically used as an insulator, however, the material can also be found in floor tiles & mastics, plaster-on-lathe, ceiling tiles, siding shingles, window caulking, & roofing shingles (remember asbestos is not banned and can be found in certain new building materials).  For more information about asbestos threats in the home, see our video "Asbestos Threats in the Home" at:  http://www.prlog.org/10943541-asbestos-threats-in-the-home-revealed-in-new-video.html.  In New York State workers and companies that disturb or handle asbestos are required to be certified and licensed.  In addition, projects that disturb/handle asbestos in quantities greater than 10 square feet and/or 25 linear feet require asbestos air/project monitoring to determine if the project has been completed properly.  This air/project monitoring firm and individuals must also be licensed and certified and are required to be completely independent of the contractor (must be hired by the owner of the facility/residence) handling/disturbing the asbestos.
Lead was usually used in paint and also in window caulking.  For more information about lead in the home, see our video "Lead Hazards in the Home" at:  http://www.youtube.com/watch?v=z5UnRr0tj88.  The Environmental Protection Agency (EPA) under the Renovation, Repair, and Painting Rules (RRP) requires renovation, remodeling, and painting contractors must be certified in lead paint work procedures.  Visit EPA's website regarding how this rule applies for post-disaster renovations: http://epa.gov/lead/rrp/emergency.html  . 
With significant water infiltration on the shore areas, if these areas were allowed to stay damp for longer than 48-hours, then mold had the opportunity to grow.  The extent of mold growth and type of mold would be based on the type of water (black, grey, or white) and the amount of water.  To learn more about mold see our video "Health Effects of Mold Exposure" at:  http://www.youtube.com/watch?v=DbKoonHwvHM  For those who have had sewage water (known as black water) infiltration into their residence/facility should see our video "Sewage Contamination Dangers" at:  http://www.youtube.com/watch?v=V4XORptvcX8.  When looking for contractors to handle mold, unlike asbestos and lead there is no federal, state or local licensing.  However, you should make sure the contractor you hire has workers who are industry certified in mold remediation from the American Council for Accredited Certifications (ACAC).  Find the ACAC and those certified individuals at:  http://acac.org/.
When it comes to biocides it is very important to be cautious, when using bleach or other stronger biocides.  Biocides (meaning kills life) are designed to kill and must be registered (licensed) with EPA under the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA).  The label is the law for these products.  Meaning the chemical must be used in accordance with the label.  The label must list all the limitations and where the product is allowed to be used.  For information about biocides visit EPA's website on FIFRA at:  http://www.epa.gov/lawsregs/laws/fifra.html and visit the following website for registered disinfectants: http://www.epa.gov/oppad001/chemregindex.htm  Remember EPA does NOT recommend the use of biocides for mold cleanups, visit EPA's website regarding using bleach for mold cleanups at http://iaq.supportportal.com/link/portal/23002/23007/Article/20290/Should-I-use-bleach-to-clean-up-mold .  See EPA's website and the EPA manual "A Brief Guide to Mold, Moisture, and Your Home" at: http://www.epa.gov/mold/moldguide.html.
To quote a Long Island retailer, "An educated consumer is our best customer.". In the case of environmental hazards it is the same.  Educate yourself on the hazards and you can better avoid hazards, unnecessary expenses & services, and headaches.  Please be safe and take care!

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Future Environment Designs Sponsors Public Outreach Lead Video

Image via Wikipedia

Future Environment Designs is proud to sponsor this Public Outreach Video on Lead and Lead Based Paint. The video was designed to help the public have a better understanding of the dangers regarding Lead and Lead Based Paint issue. We hope you enjoy it and it assists you better understand lead and lead based paint.

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EPA Region 2 Coordinator Discusses the RRP Rule

Image via WikipediaOn Friday, April 1, 2011, the Environmental Protection Agency’s (EPA) Region 2 Renovation, Repair , and Painting (RRP) Rule Coordinator Ms. Jeanette Dadusc was discussing the requirements and background of the rule. The topics covered included: introduction to the problem of childhood lead poisoning; Federal government’s response to childhood lead poisoning; how the RRP Rule was developed; the regulated universe of RRP facilities and activities; certification requirements for training providers, individuals, and firms; notification and work practice requirements; cleaning verification card; proposed rule changes; RRP frequent questions; and RRP enforcement strategy.

Her presentation was wide ranging, covered the full time of the presentation, and the handouts supplemented her presentation and were useful. Visit our website at http://futureenvironmentdesigns.com/news.html to find a copy of her handouts.  Some of the points regarding the childhood lead problem were:

• Lead based paint is the number one environmental health threat to children
• Children absorb 50% of the lead they ingest compared to adults, which absorb only 10%.
• According to the Centers for Disease Control (CDC), there is no known safe level of lead in blood.
• Discussions are ongoing regarding dropping the standard of lead blood level to 5 micrograms per deciliter (ug/dl) versus the current 10 ug/dl.
• Lead bioaccumulates in the body because it mimics calcium
• Children, who live in homes where renovation & remodeling activities were performed within the past year, are 30% more likely to have a blood lead level that equals or exceeds 10 ug/dl.

Some of the points regarding regulated universe of RRP facilities and activities were:

• Target housing is defined as housing constructed prior to 1978.  There are only 2 exceptions housing for the elderly or for person with disabilities (unless one or more children under 6 years old resides or is expected to reside in such housing), and 0-bedroom dwellings. Meaning hotels, motels, timeshares, and student housing is not exempt.
• Child Occupied Facility (COF) is defined as a building or portion of a building built prior to 1978 that is visited by the same child under age six for at least 3 hours per day, or at least 6 hours per week, or at least 60 hours per year. This includes common areas routinely used by the children under age 6 (i.e, restrooms, cafeterias), and adjacent exterior areas.

Other major points she covered were:

• Delead test kit added to the list of EPA approved test kits. The test kits must be used according to the manufacturer’s directions including materials that the test kits cannot be used on.
• Lead Based Paint Abatement Contractors require RRP Renovator Certification. Previous certification as a worker/supervisor allows the person to take the ½ day refresher class to become a renovator.
• Lead Waste – residential (homeowners & contractors) can dispose of lead waste bags with household waste. COFs must follow the hazardous waste regulations.

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Licensed Lead and Asbestos Inspector Sentenced to 63 Months in Prison

Image via WikipediaOn December 21, 2010, Preet Bharara, the United States Attorney for the Southern District of New York, aanounced that Saverio Todaro was sentenced to 63 months in prison for falsifying lead and asbestos inspection and testing reports for residences and other locations throughout the New York City area.  In addition, he was ordered to forfeit $304,395 and to pay $107,194 in restitution to the victims of his crimes and a fine of $45,000.  Mr. Todaro pled guility on March 6, 2010 to an 11-count indictment charging him with five counts of false statements, three counts of mail fraud, and three counts of violations of the Toxic Substances Control Act.  The sentences was imposed by U. S. District Judge Kimba M. Wood.
As we have discussed in our classes, this case has focused a bad light on the asbestos and lead consulting field.  This case will bring scrutiny and focus on the work of asbestos and lead inspectors throughout New York State and New York City.  In imposing the senence, Judge Wood stated that Todaro's crimes were "monumental."  Judge Wood noted that the health of New York City children and adults "heavily depends on inspectors" such as Todaro, and that the public "needs to be able to trust" them.  She stated that the sentence needed to send a message to all New York City inspectors that they are guardians of the public trust and that dishonesty in inspections will be punished.
There is no question that the acts of this individual were so outrageous it is not typical of the industry.  Realize this like Roslyn School District has changed the way things are done in schools.  This case may have similar impacts on our industry.  Asbestos and lead inspectors should be very carefull going forward in ensuring your inspections are performed in accordance with the regulations and standards for asbestos and lead.

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New Lead Paint Regulation Goes Into Effect - Happy Earth Day!

Image by wayneandwax via Flickr

Today is the 40th Birthday of Earth Day.  To celebrate the occasion, the Environmental Protection Agency's (EPA) Lead Based Paint (finalized in April 2008) regulation goes into effect today.  The regulation we are talking about is the Renovation, Repair and Painting (RRP) rule.  The purpose of this rule is prevent lead poisoning of children.  Starting today anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978, including all general contractors, maintenance staff, and special trade contractors (such as painters, plumbers, carpenters, and electricians), are required to be trained on lead-safe work practices (become certified renovators), requires the firms to be EPA-certified, and requires the use of lead-safe work practices.  In addition, the regulation requires the firms to keep records for three years of reports certifying that lead-based paint is not present, records relating to the distribution of the lead pamphlet, signed and dated opt-out clauses, and documentation of compliance with RRP.  These regulations do not apply if the firm obtained a signed statement from the owner (known as the opt-out provision) or the work is considered a minor repair and maintenance activitiy that disturb six square feet or less of paint per room inside, or 20 square feet or less on the exterior of a home or building.  The rule require firms performing renovations must ensure that:

• All individuals performing activities that disturb painted surfaces are either certified renovators or have been trained by a certified renovator.
• A certified renovator is assigned to each renovation and performs all of the certified renovator responsibilities.
• All renovations use lead safe work practices.
• Pre-renovation education requirements are performed, such as distribution of the Renovate Right pamphlet.
• Recordkeeping requirements are met.

Violators of this regulation can face penalties of up to $32,500 per violation, per day.  Needless to say if you have not taken this training and applied for EPA certification you cannot perform renovation work on housing or child-occupied facilities until you get your certification.  EPA has up to 90 days after receiving a complete request for certification to approve or disapprove the application.  EPA has said "it does not intend to take enforcement actions against firms who applied for firm certification before April 22 and are just waiting for their paperwork."  EPA also said "they anticipate that all applications filed before April 22 will be reviewed by June."  Based on EPA's website they estimate there are 129,000 to 150,000 trained certified renovators by today.  It would seem those certified renovators are going to be very busy. 

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