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Region 10: The Pacific Northwest |  |
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Serving the people of Alaska, Idaho, Oregon, Washington and 270 Native Tribes
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Lead Frequently Asked Questions
Lead Disclosure Rule About the Rule Go to top Affected Housing Q: What type of housing is affected by this Rule? A: This rule applies to all housing defined as "target housing," which includes most private housing, housing receiving Federal Assistance, and Federally owned housing built before 1978. Q: What type of housing is not affected by this rule? A: Housing that is not affected by this rule includes: Q: How does this rule apply to housing common areas such as stairwells, lobbies, and laundry rooms? A: Common areas are those areas in multifamily housing structures that are used or are accessible to all occupants. The rule requires that sellers and lessors disclose available lead information about common areas so that families can be informed about preventive actions. Go to top Q: Why doesn’t this rule affect housing built after 1978? A: Congress did not extend the law to housing built after 1978 because the Consumer Product Safety Commission banned the use of lead-based paint to be used in housing in 1978. Q: Is my home unsafe if it contains lead-based paint? A: Approximately three-quarters of the nation’s housing built before 1978 contains some lead-based paint. This paint, if properly managed and maintained, poses little risk. If allowed to deteriorate, lead from paint can threaten the health of occupants, especially children under 6 years old. If families and building owners are aware of the presence of lead-based paint and the proper actions to take, most lead-based paint hazards can be managed. The EPA pamphlet Protect Your Family from Lead in Your Home provides important information for families and home owners to help them identify when lead-based paint is likely to be a hazard and how to get their home checked. Go to top Seller & Lessor Responsibilities Q: What if I’m selling target housing? A: Property owners who sell target housing must: Q: What if I’m renting target housing? A: Property owners who rent out target housing must: Q: Am I required to give the EPA pamphlet Protect your Family from Lead in Your Home to existing tenants? A: No, but when tenants renew their leases, you must give them the pamphlet and any available reports. In other words, you must give them the same information that you are required to provide new tenants. Go to top Q: What if the buyers/renters don’t speak English? A: In cases where the buyer or renter signed a purchase or lease agreement in a language other than English, the rule requires that the disclosure language be provided in the alternative language. The EPA pamphlet Protect Your Family from Lead in Your Home is printed in English and Spanish and will be made available to the public. EPA and HUD are considering the pamphlet in other languages as well. Q: Must I check my house for lead prior to sale? A: No. The rule does not require that a seller conduct or finance an inspection or risk assessment. The seller, however, is required to provide the buyer a 10-day period to test for lead-based paint or lead-based paint hazards. Q: Is the seller required to remove any lead-based paint that is discovered during an inspection? A: No. Nothing in the rule requires a building owner to remove lead-based paint or lead-based paint hazards discovered during an inspection or risk assessment. In addition, the rule does not prevent the two parties from negotiating hazard reduction activities as a contingency of the purchase and sale of the housing. Q: What if I know there is lead-based paint in my home? A: If you know there is lead-based paint in your home, you are required to disclose this information to the buyer or renter along with any other available reports on lead. Go to top Q: What if the lessor knows that there is no lead based paint in my rental housing? A: If your rental housing has been found to be free of lead-based paint, this rule does not apply. However, landlords seeking an exclusion to this rule, must use state certified inspectors. If your state does not have a certification program, you may use a certified inspector from another state. In addition, EPA has developed certification requirements for individuals and firms conducting lead-based paint inspections, risk assessments, and abatements. Go to top Agent Responsibilities Q: What are my responsibilities as an agent? A: Agents must ensure that: Q: What is the responsibility of an agent if the seller or landlord fails to comply with this rule? A: The agent is responsible for informing the seller or lessor of his or her obligations under this rule. In addition, the agent is responsible if the seller or lessor fails to comply, however, an agent is not responsible for information withheld by the seller or lessor. Go to top Purchaser & Renter Rights Q: As a purchaser, am I required to conduct and finance an inspection? A: No. The rule simply ensures that you have the opportunity to test for lead before purchase. Q: Can the inspection/risk assessment period be waived? A: Yes. The inspection or risk assessment period can be lengthened, shortened, or waived by mutual written consent between the purchaser and the seller. Q: If I am renting, do I have the same opportunity to test for lead? A: Under the law, the 10-day inspection period is limited to sales transactions, but nothing prevents the renter from negotiating with the lessor to allow time for an inspection before rental. Q: Where can I find a qualified professional to conduct an inspection? A: State agencies can provide helpful information for locating qualified professionals in your area. The EPA pamphlet Protect Your Family from Lead in Your Home provides the phone numbers of these state agencies. It is important to verify the qualifications of individuals and firms before hiring them. Go to top Q: Must inspectors be certified? A: Some cities and states have their own rules concerning inspector certification. These requirements, which may be administered at the state or Federal level, may not be in place for several years. Once these requirements are in place, professionals who offer to perform lead-based paint inspections must be certified. EPA implemented the Accreditation, Training, and Certification (402) program since March 1, 1999. Oregon is currently authorized to implement the 402 program. The certification requirements that EPA is developing will ensure that inspectors engaged in lead-based paint activities have completed an EPA-certified training program or an EPA-approved state program. Starting on September 1, 1999, individuals conducting lead activities (inspectors, risk assessor, supervisor, project designer, and worker) must be certified. Meanwhile, EPA and HUD recommend that people inspect the qualifications and training of individuals and firms before hiring them to conduct risk assessments, inspections, or abatements. Go to top Liability Q: Does this rule increase my liability for future lead poisoning on my property? A: In some cases, disclosure may actually reduce the owner’s liability since occupants may be able to prevent exposure from the beginning. Under this rule, however, sellers, landlords, or agents who fail to provide the required notices and information are liable for triple the amount of damages. Q: Are mortgage lenders liable under these rules if the seller or lessor fails to disclose? A: Under the disclosure regulation, the rule does not identify mortgage lenders as liable parties. This rule does not affect other state and Federal provisions regarding the obligations and responsibilities of lenders. Q: What if a seller or lessor fails to comply with these regulations? A: A seller, lessor, or agent who fails to give the proper information can be sued for triple the amount of damages. In addition, they may be subject to civil and criminal penalties. Ensuring that disclosure information is given to home buyers and tenants helps all parties avoid misunderstanding before, during, and after sales and leasing agreements. Go to top Lead Training and Certification Requirements Q: What is the purpose of this rule? A: EPA's new training and certification rule, mandated under sections 402 and 404 of TSCA, builds upon existing Federal and State efforts to protect families and their children from lead poisoning. The training and certification requirements contained in the rule will advance an infrastructure to ensure that: The rule also recognizes the role of States and Indian Tribes in building this infrastructure. Under the rule, EPA expects that States and Indian tribes will apply to the Agency for federal approval to manage and administer their own training, accreditation and certification programs in lieu of the Federal program. The Model State Program portion of the rule establishes the procedures for authorizing State and Tribal programs. Go to top Q: Is this a government requirement to remove lead-based paint from houses and day-care centers? A: No. EPA's training and certification program does not require the removal, inspection or assessment of lead-based paint in homes, day-care centers, or other structures. Rather, through this rule, the EPA is establishing this training certification and accreditation program so that individuals or families that are concerned about selecting a professional for lead-based paint services can be confident that the contractors have the proper training to perform the work safely, reliably and effectively. Q: Who is affected by this rule? A: Affected parties include: 1. training providers seeking accreditation to provide instruction in the identification, assessment and removal of lead-based paint hazards, and 2. contractors that seek certification to conduct lead-based paint activities. Consumers will also be affected by the rule because they will gain greater access to professionals who have been trained and certified to safely, effectively and reliably address lead-based paint hazards. Go to top Q: When does this rule take effect? A: Because of the collaborative nature of the program with State and Tribal entities, there are several effective dates associated with today's rule. If States and Indian Tribes seek and receive EPA authorization to administer and enforce their own lead-based paint activities programs, the effective dates will be specified by the States and Indian Tribes. These dates may vary within a given State or Indian Tribe. However, in a State or Indian Tribe that does not receive authorization to run its own program, EPA will administer the program. To allow time for States and Indian Tribes to seek authorization from the Agency, the effective dates or the Federal program will not start until two years after publication of the rule. The following dates will apply: Go to top Q: What type of housing and other buildings are affected by this rule? What type of buildings are not affected by today's rule? A: The sections 402/404 rule applies only to those individuals, firms and training providers involved in lead-based paint activities and training related to "target housing" and "child-occupied facilities." Target housing includes most private housing, public housing, housing receiving Federal assistance, and Federally owned housing built before 1978. Examples of child-occupied facilities include day-care centers, preschools and kindergarten classrooms. (Readers should consult the rule text for a complete definition of child-occupied facility.) The rule does not cover public or commercial buildings (except child-occupied facilities), superstructures or bridges. The Agency is continuing to develop options to establish training and certification requirements for individuals and firms working on these types of structures. Target housing does not include housing built after 1977 (because the Consumer Products Safety Commission banned the sale and distribution of lead-based paint to be used in housing in 1978), nor does it include "0-bedroom dwellings," (such as lofts, efficiencies, and studios) or housing designated for the elderly and the handicapped (unless children reside or are expected to reside there.) Q: Why are "child-occupied facilities" included in the rule? A: Because of the length of time that children spend in schools and day care centers, children face potentially equivalent (if not greater) risks from lead-based paint hazards there as they do at home. Indeed, some children spend more time in a particular classroom or day care room in a given day or week than they might spend in a single room in their homes. If that classroom contains a lead-based paint hazard, the children in it could be at risk. It is important to note that in a school, it is only the rooms in which children under 6 years of age spend time that will be affected by this rule---not the entire school. Q: Who has to be certified? A: The Federal lead training and certification program establishes five categories or disciplines of lead-based paint professionals: supervisors, workers, inspectors, risk assessors and project designers. The rule also defines three major types of lead-based paint activities: inspection, risk assessment and abatement. An individual who conducts inspection services must either be a certified inspector or a certified risk assessor. An individual who performs risk assessment services must be a certified risk assessor. The certification requirements for abatement activities depend on the type of work the individuals will be performing. For example, workers and supervisors are required to conduct the actual lead abatement work, while inspectors or risk assessors conduct the clearance testing, and supervisors or project designers must prepare occupant protection plans and abatement reports. States and Indian Tribes that receive authorization to run their own programs may have slightly different certification requirements. Go to top Q: What is the purpose of an inspection? Of a risk assessment? Must I have both or either done before contracting for abatement work? A: The purpose of an inspection is to determine, and then report on, the existence of lead-based paint through a surface-by-surface investigation of a residential dwelling or child-occupied facility---in other words---to identify the presence of lead in paint. An inspection does not include taking dust or soil samples. The purpose of a risk assessment is to determine the existence, nature, severity, and location of lead-based paint hazards in a residential dwelling or a child-occupied facility through an on-site investigation. A risk assessment incorporates several steps, namely: 1. the gathering of information regarding the age and history of the unit and occupancy by children 2. a visual inspection 3. sampling for lead in paint, dust and soil 4. the provision of a report explaining the results of the investigation. There is no requirement to conduct an inspection before a risk assessment or that either of these activities be conducted before abatement work is done. The rule merely requires that if these activities are conducted, then they must be conducted by the appropriately trained and certified individuals according to the work practice standards outlined in the rule. Q: Is my home unsafe if it contains lead-based paint? A: Approximately three-quarters of the nation's housing built before 1978 contains some lead-based paint. This paint, if properly managed and maintained, poses little risk. If disturbed or allowed to deteriorate, however, lead from paint and lead-contaminated dust and soil can threaten the health of occupants, especially children under 6 years old. If families and building owners are aware of the presence of lead-based paint and the proper actions to take, most lead-based paint hazards can be reduced or eliminated. Q: Will I poison myself and my family if I eliminate lead-based paint hazards on my own? A: There are exposure risks involved in handling lead-based painted surfaces so people should think carefully before trying to eliminate lead-based paint hazards on their own. When conducted improperly, abatement activities can generate significant amounts of lead-contaminated dust and debris that can pose a hazard to you and the occupants of the building. EPA strongly discourages individuals from conducting abatement activities on their own unless they have the training and equipment necessary to ensure the safety of themselves and their families. For individuals who want to oversee the work of renovation and remodeling professionals or who are involved in home improvement projects, the Agency offers the pamphlet: Reducing Lead Hazards When Remodeling Your Home, April 1994, EPA 747-R-94-002, available from the National Lead Information Center at 1-800-424-LEAD. Go to top Q: What is the difference between abatement work and renovation work? Are both types of activities regulated by this rule? A: In developing this rule, EPA was directed by Congress to focus this regulation on abatement activities, and to define abatements as those projects designed by the building owner and contractor to permanently eliminate lead-based paint hazards. Under this rule, only those activities which are undertaken with the purpose or intent of permanently eliminating lead-based paint hazards are considered to be abatement. Renovation and remodeling activities are not covered by the rule because they are not specifically designed to permanently eliminate lead-based paint hazards. However, the Agency recognizes that lead-based paint hazards may be caused by renovation and remodeling activities and is considering requirements for renovation and remodeling activities under a separate rulemaking effort. Q: How much do inspections/abatements cost now? Will this rule increase the cost of existing lead contractor services? A: The current industry inspection standards are generally the same as prescribed under the new training and certification program. Costs for inspection and risk assessment services, therefore, should not change as a result of this rule. While the cost for abatement activities vary widely in relation to the size of the building and the amount of lead-based paint present, EPA estimates that the average cost of an abatement is $7,300, of which approximately $250 would be attributable to the Federal training and certification program. Q: What will be done to ensure that States and Indian Tribes implement certification programs? A: The Agency has worked closely with the States and Indian Tribes to develop a program that is protective of human health and the environment, especially the health of children, while acknowledging the needs of States and Indian Tribes. The Agency believes that the Federal training and certification rule provides enough flexibility to States and Indian Tribes for them to implement their own programs while maintaining programs that are "as protective as" the Federal standard. In addition, States and Indian Tribes have received grant money from EPA and HUD over the past few years to develop their own programs. While EPA expects that most States and Indian Tribes will want to administer and enforce their own programs, the rule does not require that they do so. EPA will administer the program in those States and Indian Tribes that do not seek authorization to implement their own programs. Go to top Q: Will a state audit privilege and immunity law prevent a state from receiving approval to administer a TSCA 402 Abatement Rule program? A: Last year, a work group comprising members of OECA, OPPTS, the Office of General Counsel, and regional staff analyzed the enforcement and information-gathering requirements of the lead-based paint program and determined that these requirements could be impaired by a state audit privilege and immunity law. See 40 C.F.R. § 745.320 et seq. A state audit privilege and immunity law may interfere with state authority to review and collect information necessary to determine compliance with work practice standards, to gather evidence of criminal or civil violations, and pursue enforcement actions. In addition, sanctions in certain audit privilege and immunity laws may inhibit whistleblowers, thereby impairing a state’s ability to react to tips or complaints or other information indicating a violation. The lead-based paint program enforcement and information-gathering requirements are similar to those contained in the federal programs covered by the memorandum entitled “Statement of Principles: The Effect of State Audit Immunity/Privilege Laws on Enforcement Authority for Federal Programs”(Statement of Principles), issued by OECA, along with the Office of Water, the Office of Air and Radiation, and the Office of Solid Waste and Emergency Response, on February 14, 1997. The Statement of Principles set forth the criteria that EPA uses to evaluate whether a particular state audit privilege and immunity law impairs a state’s authority to administer the federally-approved environmental programs listed in the memorandum. Because the lead-based paint program contains many of the same enforcement and information-gathering authority requirements as the federal programs covered by the Statement of Principles, EPA will apply the Statement of Principles criteria to the lead-based paint program as well. The regulations applicable to the lead-based paint program, however, provide for interim and final approval process for the compliance and enforcement portion of the state or tribal lead-based paint program. See 40 C.F.R. § 745.327. The enforcement authority that a state or tribe must demonstrate to meet the requirements for interim approval is less than that necessary to meet final approval. To satisfy the requirements of interim approval, inter alia, a state must demonstrate a level of compliance monitoring and enforcement necessary to ensure that the state addresses any “significant risks posed by noncompliance” with lead-based paint activity requirements. 40 C.F.R. §745.327(a)(1)(i)(A). To receive final approval for the compliance and enforcement portion of the program, a state must be able to immediately implement full enforcement and information-gathering authority, outlined in 40 C.F.R. § 745.327(b), as well as be able to meet the performance elements of the program, outlined in 40 C.F.R. § 745.327(c). When a state applies to administer the lead-based paint program, EPA will review the impact of the state audit privilege and/or immunity law on the state’s ability to meet the enforcement and information-gathering requirements of the lead-based paint program using the criteria outlined in the Statement of Principles. At its discretion, on a case-by-case basis, EPA will grant interim approval to those states when it determines that the state can address significant risks posed by noncompliance, but the state audit law prevents the state from meeting the requirements for full approval. The regulations permit states to administer the program for up to three years with interim approval. EPA will work with states during this interim approval period to remedy any deficiencies in their laws. If a state does not meet the requirements for final approval of their compliance and enforcement program by the end of the three-year period, EPA may be compelled by the regulations to initiate the process to withdraw the state’s authorization pursuant to 40 C.F.R. § 745.324(i). If a state has made modifications to its audit privilege and/or immunity law necessary to meet final approval requirements, that state’s audit privilege and immunity law will no longer present a barrier to full approval of the lead-based paint program.Those states that have worked with EPA to resolve the barriers to program approval in their audit privilege and immunity laws are Michigan, Texas, Wyoming, Ohio, Virginia, and Utah. In addition, the attorney generals of New Hampshire and Oregon have certified that the audit laws of those states do not apply to the lead-based paint program. For more information on the impact of state audit privilege and immunity laws on state authority to administer the lead-based paint program, please contact Van Housman of the Office of Planning and Policy Analysis in OECA at 202-564-0143. Go to top Q: Why is this rule necessary now? Hasn't lead poisoning largely been conquered already? Why is the Federal government focusing on lead-based paint when there are so many other basic housing problems? A: The Agency is pleased by the progress that we've been able to make over the last 20 years of fighting childhood lead poisoning. Since the 1970's, blood lead levels in children have dropped by 70 percent. Much of this reduction is the result of past Federal action to phase-out lead in gasoline and to eliminate the use of lead solder in food cans. But studies tell us that more than 1.7 million children - one out of eleven - still have levels of lead in their bodies that may pose health concerns. This rule builds on the successes that we have already had by targeting the remaining major sources of lead in our communities: deteriorating or disturbed lead-based paint, lead-contaminated dust, and lead-contaminated soil. Unlike some other household hazards, lead-based paint is not always something that parents can identify themselves. Given the health impacts from lead exposure and the power that information has in helping families avoid lead-poisoning, we believe that this is an example of the way that the Federal government can work with individuals and commercial businesses to help protect children from being lead poisoned in their own homes and child-care facilities. Q: What does a training provider have to do to become accredited? A: Training providers must present information demonstrating that they will use qualified instructors and EPA approved curricula for the lead-based paint activities courses, and that they have a plan in place to ensure the quality of instruction they provide. States and Indian Tribes that receive authorization to run their own programs may have slightly different accreditation requirements. The sections 402/404 rule contains detailed requirements for the accreditation application process. For more detail, training providers should consult the rule text to obtain a thorough understanding of the accreditation application requirements. Go to top Q: Do I need some sort of special education or background to be trained for any of the disciplines in the lead hazard reduction field? What about to become certified? A: There are no prerequisites to be trained. However, there are education and/or experience prerequisites for certification. The education and/or experience prerequisites for certification vary for the different lead-based paint professional disciplines included in the sections 402/404 rule. For example: INSPECTORS and WORKERS: SUPERVISORS: RISK ASSESSORS: PROJECT DESIGNERS Readers interested in the specific requirements should consult the rule text in section 745.226. Note that States and Indian Tribes that receive authorization to run their own programs may have slightly different certification requirements. Q: If I get certified in another State and my State subsequently passes its own training and certification program, will I automatically be certified to work in my state? Will there be reciprocity among states? A: No, you will not automatically be certified to work in your own state. You will have to go through a process in your own state to become certified. Since the certification process may vary somewhat from state to state, it is difficult to say exactly what you will have to do. You may have to take additional training on specific requirements of your state's program, take an exam on your state's regulations, pay an additional fee to become certified, or you may only have to complete certain paperwork because your state accepts the program in which you were certified. However, EPA is actively promoting reciprocity agreements between States and Indian Tribes. When EPA approves a State or Tribal program, it is making a finding that that program meets some basic criteria and deems that the State or Tribal program is "at least as protective as" the Federal program. EPA believes that this and the national certification exam will help to promote reciprocity among States and Indian Tribes. Go to top Q: If I have already taken the course work required for certification, will I be able to be grandfathered into the Federal program? Will I need to get additional training? How long will the training period be? Will I need to renew it periodically? A: In general, if you received training in a lead-based paint activity after October 1, 1990, you will be grandfathered in under the Federal program. In that case, you would have to demonstrate that you have successfully completed training, that you meet the experience and/or education requirements (if applicable for your discipline), have taken the necessary refresher training, and have passed a certification exam, where necessary. Refresher training varies in length from 4 hours for a project designer to 8 hours for the other 4 disciplines: worker, inspector, risk assessor, and supervisor. Recertification is required every 3 years for those individuals taking a training course with a course test and a hands-on assessment and every 5 years for individuals completing a training course with a proficiency test. Q: How long will the certification be valid? Will there be re-training and recertification requirements at some point? A: For the Federal program, recertification is required every 3 years for those individuals taking a training course with a course test and a hands-on assessment and every 5 years for individuals completing a training course with a proficiency test. Recertification requires the successful completion of an accredited refresher course in the appropriate discipline. States and Indian Tribes that receive authorization to run their own programs may have slightly different recertification requirements. Q: What is the likely demand for lead inspectors and risk assessors given the new lead disclosure law? A: While the Federal disclosure program does not require that property owners conduct inspections or risk assessments before sales or leasing transactions, EPA expects that as more families become aware of the importance of proper management of lead-based paint in their housing, the demand for qualified evaluation professionals will increase. EPA and HUD are encouraging families to look for "lead-safe housing," not necessarily lead-based paint free housing. In that vein, the Federal government believes that risk assessments may be especially valuable services to consumers since they will help consumers make informed home maintenance decisions. Q: Is there special training available for lead waste disposal issues? Is this issue covered in any of the Sections 402/404 paint evaluation or reduction disciplines? A: Lead-based paint disposal issues are covered in the required course curricula for both supervisors and workers. In these courses students will learn the current Federal and state regulations and management practices for these wastes. Go to top Pre-Renovation Lead Information Rule (TSCA 406B) Q: What is the Pre-Renovation Lead Information rule? A: The Pre-Renovation Lead Information Rule (PLIR), also known as section 406(b) of the toxic Substance Control Act, is a rule requiring people performing renovation for compensation to distribute a lead hazard information pamphlet prior to commencing the renovation. Q: Why is the Pre-Renovation Lead Information rule necessary? A: Through Title IV of the Toxic Substances Control Act, Congress directed EPA to address the public’s risk of exposure to lead-based paint hazards through regulations, education, and other activities. Of particular concern to Congress were potential lead exposure risks that could occur during renovations of housing containing lead-based paint. Congress believed that informed owners and occupants of housing slated for renovation would act to avoid lead exposure to themselves and their families. So Congress directed EPA to: Go to top Q: Does the Pre-Renovation Lead Information rule apply to me? A: If your job is for compensation and will require you to disturb more than 2ft2 of paint in pre-1978 housing, then you are a renovator for the purposes of PLIR. This is not dependent upon whether what you do is typically considered a renovation. Whether you are a plumber, a drywaller, a painter, or an electrician, if your job requires that you disturb more than 2ft2 paint, then you must comply with PLIR. The term compensation extends beyond money. Providing services in exchange for other services (e.g., bartering) is included within the term. PLIR applies to owners renovating their own apartment buildings using maintenance staff as well as neighborhood handymen providing services to those in the neighborhood for services or goods other than money. Work that is performed for free (e.g., no exchange of money, goods, or services) or work performed by Do-It-Yourselfers in their own homes is not covered by PLIR. Work that is performed during an emergency (i.e., a hazardous, non-routine situation that could either threaten public health or cause substantial property damage) is also excluded from this rule. Q: What exactly do I have to do if the Lead Pamphlet Distribution rule applies to me? A: If you are performing a renovation in pre-1978 housing and that renovation will disturbed more than 2ft2 of paint, then you must give the owner of the housing a copy of the pamphlet and get her acknowledgment of receipt. If the housing is tenant occupied, then in addition to giving a copy of the pamphlet to the owner, you must provide a copy to the tenant and get her signature as well. The same requirements apply to apartments in housing with more than four separate dwelling units. If the renovation is to occur in a common area (e.g., laundry room, hallway, playground) of housing with more than four separate dwelling units, you must provide all residents of the building information on the timing and extent of the renovations slated to occur. Q: How do I get copies of the pamphlet? A: The pamphlet has been made available to the general public as well as the regulated community. Single copies of the pamphlet are available in both English and Spanish from the NLIC, by calling 1-800-424-LEAD. Multiple copies are available through the Government Printing Office (GPO), and may be ordered by calling the GPA Order Desk at (202) 512-1800, faxing (202) 512-2233, or writing to Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. Request the publication by title, Protect Your Family From Lead in Your Home, and/or GPO stock #055-000-00507-9. Go to top Q: When do I have to start complying with the Lead Pamphlet Distribution rule? A: PLIR is effective on June 1, 1999. Q: What if the tenant or owner won’t accept or isn’t home to accept the pamphlet? A: If the tenant or owner refuses or is unavailable to accept the pamphlet, PLIR allows for the renovator to certify the attempt. PLIR also allows the renovator to mail the pamphlet (at least 7 days prior to the renovation) if she purchases a certificate of mailing from the Post Office when mailing the pamphlet. Q: Will There be a Period of Focused Compliance Assistance for the 406(b) Rule? A: EPA wants to ensure that the businesses subject to the 406(b) Rule have time to become aware of the Rule and understand its requirements. For that reason, for the first full year after the rule becomes effective, from June 1999 through June 2000, EPA will focus primarily on providing targeted compliance assistance to the 406(b) regulated community. This will supplement the outreach that has already been conducted. EPA will develop and distribute compliance assistance tools, disseminate information through our Internet-based Paints & Coatings Compliance Assistance Center, provide workshops and telephone assistance, and respond to specific inquiries from the regulated community. Compliance assistance will be provided as needed after the first year. Q: How Will EPA Enforce the 406(b) Rule? A: In order to be responsive to the public, EPA will follow up on and investigate tips and complaints received from members of the public who may be concerned about potential violations. Enforcement actions will be developed on a case-by-case basis in consultation with ORE. EPA’s response to violations will range from a notice of warning for violations which do not put the public at risk to administrative penalty orders for violations including repeat violators. The statute provides for a civil penalty of up to $25,000 per violation ($27,500 as increased by the Civil Penalty Inflation Adjustment Rule). The actual penalty amount will depend on the nature, circumstances, and extent of the violation. Go to top PRE-RENOVATION INFORMATION RULE EXAMPLES The following scenarios are designed to facilitate your understanding of how the Pre-Renovation Information Rule (PLIR-also known as the Toxic Substances Control Act (TSCA) §406(b) rule) requirements are likely to be met by regulated parties. Background Jane General-Contractor has four impending contracts. One contract is for the re-shingling of the roof and re-painting of the exterior of a home. One contract is for the renovation of the interiors and shared entry foyer of a duplex (two separate dwelling units, typically one over the other, that occupy a single residential structure). Another contract is for the renovation of several apartments and the repainting of the outdoor playground equipment of a large apartment building. The last contract is for the renovation of several apartments in a small, six-unit apartment building. Jane is aware of PLIR and plans to take the affirmative steps necessary to comply with the law. Go to top Example 1 - The Home Renovation The first step that Jane is to determine whether PLIR is applicable to this job. Based upon a brief examination of her plans and a brief telephone discussion with the home owner, Jane knows: During a meeting to discuss the plans and costs with the homeowner, Jane gives the owner the lead hazard information pamphlet. The homeowner signs a certification of pamphlet receipt (modeled on the sample language in PLIR) that Jane has added to her contracts. Jane returns to her office and files the certification, aware that the certification must be retained for three years. Jane has met the PLIR requirements. Example 2 - The Duplex Renovation As described in Example 1, Jane acts to determine whether PLIR is applicable to this job. Based upon a brief examination of her renovation plans and a brief telephone discussion with the owner, Jane knows: During a meeting to discuss the plans and costs with the duplex owner, Jane gives the owner the lead hazard information pamphlet. The duplex owner then signs a certification of pamphlet receipt (modeled on the same language in PLIR) that Jane has added to her contracts. Jane files the certification. A few days before the renovation, Jane sends an employee over to the duplex to take a few foyer measurements. She also directs the employee to deliver a lead hazard information pamphlet to an adult occupant of duplex unit 1 and gives him a checklist, a lead hazard information pamphlet, and a pamphlet receipt certification form. The employee knocks on the door of duplex unit 1 and a child answers the door. After ascertaining that no adult is home, the employee slips the pamphlet under the door and makes note of the address, date, time, and that the pamphlet was delivered when only a child was present. That information is later used by Jane or the employee to complete a certification that a pamphlet was delivered to duplex unit 1 but that an acknowledgment could not be obtained due to lack of an adult occupant at the time of delivery. Jane puts this certification in her filing cabinet. Jane knows that she does not have to notify the duplex residents about the activities in the shared foyer of the duplex because the common area notification requirements are only applicable to a building with more than four dwelling units. Jane also knows that she does not have to provide an pamphlet to an occupant of duplex unit 2 because no paint will be disturbed. Jane is aware that she must retain the file certifications for three years. Jane has met the PLIR requirements. Go to top Example 3 - The Large Apartment Building Renovation As described in Example 1, Jane determines whether PLIR is applicable to this job. Based upon a brief examination of her renovation plans and a brief telephone discussion with the owner, Jane knows: During a meeting to discuss the plans and cost with the building owner, Jane gives the building owner the lead hazard information pamphlet. The building owner then signs a certification of pamphlet receipt (modeled on the sample language in PLIR) that Jane has added to her contracts. Jane is aware of the fact that the playground is an apartment building common area. A few days before the scheduled re-painting of the playground equipment, Jane gives two employees several pamphlets and a stack of notices containing information on the general nature, location, and start/end dates of the re-painting. Jane, in creating the notices with a generous time line, has purposefully allowed for work delays. The notices also indicate that copies of the lead hazard information pamphlet can be obtained at the building’s management office. Jane directs the employees to shove a notice under the door of each apartment in the building. Jane further directs the employees to leave the pamphlets with the secretary of the owner’s on-site management office (per an agreement between Jane and the owner). After the employees return, Jane certifies a basic description of the steps taken to notify the residents about the playground re-painting activity. Jane arranges that her secretary sends a pamphlet to each to-be-renovated apartment via certificate of mailing at least a week before renovation begins. The secretary accomplishes this by working with the on-site foreman to track renovation progress in the preceding units. Ten days before the renovations are scheduled to begin in each unit, the secretary goes to the Post Office, and mails a pamphlet by purchasing a certificate of mailing from the teller. Jane puts the common area certification and the certificate of mailing receipts in her filing cabinet, fully aware that they must be retained for three years. Jane has met the PLIR requirements. Go to top Example 4 - The Small Apartment Building Renovation As described in Example 1, Jane determines whether PLIR is applicable to this job. Based upon a brief examination of her renovation plans and a brief telephone discussion with the owner, Jane knows: Jane correctly concludes that because the building was built after 1978, PLIR is not applicable. Go to top Proposed Rule on the Management and Disposal of Lead-Based Paint Debris Q: What Is This Rule Proposing? A: The Environmental Protection Agency (EPA) is proposing to suspend current hazardous waste management requirements for disposal of lead based paint (LBP) debris and allow disposal of LBP debris in construction and demolition (C&D) landfills. EPA analysis found disposal in C&D landfills to be safe (i.e., protective of human health and the environment) and less costly than disposal in other types of landfills. Q: What Is LBP Debris? A: LBP debris is any component, fixture, or portion of a residence or other building coated wholly or partly with LBP. LBP debris can also be any solid material coated wholly or partly with LBP resulting from a demolition. Examples include ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, shelves, and radiators and other heating units. Go to top Q: Why Is This Rule Needed? A: Lead exposure to children remains a concern in the United States because children absorb lead more readily than adults and their nervous systems are particularly vulnerable to the effects of lead poisoning. Common sources of lead exposure include contaminated dust and paint chips from deteriorated LBP in older homes and activities that disturb LBP. It is estimated that more than half of the housing stock in the United States contains some LBP. Abatements, renovations, and remodeling activities in homes with LBP can generate large quantities of LBP debris. This LBP debris can be costly to manage and dispose of under current hazardous waste management requirements. To reduce costs and remove obstacles associated with disposal of LBP debris, EPA is proposing this rule to shift the regulations for management and disposal of LBP debris from the Resource Conservation and Reservation Act (RCRA) to a tailor program under the Toxic Substances Control Act (TSCA). By allowing LBP debris to be disposed of in a less-costly manner, the Agency hopes the new TSCA standards will hasten the pace with which LBP and LBP hazards are removed from residences and public and commercial buildings. EPA believes that the disposal of LBP debris in C&D landfills is protective of human health and the environment. Q: Who Is Affected By This Rule? A: This rule covers persons and firms who renovate, remodel, demolish, abate, or delead residences or public and commercial buildings or transport LBP debris. Examples include renovation or abatement contractors and construction and demolition professionals. Q: What If I perform Work In My Home? A: If you perform work in your home, you can treat and dispose of LBP debris as solid waste under the household hazardous waste exclusion. In other words, you are not subject to current RCRA toxicity characteristic determinations and disposal standards nor will you be subject to the new proposed TSCA standards. Examples include do-it-yourselfers who remodel or renovate their homes. Q: What Are The Proposed Disposal Options For LBP Debris? A: The new TSCA standards, if finalized, would allow LBP debris to be disposed of in: The proposal would not allow disposal of LBP debris in municipal solid waste landfill facilities (MSWLF) althought the proposal asks for comment on this. Based on currently available data, the Agency believes that C&D landfills do not leach lead as aggressively as landfills with common garbage found in MSWLFs. Go to top Unit: Solid Waste & Toxics Unit Javier Morales E-Mail: Morales.Javier@epa.gov (206) 553-1255 Phone Number: (206) 553-1255 Last Updated (mm/dd/yy): 05/18/2006 Lead http://yosemite.epa.gov/R10/OWCM.NSF/lead/faqdisclosure |