Laws & Regulations
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I took a lead-based paint activities course accredited by an authorized state, but I’m seeking certification from EPA. What must I submit?
Individuals seeking EPA certification under the provisions of 745.226(a)(1)(ii) may take courses accredited by authorized states or Tribes. However, they must also complete their certification in the authorized state or Tribe and submit a valid lead-based paint activities certification from the authorized state or Tribe when applying for EPA certification…
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My firm has been hired to replace windows in a home built before 1978. The existing windows are mil-finish aluminum. Because we will not disturb a painted surface, is this activity subject to the RRP Rule?
No. The activity described above does not disturb a painted surface. Therefore, the requirements of the RRP Rule do not apply. Question Number: 23002-31781 Find a printable PDF copy of all frequent questions pertaining to lead .
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Can you list specific activities deemed a disturbance of painted surfaces?
Answer: As a general matter, EPA believes that activities that create dust or paint chips are activities that disturb paint. There is no definitive list of activities that disturb painted surfaces. Some examples of activities that can disturb painted surfaces include, but are not limited to: - Making cut-outs in…
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When a home or an apartment unit is repainted in preparation for a new tenant, is the painting activity always considered a “renovation” for purposes of the pre-renovation education requirements even if no surface preparation activity is performed prior to painting?
Answer: No. The primary determinant of whether a given activity constitutes a “renovation” under the RRP Rule is whether that activity disturbs a painted surface. The practice of recoating painted surfaces in preparation for new tenants would not constitute “renovation” unless accompanied by activities that disturb the painted surface and…
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Tribal Utilities Role in Safe Drinking Water on Tribal Lands
This page contains information on the roles and responsibilities of Tribal utility staff who manage, operate and maintain public water systems in Indian country.
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Immediately following the completion of renovation activities, a company conducts an examination which reveals dust levels above the action level. Is removal of dust to address the failure of this examination considered abatement?
No. The removal of dust to address the failure of the examination would be considered part of cleanup from the renovation. Routine cleanup of renovation-related dust is not abatement, even if the dust is known to be above the dust lead reportable level. For more information on lead-safe work practices…
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What is a renovation?
The RRP Rule covers activities that modify an existing structure and that result in the disturbance of painted surfaces. All types of repair, remodeling, maintenance, modernization, and weatherization projects are covered, including projects performed as part of another federal, state, or local program, if the projects meet the definition of…
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Must all persons present on an abatement job site be certified?
No. The regulations at 745.220(b) require that persons engaged in lead-based paint activities defined in 745.223 must be certified. The work practice standards at 745.227 are specific as to which disciplines may perform which lead-based paint activities. However, EPA recognizes that other activities such as interim controls may also be…
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Must refresher course completion certificates for lead-based paint activities disciplines include an expiration date?
No. The requirement that a completion certificate include an expiration date only applies to “interim certifications.” Refresher course completion certificates do not expire in the federal program. Specifically, 40 CFR 745.225(e)(4) and (e)(5)(vi), in describing requirements for refresher courses, refer back to 40 CFR 745.225(c), the requirements for initial course…
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Does the RRP Rule apply to simple painting activities that occur when rental properties turn over? Approximately half of the rental units in the country get new tenants each year. This means a large number of properties are being repeated.
If there is no surface preparation that disturbs the existing paint prior to painting, the RRP Rule does not apply. If you disturb paint by scraping or sanding while preparing the surface, the RRP Rule applies. Question Number: 23002-15692 Find a printable PDF copy of all frequent questions pertaining to…
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I am removing aluminum siding from a pre-1978 home. The aluminum siding was nailed over the top of painted wood siding that tested positive for lead. The underlying painted surface is greater than twenty square feet. Must I comply with the RRP Rule when removing the aluminum siding?
Answer: The work practices for exterior projects are based on a performance standard – if the activity disturbs a painted surface (generally, by creating paint chips or dust) in excess of 20 square feet, the work area must be contained so that dust or debris does not leave the work…
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Small Business Advocacy Review (SBAR) Panels
Provides an overview on Small Business Advocacy Review (SBAR) Panels, which convene for proposed rules unless the rule will not have a significant economic impact on small entities
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What is the difference between abatement and RRP certification?
Abatement certification, also known as Lead-Based Paint Activities certification, is a specialized type of certification for firms who specifically work with lead-based paint such as lead abatement firms, lead risk assessor firms, and lead inspection firms. Abatement intentionally addresses lead-based paint hazards. RRP certification is appropriate for firms who disturb…
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The definition of “wipe sample” relies on two very specific American Society of Testing Materials (ASTM) standards. In referencing the ASTM standards, did EPA intend to prevent the use of EPA and HUD standards for wipe samples?
No. In establishing work practice standards for lead-based paint activities, EPA did not intend to prevent the use of EPA/HUD standards. As a general matter, the requirements are not prescriptive, but instead state that certain activities be conducted using appropriate documented methodologies. For example, §745.227(c)(3) requires that dust samples be…
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Does the RRP Rule apply to office buildings, stores, and other commercial buildings?
No, unless the renovation is taking place in a child-occupied facility that is located in a commercial building. “Child-occupied facility’’ means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within…
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The definition of “soil sample” at 40 CFR §745.63 relies on certain American Society of Testing Materials (ASTM) standards. Did EPA intend to prevent the use of EPA and HUD standards for soil samples?
No. In establishing work practice standards for lead-based paint activities, EPA did not intend to prevent the use of EPA/HUD standards. As a general matter, the requirements are not prescriptive but instead state that certain activities be conducted using appropriate documented methodologies. For example, §745.227(c)(3) requires that dust samples be…
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Does TSCA section 402 apply to U.S. military bases, facilities, and installations located outside of the U.S.?
No. EPA does not have authority to regulate environmental conditions in foreign countries. Environmental compliance by Department of Defense installations overseas is governed by a number of documents. For example, Executive Order 12088, dated October 13, 1978, requires that the heads of government agencies responsible for constructing or operating Federal…
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Does the RRP Rule prohibit the deconstruction and reuse of old building materials containing lead-based paint?
Answer: No. The RRP Rule does not prohibit a firm from extracting, salvaging or reusing building materials that contain lead-based paint. However, the requirements of the RRP Rule may apply to these activities if they (1) occur in target housing or a child-occupied facility, and (2) disturb more than six…
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Texas SIP: 30 TAC 116.601-116.615. Standard Permits; SIP effective 2009-05-19 (TXd101)
Texas SIP: 30 TAC 116.601-116.615. Standard Permits; SIP effective 2009-05-19
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Did the final TSCA section 403 rule say who may make a hazard determination?
No. Although the TSCA section 403 rule defines a hazard determination, it did not specify who may make hazard determinations. The TSCA section 403 rule amended the work practice standards in 40 CFR 745.227 by adding 745.227(h) - “Determinations,” which explains what constitutes lead-based paint, a paint-lead hazard, a dust-lead…