Laws & Regulations
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If a renovator removes less than six square feet of crown molding, is that considered demolition? Does it matter whether the molding will be discarded, replaced with new molding, or reinstalled?
Answer: It depends on how the molding is removed. If a renovation activity removes or otherwise disrupts a painted component in a way that destroys or ruins the component, the activity is a demolition. Question Number: 23002-18383 Find a printable PDF copy of all frequent questions pertaining to lead .
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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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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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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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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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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 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…
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If a person is the principal instructor or guest instructor for an initial or refresher course for one of the lead-based paint activities disciplines, can that person rely on his or her instruction of the course to fulfill the training requirement for certification in that discipline?
No. A person who is a principal instructor or guest instructor for a course may not rely on that course to fulfill requirements for certification. The requirements at 745.226(b)(1)(i) and (c)(1)(i) say that to become certified a person must “successfully complete an accredited course in the appropriate discipline and receive…
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Can a rental property owner perform lead abatement on an unoccupied residential property without meeting the abatement training and certification requirements?
No. Persons wishing to perform lead abatements are exempt from the abatement training and certification requirements only if they meet all of the following requirements at 40 CFR 745.220(b): The person is the owner of the residential dwelling. The residential dwelling is occupied by the owner or the owner’s immediate…
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Does the RRP Rule apply to renovations done in an apartment between tenants? Does it matter if children live in other apartments in the building?
Answer: Temporarily unoccupied or vacant rental housing is not exempt from the requirements of the RRP Rule. Question Number: 23002-15669 Find a printable PDF copy of all frequent questions pertaining to lead.
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What is the definition of abatement? How do I determine if a particular activity is a regulated abatement activity?
Abatement is defined at 40 CFR 745.223 as any measure or set of measures designed to address lead-based paint hazards. Following this basic definition are four numbered paragraphs (1)-(4) that provide a non-exhaustive list of examples of what is or is not abatement. Persons attempting to determine whether an activity…