Up until now, remodelers have been able to sidestep most of
the EPA’s lead paint rules — including the
pre-renovation education provision in effect since 1999 —
as long as they weren’t “abating,” or
permanently eliminating, lead-based paint hazards. But
beginning next year, projects that disturb more than 6 square
feet of potentially contaminated surface inside a building or
20 square feet outside will be subject to the EPA’s 2008
Lead Renovation, Repair, and Painting rule.
Most of the provisions of the new rule take effect April 22,
2010, when remodelers who work on homes or
“child-occupied” businesses (such as schools or
daycare centers) built before 1978 will need to be registered
with the EPA and undergo certified lead-safety training.
Work-practice and record-keeping procedures will also fall
under the EPA’s jurisdiction, though the program may
actually be run by state agencies.
Phase-in of the new rule was launched back in December 2008,
when renovators had to start giving property owners and
occupants the updated EPA pamphlet “Renovate Right:
Important Lead Hazard Information for Families, Child Care
Providers and Schools” before beginning work. Starting
next year, contractors will also have to get signatures from
owners or occupants acknowledging receipt of the pamphlet, and
notify them in writing of the scope, location, and expected
starting and ending dates of the planned project.
The new rule is the result of a four-year-long EPA study
showing that renovation work — including weatherization,
window replacement, hvac modifications, demolition of interior
plaster walls, and drilling and sawing into painted wood and
plaster — exposes both occupants and workers to the same
kind of hazards as lead-paint abatement. And even though
painting isn’t considered a renovation or remodeling
activity, it too is subject to the new regulations if the
surface to be painted is disturbed by sanding, scraping, or
other activities that cause dust.
Certification and Training
The EPA says that firms should start applying in October 2009
for certification to conduct renovations. Under EPA rules, a
“firm” can be any company, partnership,
corporation, sole proprietorship, or individual that performs
renovations for compensation. By next April, this EPA
certification — essentially a license — will be
required of everyone performing renovations in pre-1978
housing, whether he or she is a self-employed contractor or an
employee of a large remodeling company. Initial firm
certification costs $300 and must be renewed every five years
(for information and forms, go to
epa.gov/lead/pubs/renovation.htm.)
Training. At least one renovator from each firm needs
to be trained and certified in the eight-hour course Lead
Safety for Renovation, Repair, and Remodeling, which was
developed jointly by the EPA and HUD. The course fee is
determined by the individual trainers who administer the test.
Contractors who have already taken a lead-safety course from
HUD/EPA need take only a four-hour refresher to be certified.
Certifications are good for five years and must be in place
before April 22, 2010. Note that since a sole proprietorship is
considered by the EPA to be a firm, self-employed contractors
have to have renovator training and accreditation as well as
firm certification.
Before beginning work on pre-1978 housing, remodelers must
give the building’s owner and occupants copies of the
pamphlet “Renovate Right” (left). They also must
keep on file signed pre-renovation forms (right) acknowledging
receipt of the pamphlets.
On each job site, there must be at least one certified reno
vator who makes sure that other employees follow lead-safe work
practice standards. In addition to training workers, the
certified renovator is responsible for setting up the
containment and lead-dust collection, and for supervising and
verifying cleanup.
Lead Testing
According to federal standards, any surface coating with a lead
content of 1 milligram (or more) per square centimeter —
or 0.5 percent or more by weight — is a lead-based paint.
There are three methods for determining lead content: chemical
spot tests, X-ray fluorescence (XRF), and laboratory
analysis.
Test kits. Inexpensive chemical spot testing kits are
widely available and accurate enough for most renovation work.
They typically include a swab or dropper that you use to apply
a chemical reagent to the paint. If the paint contains
approximately 0.5 percent or more of lead by weight, the
reagent changes color. All of the layers of paint must be
exposed when you’re using a test kit, especially if the
area has been painted in the last 20 years. (The top layers are
most likely latex, which would produce a negative test
result.)
Chemical spot testing provides instant results, but these kits
aren’t always accurate, since there are substances other
than lead that also may react with the reagent. Still,
preliminary testing is a good first step. If you get a positive
result, you either need to follow lead-safe work procedures or
opt for more definitive XRF or lab analysis. Even if the test
is negative and you don’t intend to take any precautions,
it’s always a good idea when you’re working on
pre-1978 housing to hire someone to perform a lead inspection
or risk assessment of the area to confirm that no lead-based
paint is present.
The EPA is currently evaluating commercially available chemical
spot testing kits, which range in price from about $8 to $30
apiece. While there are several on the market (for a detailed
review, see the September 2008 issue of Consumer
Reports), only two presently meet the EPA’s
criterion of a 5 percent false-negative rate. One is LeadCheck
(Hybrivet Systems, 800/262-5323,
leadcheck.com), a
swab-type test kit available in retail outlets and online. The
other was developed by the Massachusetts Division of
Occupational Safety and is available only to that state’s
certified lead inspectors and risk assessors.
While there are several commercially available spot testing
kits for lead, LeadCheck is currently the only one that’s
EPA-approved. This eight-swab kit costs $18.50
online.
XRF. A portable X-ray fluorescence analyzer is
accurate and fast and lets you test many surfaces at the same
time without disturbing the paint or coating. But XRF machines
are expensive, and testing must be done by a trained and
licensed technician who is EPA-certified as either a lead
inspector or lead risk assessor. The cost to test a single home
can be a few hundred dollars.
Laboratory analysis. XRF testing isn’t as
reliable when there are borderline lead levels, in which case
the actual lead content should be verified in a lab. Atomic
absorption analysis (AAS) determines the percentage of lead by
weight and is considered the most definitive method of lead
analysis. One disadvantage is that it requires a chip sample
containing the entire coating down to the underlying substrate
— without any of the actual substrate itself. A second
disadvantage is that it tests only the area where the chip was
taken from; if the scope of the job increases, you have to take
further samples to determine if the new areas contain
lead.
Laboratory testing must be performed by EPA-certified
technicians; they typically charge as little as $35 per sample
and provide results in a couple of weeks (faster turnarounds
usually cost more).
Safe Work Practices
If you already place a high priority on job-site dust control,
working safely around lead-based paint really isn’t all
that complicated. The keys are isolating the job site, managing
dust and debris effectively, and keeping the work area
clean.
Containment. To keep nonworkers out, work areas should
be posted with signs from the beginning of the project to the
end, when post-renovation clean-up has been completed. Before
getting started, remove everything you can from the workspace,
cover large fixtures or furniture that can’t be moved
with plastic, and contain the area with 4-mil or 6-mil poly
sheeting that’s been taped down so dust can’t
escape. Ductwork should be closed and sealed with plastic, and
windows closed. If the floor isn’t part of the project,
it too should be covered.
For exterior renovations, doors and windows within 20 feet of
the work area should be closed. To collect any falling debris,
cover the ground with poly sheeting that extends at least 10
feet beyond the work area, or — if space is constrained
— as far as possible.
To keep job-site dust contained, remodelers will need to set up
an effective barrier system, use shrouded power tools connected
to a HEPA vacuum, and clean up thoroughly.
Necessary equipment. Every remodeler should have a
good HEPA (high-efficiency particulate air) dust-collection
system. Sanding, grinding, and power planing are specifically
prohibited unless the tool has a dust-collection shroud and is
connected to vacuum with a HEPA-rated filter.
Propane torches can no longer be used to remove lead-based
paint. Heat guns that operate at temperatures lower than
1,100°F are okay because they don’t create
fumes when the paint is heated.
If you have to remove paint, a chemical paint stripper like
Peel-Away (Dumond Chemicals, 800/656-5053, peelaway.com) can be
effective. Lye-based and highly alkaline, Peel-Away isn’t
as hazardous as traditional methylene chloride–based
strippers but still should be handled carefully. Soy-based and
citrus-based strippers — considered by some to be greener
options — are also available. Or you can remove paint
with steam or infrared heat.
A simple dust mask isn’t sufficient protection when
working with lead; at minimum, you’ll need a NIOSH-rated
N100 or HEPA respirator, even if the tools you’re using
are connected to a HEPA vac. Disposable coveralls, shoe covers,
and gloves aren’t required but can make it less likely
that lead dust will be tracked home from a job.
Minimizing dust. Misting areas before sanding or
cutting is a good way to reduce airborne dust. Another is to
score painted surfaces with a utility knife before removing
trim. Some remodelers use negative air machines to depressurize
a room during heavy demolition. These machines — unlike a
fan set in the window — force the exhaust air through
HEPA filtration to capture any dust before it leaves the room.
But if you’re doing a good job of capturing and
controlling dust where it’s created, a negative air
machine is probably redundant.
Cleanup. Work areas should be thoroughly cleaned every
day, with dust, chips, and debris collected and folded up in
the protective plastic so that everything is contained before
being discarded. Dust and debris also need to be contained when
they’re transported off the job site, and must be handled
according to local regulations.
Cleaning should be done from the top down, starting with a HEPA
vacuum and finishing up with wet cleaning or mopping of all
surface areas with a strong household detergent.
Post-Renovation Verification
Once the work is completed, the certified renovator must
conduct a thorough visual inspection to make sure no lead-dust
or contaminated debris is left behind. If there’s any
visible residue, the area must be cleaned again. Every interior
renovation requires a cleaning verification test, which the
certified renovator performs using a damp disposable cleaning
cloth matched against a standard “cleaning verification
card.” These cards — which are still being
developed — will be distributed and approved by the EPA.
Exterior renovations won’t require a cleaning
verification card but must be visually inspected by the
certified renovator. Only when no dust or debris remains in the
work area, on window sills, or on the ground can warning signs
be removed.
The EPA’s rules for working with lead-based paint
are summarized in the “Small Entity Compliance
Guide” (left), which contains forms for post-renovation
recordkeeping (right). Forms, handbooks, and related
information are at
epa.gov.
Recordkeeping
Records related to each job must be kept on file for three
years (though statutes of limitations on negligence lawsuits in
some states may require that records be kept for up to six
years). These include signed and dated notification records,
mailing receipts, homeowner waivers, and other related
information. Documentation of compliance that a certified
renovator supervised the job in accordance with EPA guidelines
is also required. Information about test-kit results must be
provided to the person who contracted the renovation within 30
days of completion of the job, and all lead test results
— both negative and positive — should be kept on
file.
Eileen Franko is the director of the Bureau of Occupational
Health at the New York State Department of Health and a former
OSHA inspector.