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Lead abatement vs. renovation

Introduction

It can be challenging at times to understand what lead abatement and lead renovation mean and the requirements that go along with each. There are some similarities between the two, but there are differences as well. There is often a misconception that since lead is no longer present in new paint, that lead-based risks no longer exist. But this is not the case and special care and preventative measures need to take place to handle activities related to lead. This Fact File gives a detailed look at lead abatement and renovation. Presented here is information on who must certify and why and the differences and similarities between the two.

Background

Lead is a naturally present element found in small quantities in the earth’s crust. It can be toxic to humans. When lead is absorbed in the body, it can damage the brain and other organs like the kidneys, nerves, and blood. It can cause behavioral issues, learning disabilities, seizures, and even death. Most exposure to lead happens through ingestion or inhalation. Title IV of the Toxic Substances Control Act (TSCA) directs EPA to regulate lead-based paint hazards in paint, dust, and soil in child occupied facilities and target housing. The Department of Housing and Urban Development (HUD) approximate that roughly 38 million permanently occupied housing units or about 40 percent of all housing units in the United States have some lead-based paint that was applied prior to banning lead-based paint in 1978.

Lead abatement

Abatement is the deliberate and permanent removal of lead-based paint and their subsequent hazards. Abatement certification is a particular kind of certification required for firms who work with lead-based paint. This can include lead abatement firms, lead risk assessor firms, and lead inspection firm. Lead abatement projects can be ordered by a state or local government in response to a lead poisoned child, may be mandatory due to local ordinance or the usage of community funds, or may be undertaken willingly by the owner. Abatement of lead can include:

  • Removal of paint and/or dust
  • Permanent enclosure of lead-based paint
  • Replacement of painted surfaces or fixtures
  • Removal of soil
  • All preparation, cleanup, disposal, and post-abatement clearance testing actions connected to such measures

Companies/firms doing lead abatement work must:

  • Be trained and certified;
  • Maintain records on abatement projects for at least three years; and
  • Make sure occupants are out of the home, childcare facility, or preschool

Lead renovation

Renovation actions disturb paint because of a certain activity, but they are often started for reasons unconnected to lead issues, unlike abatement actions. Renovation projects are usually performed optionally at the request of the property owner for visual purposes or as a temporary control to lessen lead hazards. It is NOT meant to permanently eradicate lead-based paint hazards.

Overall, EPA believes that actions that generate dust or paint chips are actions that disturb paint. There is no conclusive list of actions that disturb painted surfaces. Examples that can disturb painted surfaces include:

  • Making cut-outs in walls;
  • Replacing a window from the inside or outside;
  • Removing paint with a heat gun or by abrasive sanding;
  • Scraping paint;
  • Getting rid of kitchen cabinets or large structures, including demolition of interior plaster walls;
  • Replacing or repairing heating, ventilation, and air conditioning (HVAC), including duct work;
  • Drilling and sawing into wood and plaster which results in isolated small surface disruptions; and
  • Performing scuff-sanding.

The Renovation, Repair and Painting (RRP) Rule aims to minimize exposure from lead-based paint dust during renovation, repair or painting actions. The rule applies to all firms and individuals who are paid to perform renovation, repair, and painting actions that disturb paint in pre-1978 housing and child-occupied facilities. This includes contractors of home improvement projects, maintenance workers, painters, and other specialty trades. Individual renovators and firms must be trained and certified in lead safe RRP practices. Firm certification is valid for five years. The renovation (RRP) certification is appropriate for firms who disturb paint in pre-1978 residences and child-occupied facilities merely because of doing other work. It covers a wide range of firms including renovators, carpenters, painters, electricians, plumbers, and handymen. These firms do NOT need abatement certification.

Companies/firms doing lead renovation work must:

  • Be trained and certified.
  • Maintain records on renovation projects for a minimum of three years.
  • Make sure occupants are out of the home, childcare facility, or preschool.
  • Distribute EPA’s The Lead-Safe Certified Guide to Renovate Right before starting renovation work.

Applicable laws & regulations

40 CFR 745 — Lead-Based Paint Poisoning Prevention in Certain Residential Structures

Related definitions

Hazard: A source or a situation with the possibility for harm in terms of human injury or ill-health, damage to property, damage to the environment, or a mixture of these.

Enclosure: The installation of a rigid, tough barrier that is mechanically attached to building parts, with all edges and seams sealed with caulk or other sealant.

Key to remember

The RRP Rule is not intended to replace or block any more rigorous state or local laws. Make sure to investigate other federal and state regulations that apply to your lead activities.

Real world example

Due to the severity of risk that lead can pose to human health, failure to certify, notify occupants of lead-paint, and/or train employees, can result in hefty fines. Contractors, property owners, managers, and even lead abatement companies of all kinds of sizes around the U.S. are frequently cited for EPA RRP Rule violations. In 2015, a property management company based in Illinois, was cited for failure to notify tenants of the presence of lead-based paint in their properties. This violated TSCA and the RRP Rule. They were required to pay a civil penalty of $5,000. And they were mandated to perform lead abatement work, valued at up to $308,000 to replace windows and clean up lead-based paint hazards in 50 rental properties with a total of 52 units.

Another company in Missouri failed to apply for and obtain renovation certification as well as retain proper records. They had to pay a civil penalty of $11,200. Regardless of your company’s size or the extent of the renovations you carry out, it pays to be fully aware of the RRP Rule and to make sure any employees hired comply as well.