Lead Renovation, Repair, and Painting Program Application To Public and Commercial Buildings

US EPA has announced that it will conduct a public meeting on June 26, 2013 to gather public comment regarding extending its Lead Renovation, Repair, and Painting Program to public and commercial buildings. In 2010, EPA issued an advance notice of proposed rulemaking (ANPRM) concerning renovation, repair, and painting activities in public and commercial buildings.

EPA is in the process of determining whether these activities create lead-based paint hazards, and, for those that do, developing certification, training, and work practice requirements as directed by the Toxic Substances Control Act (TSCA). EPA has also reopened the comment period for the December 31, 2012 Federal Register document to allow for additional data and other information to be submitted by the public and interested stakeholders. EPA specifically requested information on the following:

1. The manufacture, sale, and uses of lead-based paint after 1978.
2. The use of lead-based paint on public and commercial buildings.
3. The frequency and extent of renovations of public and commercial buildings.
4. Work practices used to renovate public and commercial buildings.
5. Dust generation and transportation from exterior and interior renovations of public and commercial buildings.

Click here for further background on the application of the LBP Rule to public and commercial buildings




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Expansion of Lead Renovation, Repair, and Painting (RRP) Rule

In 2010, EPA issued an advance notice of proposed rulemaking concerning renovation, repair, and painting activities on and in public and commercial buildings. EPA is in the process of determining whether these activities create lead-based paint hazards. For those that do, EPA will develop certification, training, and work practice requirements as directed by the Toxic Substances Control Act (TSCA). EPA has now opened a comment period to allow for additional data and other information to be submitted by the public and interested stakeholders. Comments must be received on or before April 1, 2013. EPA plans to hold a public meeting on June 26, 2013.

As background, Title IV of TSCA was enacted to reduce lead exposures, particularly those resulting from lead-based paint. TSCA requires EPA to revise its Lead-based Paint Activities Regulations to apply to those renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings that create lead-based paint hazards. In April 2008, EPA issued the final Lead Renovation, Repair, and Painting (RRP) Rule. The RRP Rule covers renovation, repair, and painting activities in target housing, which is most pre-1978 housing, and child-occupied facilities, defined in the rule as a subset of public and commercial buildings in which young children spend a significant amount of time.

Shortly after the RRP Rule was published, several lawsuits were filed challenging the rule, asserting that EPA failed to address renovation activities in public and commercial buildings. As part of a settlement agreement, EPA agreed to commence rulemaking to address renovations in public and commercial buildings, other than child-occupied facilities. EPA has agreed to either sign a proposed rule covering renovation, repair, and painting activities in public and commercial buildings, or determine that these activities do not create lead-based paint hazards by July 1, 2015.

In addition, EPA agreed to hold a public meeting on or before July 31, 2013, and offer an opportunity for stakeholders and other interested members of the public to provide data and other information that EPA may use in making its regulatory determinations. Of particular interest to EPA for developing a proposed rule is information concerning:

1. The manufacture, sale, and uses of lead-based paint after 1978.

2. The use of lead-based paint in and on public and commercial buildings.

3. The frequency and extent of renovations on public and commercial buildings.

4. Work practices used in renovation of public and commercial buildings.

5. Dust generation and transportation from exterior and interior renovations of public and commercial buildings.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
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PCB Waste From Building Demolition - Reinterpretation of PCB Bulk and PCB Remediation Wastes

The EPA Office of Resource Conservation and Recovery has announced its intention to reinterpret its guidance regarding PCB-contaminated building materials.

In February 2012, the EPA solicited comment on a draft reinterpretation of its position regarding the status of PCB-contaminated building materials under the definition of PCB bulk product waste. EPA received several questions from the regulated community regarding the disposal and cleanup requirements for PCB-contaminated building materials. The Toxic Substances Control Act (TSCA) regulations at 40 CFR 761 provide disposal and cleanup requirements for PCBs. The disposal and cleanup requirements for PCB-contaminated building material depend on whether the material is classified as a PCB bulk product waste or PCB remediation waste. Waste derived from caulk or paint containing PCBs at > 50 parts per million (ppm) is defined as PCB hulk product waste in 40 CFR 761.3. The definition of PCB bulk product waste includes -non-liquid bulk wastes or debris from the demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs." Other PCB bulk product wastes may include, but are not limited to, mastics, sealants, or adhesives containing PCBs at > 50 ppm. PCB remediation waste is defined as "waste containing PCBs as a result of a spill, release, or other unauthorized disposal...". and leaching may he considered a release of PCBs.

Current EPA guidance states that building material contaminated by the migration of PCBs from PCB bulk product waste, such as caulk or paint, is considered a PCB remediation waste. The proposed reinterpretation would have modified this guidance to specify that only PCB contaminated building material from which the PCB bulk product has been removed is a PCB remediation waste. Under the proposed reinterpretation, the distinction was made whether or not the PCB bulk product is still attached to the building materials.

The reinterpretation finalized in October 2012 allows building material (i.e., substrate) "coated or serviced" with PCB bulk product waste (e.g., caulk, paint, mastics, sealants) at the time of designation for disposal to be managed as a PCB bulk product waste, even if the PCBs have migrated from the overlying bulk product waste into the substrate, provided there is no other source of PCB contamination on or in the substrate. However, if the substrate is not "coated or serviced" (i.e.. the PCB bulk product waste, such as caulk or paint has been removed from the building material) at the time of designation for disposal, and the substrate is contaminated with PCBs that have migrated from the bulk product waste (or from another unauthorized disposal), the substrate would be considered a PCB remediation waste.

The current reinterpretation addresses the possibility that during a cleanup or demolition process, PCB bulk product waste (e.g.. caulk, paint. mastics, and sealants) could separate from the contaminated building material before all of the waste is physically placed in the final disposal facility. At the time of designation for disposal, the contaminated building material would be deemed a PCB bulk product waste if the PCB material (e.g.. caulk, paint, mastic or sealant) is still attached. This label as PCB bulk product waste would stay with the contaminated building materials. EPA recommends developing an abatement plan to document the decision to designate building materials as bulk product waste at the time of designation for disposal. If the PCB material has already been removed or flaked off at the time of designation for disposal, the building material would be deemed a PCB remediation waste, as established under the existing interpretations.


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Wisconsin Lead Renovation, Repair and Painting Rule

Beginning April 22, 2010, contractors nationwide who perform renovation activities in residential homes and child-occupied facilities built before 1978 must be certified and follow specific lead-safe work practices to prevent lead contamination.

While this new requirement will apply nationwide under the U.S. Environmental Protection Agency’s (EPA) 2008 Lead Renovation, Repair and Painting Rule, Wisconsin recently passed an emergency administrative rule adopting the EPA requirements at the state level. As a result, contractors performing renovation activities in Wisconsin will be required to obtain certification through the Wisconsin Department of Health Services (WDHS), instead of the EPA. Wisconsin is the first state to receive federal approval to enforce the new EPA standards at the state level. Wisconsin’s emergency rule is expected to be finalized April 2010.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Revised Waste Management Rules for Renovation or Demolition Projects

The Minnesota Pollution Control Agency (MPCA) has finalized waste and material removal rules that apply to all renovation or demolition projects. According to the revised Rules, the following items and materials must be removed prior to the commencement of renovation or demolition:

A. items that would normally be disposed of as mixed municipal solid waste, such as furniture, carpeting, bedding, mattresses, clothing, small appliances, food, and food waste;
B. household hazardous waste including;
F. items that may contain elemental mercury:
G. items that may contain polychlorinated biphenyls (PCBs);
H. items that may contain chlorofluorocarbons (CFCs):
I. oils, including used oil, hydraulic oils, and oils located in heating oil tanks, piping, sumps, and traps;
J. lead-containing items, including lead-acid batteries, lead pipes, lead sheeting, lead flashing in roof vents, and lead paint that is not firmly adhered to the substrate; and
K. electronic products containing a cathode ray tube, including televisions and computers;

An exemption from this requirement exists for items or materials that are within components of the structure, such as elevators, vertical lifts, or lighting, that need to remain intact are being used during the course of renovation or demolition, provided that the items or materials are removed after use of the component is no longer required for renovation or demolition work.

If the owner, person authorizing renovation or demolition, or person conducting the renovation or demolition knows or has reason to know that portions of the structure may be contaminated by hazardous substances or petroleum based on past uses of the structure, such as a medical building, laboratory, or manufacturing facility, they must obtain appropriate samples and receive results from laboratory analysis as necessary to ensure the proper management and disposal of contaminated structural elements and any resulting debris generated.

Caltha LLP provides specialized expertise to clients nationwide in the pre-demolition surveys, developing waste handling procedures, and preparing cost-effective waste management programs.

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Demolition Wastes - Proposed MPCA Rule

The Minnesota Pollution Control Agency (MPCA) has published draft rules relating to assessment and removal of certain items and materials prior to the renovation and/or demolition of structures.

For the purposes of the draft rule, renovation/demolition is defined as “physical alteration of the interior or exterior of a structure for the purpose of renovating or removing the structure, and includes alteration or removal of walls, ceilings, floors, or roofs or associated structural components”. Structures subject to the draft rule include residential, recreational, governmental, agricultural, commercial, or industrial and other buildings.


The draft rule lists specific items and materials that must be characterized, tested, managed, and disposed of, reused or recycled before renovation and demolition:

• items that would normally be disposed of as mixed municipal solid waste ;
• household hazardous waste;
• industrial solid waste or hazardous waste;
• waste tires;
• major appliances;
• items that may contain elemental mercury;
• items that may contain PCBs;
• items that may contain CFCs;
• oils;
• lead-containing items;
• electronic products containing a cathode ray tube;
• electronic products containing a circuit board;
• asbestos;
• material trapped in sumps and traps;
• radioactive waste; and
• other materials or items that are prohibited at the demolition waste facility.
  

Some exemptions are included in the draft rule, such as when the structure is unsafe to enter as determined by a local government authority.

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