New Federal Lead Regulations and What it Means to Your District

by George Scherer

Lead regulations are nothing new to Texas Schools, but there are some new regulations that will come into play in April 2010. 

Lead is a main-group element with the symbol Pb on the Periodic Table, deriving from the Latin name plumbum.  Lead is a soft malleable metal with a bluish-white color prior to tarnishing to a grayish color when exposed to air.  When melted into a liquid, lead has a shiny silver luster to it.  Lead is known to be very dense, has a high resistance to corrosion and is a poor electrical conductor.

Uses

Historical uses of lead go way back—it is even mentioned in the book of Exodus, and in the Bronze Age, lead was used with antimony and arsenic to make various metal compounds.  Other historical uses include lead pipes in Rome and ingots.  Romans also used lead in molten form to secure iron pins that held blocks of limestone together in construction of certain monumental buildings.

Some more modern day uses of lead in construction and in products include:

• Car batteries
• PVC plastics
• Ceramic glazes
• Stained-glass
• Solder
• Oil based paints
• Sheathing in high voltage power cables
• Roofing (cladding, flashings, gutters, and roof parapets)
• Shielding from radiation (x-rays)
• Pesticides (discontinued in the 1950s)
• Pipes (discontinued in the early 1970s)
• Fuels (banned in 1996)
• Shotgun pellets (banned in 1992)

Health Effects Associated with Lead Exposure

Lead is a poisonous metal that damages nervous connections (especially in children) and causes blood and brain disorders.  Lead poisoning typically occurs from ingestion of food or water contaminated with lead, or through accidental ingestion of contaminated soil, dust, or lead based paint.  The lead compounds get into the bloodstream and interfere with various systems including cardiovascular, gastrointestinal, renal, nervous and reproductive processes. Symptoms of lead poisoning include abdominal pain, headaches, appetite loss, anemia, and irritability.  Severe cases of lead poisoning can lead to seizures, coma, and even death.  Children and expectant mothers are considered to be at a higher risk due to lead causing permanent learning and behavioral disorders.  Testing for lead poisoning can be done in a variety of ways, but blood testing is the most common and accurate.  There is no known safe exposure level for lead; however the Center for Disease Control (CDC) has current action levels set at 10 micrograms/deciliter.   Symptoms in children, on average, appear at 25-60 micrograms/deciliter.

Past & Current Regulations

There have been several lead laws both on the federal and on the state level over the years.  Listed below are a few regulations and what they were intended to address.

1. 1971-1976—Lead Based Paint (LBP) Prevention Act- minimized the maximum amount of lead allowed in paints from 1% to 0.06%
2. 1974—Safe Drinking Water Act
3. 1978—CPSC (Consumer Products Safety Commission) banned LBP for residential use.
4. 1994—OSHA adopted worker protection standards for lead exposure
5. 1994—Texas Environmental Lead Reduction Rules
   1. Must be a licensed Texas Department of State Health Services (TDSHS) Lead Inspector or Lead Risk Assessor to conduct LBP inspections.
   2. Samples must be taken with approved methods and analyzed with licensed/accredited laboratories.
   3. Inspection report developed with results and recommendations for:
        Encapsulation and/or enclosure
        Monitoring schedule
        Removal/Abatement
   4. The interesting thing about this regulation is that it basically says: “If you go looking for lead and if you find it, you must have some type of response action as mentioned above up to and including costly abatement.”
6. 1996—LBP disclosure regulation
7. 2008—Clean Air Act—Amendments allow maximum of 0.15 micrograms/cubic meter of lead released.Currently a product is deemed a hazard when LBP content is greater than or equal to 1.0 microgram/square centimeter or 0.5% by weight.

New Federal Regulation Going into Effect in 2010

The Renovation, Repair, and Painting (RRP) Rules

This is a federal law passed and enforced by the Environmental Protection Agency (EPA), and will go into effect on April 22, 2010.  It will require the use of lead-safe practices to prevent exposure and minimize health related risks of children and adults.  The rules will apply to homes, childcare facilities, apartments, and schools built before 1978, and are targeted to activities with potential to disturb Lead Based Paint (LBP).  A childcare facility or school building in these rules is any buildings or facilities older than 1978 that are occupied by children six years old or younger.

• RRP Rules—What Activities Does it Apply to?
  • Any with the potential to disturb LBP, i.e. remodeling, repair work, electrical work, plumbing, painting, carpentry, window replacement, etc.
  • Must impact an area greater than six square feet per room on interior painted surfaces, or greater than 20 square feet on exterior painted surfaces.
  • Limited to a 30 day period per room.  Meaning that you cannot disturb more than 6 square feet of LBP in a room per a 30 day cycle.
  • Complete demolition of a building or facility is not included in the RRP Rules.
• RRP Rules—Basic Requirements:
  • Apply for Certified Firm status
     All firms must be certified under the RRP Rules in order to perform renovations or post-renovation dust sampling.  School districts who elect to do this in house must be a Certified Firm.
     All firms must be certified for lead based activities to conduct abatement, inspections, or risk assessments.
     Certification is obtained by:
• Submitting an application to the EPA with a $300 fee via mail or online
• Recertification is every 5 years with $300 fee
• 90 day turnaround time allowed
  • Test your suspect areas.
  • Applicable workers must be properly trained:
     Designate Certified Renovator
     Also applies to outside contractors
     Follow RRP work practices during applicable projects
     Maintain proper records/paperwork
    
• Testing your suspected areas—Certified renovators can use EPA approved swab kits for sampling.  The swab kits are about $20 per kit and contain eight swabs in each.  The problem with swab kits is that you are only sampling the surface layers for the presence of LBP.  Licensed professionals can use x-ray fluorescence (XRF) machine, or sodium sulfide.  Licensed professionals cannot use swab kits due to their inaccuracy.
• RRP Rules Worker Training—There are two types of trained workers for this.
  • Certified Renovators
     At least one for each jobsite.  Must be present or available via phone during projects.
     Complete and 8 hour initial renovator training course from an EPA accredited training provider.
     Certified Renovators Responsibilities include:
• Ensure overall compliance at each project
• Be present during containment set up and while clean up is performed
• Monitor work to ensure proper practices are followed
• Perform project cleaning verification
• Maintain all paperwork during and upon completion of project
  • Trained Jobsite Workers
     Receive on-the-job training (OTJ) about work practices from a Certified Renovator
  • Professionals licensed through TDSHS for lead practices (inspector, abatement, etc.) must complete a 4 hour refresher renovator course from EPA accredited training provider.

The RRP Rules also have recommended work practices that must be followed along with rules on how all waste must be contained and disposed of.  There are also clearance sampling requirements that must be done by Certified Renovators prior to completion of the project.  Record retention for all documents under the RRP Rules is three years.  Compliance penalties levied by the EPA from jobsite inspections and follow-ups to complaints could lead to a maximum penalty of $32,500 per violation per day.

OnSite’s Plan to Address the New Regulations

In order to assist your district, OnSite plans to become an EPA accredited training provider for the Certified Renovator class, both initial and refresher courses.  OnSite is planning on becoming a Licensed Lead Assessment Firm, having various staff members licensed through the TDSHS as Lead Risk Assessors, and utilizing an XRF machine for sampling purposes. 

Feedback Wanted and Needed from You

OnSite would like to hear back from you if you have any interest in becoming a Certified Renovator and having free training provided by TASB.  Training courses would be added to our current training curriculum. We would also like to hear from you if you would be interested in having OnSite work with you in developing a compliance plan for your district.  

Please take a few minutes and contact George Scherer with OnSite either by phone or e-mail.
512-467-0222 or 1-800-580-8272 ext. 2248 or e-mail george.scherer@tasb.org.