Lead - Renovation, Repair and Painting (RRP)

Lead-based Paint Abatement/Lead-Hazard Control and Renovation, Repair and Painting Activities

The following matrix shows the demarcation of lead-based paint (LBP) abatement activities and Renovation, Repair and Painting (RRP) activities that can be performed by entities in Tennessee.

Abatement and RRP Activities Matrix

State of Tennessee Program

The U.S Environmental Protection Agency (EPA) can authorize states, territories, and tribes (hereinafter referred to as “state”) to administer and enforce the Renovation, Repair, and Painting (RRP) and Lead-Based Paint Activities (Abatement) regulations. While Tennessee does administer and enforce the Lead-based Paint Activities rule, it is not currently authorized to administer and enforce RRP. EPA administers and enforces RRP in unauthorized states.

Tennessee has a Pre-renovation Education Program, which is under TSCA 406(b) and is independent of RRP firm and renovator certification requirements and defined work-practice standards also outlined in TSCA 406(b). Our amended rule, which is pending an effective date, adopts other requirements. Once effective, Tennessee will submit an application to the EPA for authorization of its Pre-Renovation education Program.

Pre-renovation Education regulatory requirements apply to pre-1978 and child-occupied pre-1978 housing and child-occupied facilities where more than 6-square feet of lead-based paint on the interior or more than 20-square feet on the exterior are disturbed. Firms will be required to be certified by the EPA as an RRP firm, and each must have a state-certified ‘Renovator’ who has completed an 8-hour state-accredited lead-safe work practices course. After completing regulated RRP activities, units must be properly cleaned to remove lead hazards and pass clearance testing and/or screening.

EPA Lead Renovation, Repair & Painting (RRP) and State of Tennessee Pre-Renovation requirements applicable during Asbestos work in Target Housing and Child-Occupied Facilities

I. Summary:

The federal Lead Renovation, Repair and Painting (RRP) Rule (40 CFR 745, Subpart E) was initially effective June 23, 2008 and modified April 22, 2010. The RRP regulation establishes requirements for firms and individuals performing renovations, repair and painting activities for compensation in target housing and child-occupied facilities built prior to 1978. These requirements affect contractors, property managers, and others who disturb six or more square feet/room on interior surfaces and 20 or more square feet on exterior painted surfaces. Regulated renovation, repair and painting activities are defined and include any weatherization, electrical, and plumbing activities that punch holes into painted surfaces to access areas where the work is performed. Child-occupied facilities are also specifically defined in the RRP regulation and may be located in public or commercial buildings or in target housing and apartments. Under the regulation, a child-occupied facility is a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child under six years of age, such as schools and childcare centers.

The State of Tennessee pending amended Rule 0400-13-01 Lead-Based Paint Activities requires pre-renovation education of owners and adult occupants in target housing, and of owners, adult representatives, and parents & guardians of children in child-occupied facilities.

Additional regulatory requirements that are applicable to asbestos abatement projects that may disturb painted surfaces and which occur in facilities meeting the definitions of target housing and/or child-occupied facilities, including but not limited to apartment buildings, public/commercial buildings, single-family homes, day cares, preschools, and kindergarten classrooms.

If you are a firm that conducts defined RRP activities, then we recommend you read through all of the subjects below to learn how to fulfill your legal requirements to protect yourself, your employees, and your clients from the dangers of lead exposure. Renovation, Repair and Painting Program: Contractors | US EPA.

II. Regulatory Overview:

Under EPA’s Lead-Based Paint Renovation, Repair and Painting (RRP) Rule (40 CFR 745, Subpart E) beginning April 22, 2010, firms performing renovation, repair and painting projects, and interim controls that disturb lead-based paint in homes, child care facilities, and kindergartens built before 1978 must be EPA- or state-certified and must use certified renovators who follow specific work practices to prevent lead contamination.

RRP requirements do not apply to an activity performed as part of a lead-based paint abatement as defined by this part (40 CFR 745.223).

The full requirements and text of the regulation may be found on EPA’s website, along with information on obtaining training and Lead RRP Certification.

Paragraphs (3) and (4) of Rule 0400-13-01-.03 Residential Property Renovation outlines the requirements for pre-renovation education in applicable facilities. The full requirements and text of the regulation may be found on the Lead Hazard Program page.

Note the definitions of “Target Housing” and “Child-Occupied Facility” in particular:

“Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any zero-bedroom dwelling (unless any child who is less than six years of age resides or is expected to reside in such housing)
“Child-occupied facility” means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools, and kindergarten classrooms.

Asbestos Abatement Activities that intersect with RRP & Pre-Renovation Requirements

The above regulatory requirements pertaining to lead hazards may impact asbestos abatement activities in target housing and child-occupied facilities if painted surfaces are disturbed by abatement and renovation activities of an area of 6-sq. ft or greater on the interior or 20-sq. ft or greater on the exterior building.

See the table below for some common examples of work where Lead RRP/Pre-renovation and NESHAP/MAP may overlap:

Facility Type	Lead RRP/Pre-Renovation Education	Asbestos Model Accreditation Program (MAP)	NESHAP (if ACM removal amount over threshold or demolition occurs)*	AHERA
Public, Private Non-Profit, or Charter Elementary school with Kindergarten students	Yes, in all classrooms and common areas where children under age 6 are present (Child-Occupied Facility)	Yes	Yes	Yes
Preschool/Pre-K/Headstart program	Yes	Yes	Yes	No
Day Care	Yes	Yes	Yes	No
Middle/High Schools	No (unless a Child-Occupied Facility, such as an employee daycare)	Yes	Yes	Yes
Detached, single-family home (incl. duplex/triplex/quad)	Yes	No, unless part of a larger project*	No, unless part of a larger project*	No
Apartment building over 4 units but less than 10 units	Yes	No, unless part of a larger project*+	Yes	No
Apartment building with moreYes	Yes	Yes	Yes	No
University facilities	No (unless a Child-Occupied Facility, such as an employee daycare)	Yes	Yes	No (unless a K-12 school is present)
Rehabilitation and long-term healthcare facilities which serve children under age 6	Yes	Yes	Yes	No, unless the facility meets the federal definition of a school (refer to 40 CFR 763 for definition)
Commercial/retail properties	No (unless a Child-Occupied Facility)	Yes	Yes	No
Industrial facility	No (unless a Child-Occupied Facility, such as an employee daycare)	Yes	Yes	No
Church/Temple/Mosque or similar	No (unless a Child-Occupied Facility, such as a daycare or preschool)	Yes	Yes	No (unless a K-12 school program is present)

Additionally, note the requirements for Pre-Renovation Education in particular:

Paragraphs (3) and (4) of the State of Tennessee Rule 0400-13-01-.03 Residential Property Renovation:

(3) Information Distribution Requirements.

(a) Renovation of Dwelling Units.
No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the renovator must:

1. Provide the owner of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or
(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

2. In addition to the requirements in part 1. of this subparagraph, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the renovator has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the
pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of the renovator, and the date of signature; or
(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) Renovations in Common Areas.
No more than 60 days before beginning renovation activities in common areas of multi-family housing, the renovator must:

1. Provide the owner with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or
(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

2. Notify in writing, or ensure written notification of, each unit of multi-family housing and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet and a copy of the records required by part (4)(b)1 of this rule, at no charge, from the renovator.

3. Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

4. If the scope, location, or expected starting and ending dates of the planned renovation activities change after the initial notification, the renovator must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the renovator initiates work beyond that described in the original notice.

(c) Renovations in child-occupied facilities.
No more than 60 days before beginning renovation activities in any child-occupied facility, the renovator must:

1. (i) Provide the owner of the building with the pamphlet, and comply with one of the following:

(I) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or
(II) Obtain a certificate of mailing at least seven days prior to the renovation.

(ii) If the child-occupied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following:

(I) Obtain, from the adult representative, a written acknowledgment that the adult has received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the renovator has been unsuccessful in obtaining a written acknowledgment from an adult representative. Such certification must include the address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., representative refuses to sign), the signature of a representative of the renovator, and the date of signature; or
(II) Obtain a certificate of mailing at least seven days prior to the renovation.

2. Provide the parents and guardians of children using the child-occupied facility with the pamphlet, information describing the general nature and locations of the renovation and the anticipated completion date, and information on how interested parents or guardians of the children frequenting the child-occupied facility can review a copy of the records required by part (4)(b)1 of this rule or obtain a copy from the renovator at no cost to the occupants.

3. Prepare, sign, and date a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet.

(d) Written Acknowledgment.
Sample language for acknowledgment is provided in paragraph (6) of this rule. The written acknowledgments required in subparts (a)1.(i), (a)2.(i), (b)1.(i), (c)1.(i)(I), and (c)1.(ii)(I) of this paragraph shall:

1. Include a statement recording the owner or occupant’s name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature;
2. Be either a separate sheet or part of any written contract or service agreement for the renovation; and
3. Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner-occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

(4) Recordkeeping Requirements.

(a) Renovators shall retain and, if requested, make available to the Commissioner all records necessary to demonstrate compliance with this rule for a period of three years following completion of the renovation activities in target housing.

(b) Records that must be retained pursuant to subparagraph (a) of this paragraph include (where applicable):

1. Reports certifying that a determination had been made by an inspector, certified pursuant to paragraph (5) of Rule 0400-13-01-.01, that lead-based paint is not present in the area affected by the renovation, as described in paragraph (1) of this rule;

2. Signed and dated acknowledgments of receipt as described in subparts (3)(a)1.(i), (3)(a)2.(i), (3)(b)1.(i), (3)(c)1.(i)(I), and (3)(c)1.(ii)(I) of this rule;

3. Certifications of attempted delivery, as described in subparts (3)(a)2.(i) and (3)(c)1(ii)(I) of this rule;

4. Certificates of mailing as described in subparts (3)(a)1.(ii), (3)(a)2.(ii), (3)(b)1.(ii), (3)(c)1(i)(II), and (3)(c)1(ii)(II) of this rule; and

5. Records of notification activities performed regarding common area renovations, as described in parts (3)(b)3., (3)(b)4., and (3)(c)3. of this rule

Federal Program

Renovation activities can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. Beginning in April 2010, the U.S. EPA has required contractors performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 be certified and follow specific work practices to prevent lead contamination.

Learn more about the RRP requirements that are now in effect
EPA-Accredited RRP Training Providers

Tennessee is an EPA-administered RRP state.

Refer to the full Tennessee NESHAP requirements.

NESHAP requirements for supervisor training still apply.