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TSCA Section 402(C)

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TSCA Section 402(C) ENVIRONMENTAL PROTECTION AGENCY Round Table Discussion of: TSCA Section 402(c) Lead Exposure Reduction Proposed Renovation and Remodeling Rule March 8, 1999 DoubleTree Hotel Crystal City Arlington Virginia Reported By: CASET Associates 10201 Lee Highway, Suite 160 Fairfax, Virginia 22030 (703) 352-0091 TABLE OF CONTENTS Page Welcome, Introductions, and Review-to-Date 1 Work Practice Standards (set-up, dust control, 10 clean-up, clearance, restricted practices) Certification and Accreditation 149 Final Questions, Summary and Next Steps 238 PARTICIPANTS VICKI AINSLIE, Georgia Tech Research Institute, Atlanta, GA RICHARD BAKER, Baker Environmental Consulting, Inc, Lenexa, KS ROB BEEKMAN MEGAN BOOTH, National Association of Realtors, Washington, DC DEAN BULLIS, MD Department of the Environment, Baltimore, MD KENNETH CARLINO, New York City Department of Health, NY, NY PATRICK CONNOR, CONNOR, Baltimore, Maryland GENE DANIELS, UBC H&S Fund, Cincinnati, Ohio STEPHEN DIETRICH, POCA, Lancaster, Pennsylvania PIERRE ERVILLE, Consultant, Silver Spring, Maryland NICK FARR, National Center for Lead-Safe Housing, Columbia, MD NEIL FINE, Applied Systems, Inc., Holland, Pennsylvania MARC FREEDMAN, Painting & Decorating Contractors of America, Fairfax, Virginia GREGG GOLDSTEIN, National Multihousing Council, Washington, DC DAVID HARRINGTON, California Department of Health Services Occupational Lead Poisoning Prevention Program, Oakland, CA MARK HENSHALL, US EPA, Washington, DC EILEEN LEE, National Multihousing Council, Washington, DC DAVID LEVITT, HUD, Office of Lead Hazard Control, Washington, DC DENNIS LIVINGSTON, Community Resources, Baltimore, Maryland DWAYNE LONDON RON MORONY, US EPA, Washington, DC KEVIN NOLAN, PDCA/Painting Contractor, Ardmore, Pennsylvania RUTH ANN NORTON, Coalition to End Childhood Lead Poisoning, Baltimore, MD JACOB PASTER, RMD, Watertown, Massachusetts BRYAN PATCHAN, NAHB Remodelers Council, Washington, DC GREG PIACITELLI, NIOSH, Cincinnati, Ohio DOUG RAY, US Department of Labor, OSHA, Washington, DC DAN REINHART DORI REISSMAN, CDC/NCEH/EHHE/LPPB, Atlanta, Georgia AARON SUSSELL, NIOSH, Cincinnati, Ohio 1 ELLEN TOHN, Alliance to End Childhood Lead Poisoning, Washington, DC DARLENE WATFORD MIKE WILSON, US EPA, Washington, DC MICHAEL WORSHAM, US Army Environmental Center, Aberdeen Proving Grounds, MD JOHN ZILKA, Applied Systems, Inc., Aliquippa, Pennsylvania P R O C E E D I N G S (8:15 a.m.) AGENDA ITEM: Welcome, Introductions, Review-to- Date. MR. GRAVES: Good morning. My name is Scott Graves. I am with ICF. My role today is as facilitator. The purpose of today's meeting, as most of you know, is to provide an opportunity for you all to provide your perspective and input to EPA on the renovation and remodeling rule, as they go forward and develop that rule. You will note that the meeting is being recorded. Your comments are being recorded. The transcript, as I understand it, will be available on EPA's web site in two or three weeks after today's meeting. If you want to, you can access that. I will ask Mike to provide a web site address by the end of the day, so you can take that with you. My role today, as I said, is to facilitate the 2 meeting, make sure that the meeting basically stays on track. I am going to function sort of as a traffic copy today. I may, from time to time, may redirect the questions or the conversation if things are winding down, or as points begin to be raised. EPA's role is today to be here to listen to your comments and your feedback. From time to time, I may call on them, or they may want to make a point in response to a particular issue that has been raised. I will make time in the speaker's queue to do that. In terms of getting yourself into the speaker's queue, for those of you who have been to these meetings, before, you will remember how Shawn would say, put your name tag on the end like this, preferably with your name facing me, so that I can read it, and I will call on you in the order in which you place your name tags up. As far as the agenda today, everyone should have a copy of the agenda. If you don't, I know that there are agendas available out at the registration desk. It is a pretty full meeting today. We are going to get started. EPA is going to provide a brief overview, a background of the rule development process today, where they 3 have been and where they are going. Then we are going to get into a discussion of the work practice standards. You have most of the morning and a little bit of the afternoon after lunch to discuss work practice standards issues. Then we are going to move into certification and accreditation issues, and finally, the applicability and the scope of the rule concerns. Then we will get into the final questions and summary, and then we are done for the day. I think we have spaced things out pretty well and the agenda should be pretty easy to follow. With that, I think I am going to open it up to Mark Henshall from EPA to describe the rule development process to date and provide you with an overview of where they are at. MR. HENSHALL: Thank you, Scott. I am going to take maybe 10 minutes of your time so that we can get into the agenda. As you can see, we have a full agenda, and we are going to try to get out of here as close to 5:00 as possible today. When we originally started planning this meeting it was, in fact, a two-day meeting. We tried to compress everything into one day, trying to get you all back to your 4 real jobs. So, if you could sort of indulge us and keep things moving along, we are going to try to get out as close to 5:00 as possible. My name is Mark Henshall. I am the chief of the lead, heavy metals and inorganics branch. My branch is responsible for all of the regulatory development in the EPA's lead program. One of the rules that we are working on, as you may be aware, is the TSCA section 402(c) renovation and remodeling rule. To give some of you some background, if you haven't been at any of our previous meetings, just to give you a sense of sort of why we are doing this, what we are trying to do, and where we are in the schedule, back in 1992, Congress passed TSCA with Title X, which is a pretty comprehensive national lead statute. It directed EPA, OSHA, HUD, and other agencies to do a series of things. One of the things it directed EPA to do was to write a regulation to rain and certified abatement contractors. EPA started that work in 1992 and finally completed it in 1996, and promulgated it as a final rule, 5 which I am sure you are pretty familiar with at this point. Congress also told EPA to study the hazards that renovation contractors could pose to individuals living in homes where renovations were occurring. EPA also began that in 1992 and has about completed, or is completing that task. Congress then told EPA to take the results of that study on the one hand, and to meet with as many people that we could find as would want to talk about this subject, and take the original training and certification rule, the abatement rule, and amend those rules to regulate renovation contractors whose activities pose a hazard. That is why we are here today. We have had a series of meetings over the winter. We met with, effectively, this group about three or four months ago, something like that, in December. We have met with a group of states two weeks ago, and we will be having another state meeting in June. Our goal is to try to get a proposed regulation out by October, November, December, somewhere in that time frame, of this calendar year. Our goal is to definitely get a proposed rule out before the end of this calendar year. That is why this meeting is pretty important to us. In your mailing, you were given -- and if you 6 didn't bring your mailing, we have extra copies -- you were given two items. One was a draft rule outline, and another was a set of sort of issue discussions. I will first talk about the outline for two seconds. As many of you know, if you have been involved with any rule makings with any other federal agencies, a lot of time what we start off working on looks like one thing and then the final rule looks like something entirely different. I just want to caution you that what is in the draft outline is something that is being used for today's discussion, and it is being used as a starting point. It in no way represents the final decisions of the agency. It doesn't indicate what exactly the final rule is going to look like. I caution you not to run off and say, the EPA is going to be doing X or Y. We have a lot of deliberations to go through, this group being one, the states being another, our internal management being a third. So, sort of treat this as a discussion document for today's meeting. The issues outlined, I think, sort of crystallize 7 or give people a sense of the issues that EPA is really wrestling with at this point. Work practice standards, which we are going to be spending a lot of time talking about, clearance testing, clearly a key issue, who can perform clearance testing, how to characterize jobs, what sort of work practice standards are required, those sort of things.
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